LAST UPDATED: MARCH 14, 2019

Wander Terms of Service

Thank you for choosing WANDER. These Terms of Service (“Agreement”) along with the applicable policies and additional terms which WANDER makes you aware of your obligations, the obligations of WANDER, and the rules you must follow when using WANDER’s internet service (“Service”).
THIS AGREEMENT CONTAINS (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST WANDER MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT YOUR RIGHTS WITH RESPECT TO ALL SERVICES. SEE SECTION 12 FOR DETAILS ON THESE PROVISIONS.
You must accept this Agreement as a condition of receiving the Service. By accepting this Agreement, you confirm you are a capable adult over the age of majority. If you are an entity, by accepting this Agreement, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept this Agreement; and you are also confirming that this Agreement constitutes a valid and binding obligation of yours. By enrolling in, using, or paying for the Service, you agree to the terms and conditions in this Agreement.

1. Equipment & Software

a. Customer Equipment. Other than the equipment and/or software provided to you by WANDER for use with the Service (collectively, the “WANDER Equipment”), you must provide all equipment, devices, and software necessary to receive the Service. Any equipment or software that was not provided to you by WANDER, is not the responsibility of WANDER and WANDER will not provide support for, or be responsible for ongoing maintenance of such equipment. Regardless of whether the equipment used to access your Service is owned by you or WANDER, WANDER reserves the right to manage such equipment for the duration of your Service and retains exclusive rights to data generated by the equipment. Neither you nor a third party may change, interfere with, or block access to equipment, the data or settings.

b. WANDER Equipment. Your Service may include some or all of the following WANDER Equipment: (1) Outdoor Antenna. The Outdoor Antenna provides an interface to WANDER’s network. The Outdoor Antenna requires electrical power from your service location to operate, which you are responsible for providing. WANDER will install your Outdoor Antenna. Once the Outdoor Antenna has been installed by WANDER, you may not move the Outdoor Antenna to a different location or reposition at your address or any other address while you continue to receive the Service and (2) Wi-Fi Gateway (“Gateway”). The Gateway is installed inside your premises and is required for the Service to function. A Gateway allows multiple devices to connect and communicate to the Internet wirelessly. Once the Gateway has been installed by WANDER, you may not move the Gateway to a different location or reposition at your address or any other address. You agree that, while you continue to receive the Service, neither you nor a third party will move the WANDER Equipment within your premises or to any other physical location outside of the premises where it was installed by WANDER. If you require the WANDER Equipment to be moved while you continue to receive the Service, you must contact WANDER. Failure to do so may result in a failure of the Service and/or in WANDER’s termination of your Service. WANDER will repair or replace damaged WANDER Equipment as WANDER deems necessary and may charge you a fee for repair or replacement of the equipment. You understand that repair or replacement of WANDER Equipment may delete stored content, reset personal settings, or otherwise alter the functionality of such WANDER Equipment. You will be responsible for payment of service charges for visits by WANDER or its subcontractors to your premises when a service request results from causes not attributable to WANDER or its subcontractors, including, but not limited to, when you are unwilling to complete troubleshooting steps requested by WANDER. If you own the equipment or if the WANDER Equipment is damaged due to your intentional acts or negligence as determined by WANDER, you will be responsible for the price of repair or replacement.

c. Responsibility for and Return of Equipment. Upon termination of your Service for any reason, WANDER shall remain the owner of the Gateway, and you must return the Gateway, undamaged, within 21 calendar days to WANDER. If the Gateway is not returned within 21 calendar days, or is returned damaged, you will be charged for the replacement value of the Gateway. Although the Outdoor Antenna will constitute WANDER Equipment during the term of WANDER Service, you will be considered the owner of the Outdoor Antenna for all other purposes and you will not need to return the Outdoor Antenna to WANDER upon termination of your Service. Upon termination of your Service for any reason, the Outdoor Antenna will remain where installed at your location and you will be solely responsible for any and all future service, care, maintenance and removal of the Outdoor Antenna. Service, care, maintenance and removal of the Outdoor Antenna should be performed only by an experienced professional; you should not attempt to perform such activities yourself. WANDER shall have no ongoing duty, obligation, or responsibility to perform any service, care, or maintenance on the Outdoor Antenna or to uninstall or remove the Outdoor Antenna after termination of the Service. WANDER shall have no liability to you or any other person or entity related to or arising out of the Outdoor Antenna. You agree to indemnify and hold WANDER and its subsidiaries, affiliates, officers, agents, licensors, employees, sub-contractors, and partners harmless from any claim or demand, made after termination of Service, arising out of or related to the Outdoor Antenna, including, but not limited to, claims for personal injury, property damage, wear and tear, or equipment degradation.

d. Service Availability and Limitations. Many factors can affect the availability and quality of your Internet Service, including, but not limited to, capacity limitations such as network capacity, terrain, buildings, foliage, and weather. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, network management, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers.

2. Prohibited Network Uses.

We may take any and all reasonable actions necessary to restrict any prohibited network uses, including those addressed in WANDER’s Acceptable Use Policy and/or any use in a manner that: (a) Hinders other customers’ access to the network; (b) involves the installation or similar mechanism to originate, amplify, enhance, retransmit or generate a radio frequency signal without our permission; (c) negatively affects our network or compromises network security or capacity; (d) excessively and disproportionately contributes to network congestion; (e) adversely impacts network service levels or legitimate data flows; (f) degrades network performance; or (g) causes harm to the network or other customers.

3. ACCESS & INSTALLATION OF EQUIPMENT

During the term of the Service, you will provide WANDER and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other Adult resident or guest at your residence (each, an Authorized User for purposes of this Agreement) to grant access to your premises for these purposes. You understand and agree that WANDER may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service. If you do not own your premises, you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow WANDER and its subcontractors reasonable access to install, maintain, and repair the Service and to make any alterations WANDER deems appropriate for the work to be performed. You acknowledge that WANDER may use existing wiring, including altering the wiring and removing accessories, located within your unit (“Inside Wiring” or “IW”). You warrant that you own or control the Inside Wiring, and give WANDER permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this Agreement, you agree to indemnify WANDER from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.

4. theft or misuse.

You agree to notify WANDER immediately, in writing or by calling WANDER customer support, if the WANDER Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. You will be responsible for stolen WANDER Equipment not owned by you; however, WANDER may waive or reduce charges upon submission of documentation of theft or other circumstances. Unless notified by WANDER, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used

5. THIRD PARTY SERVICES.

The Service may permit access to products, services, websites, advertisements, and content (“Third Party Content and Services”) from advertisers, publishers, vendors and other third parties (“Third Parties”). Your use of Third Party Content and Services may be subject to additional terms of use set by the Third Parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. WANDER does not investigate, monitor, represent, endorse or publish the Third Party Content and Services. Furthermore, WANDER does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any Third Party, or represent or warrant that your use of any Third Party Content or Services will not infringe the rights of third parties. WANDER reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Service. WANDER shall have no liability to you arising out of or in connection with your access to and use (or misuse) of the Third Party Content and Services.

6. Changes to this agreement and/or service

We may change any terms, conditions, rates, fees, or charges regarding your Service at any time. We also reserve the right to modify or discontinue the Service, temporarily or permanently. We will provide you with notice of material changes via either any email address you provide, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. It is your responsibility to check for any such notices. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of such changes.

7. restrictions on use.

a. AUP. Your use of the Service is subject to the WANDER Acceptable Use Policy (“AUP”) which may be viewed at http://wander.net/aup/ and is hereby incorporated into the Agreement as though fully set forth herein. In accordance with the AUP, WANDER reserves the right to deny, disconnect, modify, and/or terminate, without notice, the Subscriber Account or the Service provided by WANDER to any customer whose use of the service violates the AUP.
b. No Resale. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, transfer, trade, resell, re-provision, redistribute, or rent the Service, your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application (including, without limitation, Voice Over Internet Protocol (VOIP) via wired, wireless, or other means. For example, you agree that the Service is not to be used to trunk or facilitate public internet access (“hotspots”) or any other public use of the Service, or for any high-volume purpose. All aspects of the Service, except that portion provided by third party providers, is copyrighted and property of WANDER.
c. Copyright Infringement & Digital Millennium Copyright Act. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity), or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Service(s). WANDER assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
d. Use by Children. WANDER is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 should not be permitted to access the Service unless added as a sub account by a Subscriber Account holder who is their legal guardian. You understand that by adding a child to your Subscriber Account, you are giving your child access to features that are available as part of the Service (including email, message boards, clubs, and instant messages) and the Internet. Please remember that the Service is designed to appeal to a broad audience. It is your responsibility to determine whether the features provided through the Service are appropriate for a minor.
e. Privacy Policy. Your use of the Service and registration data and certain other information about you are subject to the respective privacy policies of WANDER. This policy is available at:http://wander.net/privacy-policy/

8. Home network management.

Although WANDER reserves the right to manage any equipment used to access any Service, you are solely responsible for all security measures over your in-home network, including any local area network(s) and/or Wi-Fi Equipment. That includes, but is not limited to, access to authorization codes or passwords, as well as any encryption you deem necessary or required. WANDER may provide you with tools or software to assist you in managing one or more aspects of your home network (which software would then be included in the term “Software” as used herein below), but you remain solely responsible for all aspects of your home network, including any activity by children or other guests that you may allow (either intentionally or unintentionally, through lack of adequate security measures) to access your Services via your home network and/or Home Wi-Fi. For that reason, WANDER recommends that you take all necessary measures to ensure adequate network security and to closely monitor use of your Services and your home network by anyone accessing your home network, especially children.

9. Registration and Subscription.

a. Subscriber Account. When you complete the registration process for the Service, you become the “Subscriber Account” holder. To be a Subscriber Account holder you must either be: (i) 18 years or older, if an individual, or, (ii) be a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept this Agreement and acting through your duly authorized representative. You will be asked to choose a unique “Member ID” for your account. b. Subscriber Account Responsibility. The Subscriber Account holder is responsible for all activity associated with the Subscriber Account and any of its sub accounts, including all fees and charges, whether the charges are incurred by the Subscriber Account or the sub accounts. c. Registration Data. All information that you provide to WANDER must be accurate, including your name, address, credit or charge card numbers and expiration dates, and any payment information (“Registration Data”). You are responsible for keeping all Registration Data accurate and must provide changes promptly to WANDER by logging on to the WANDER customer online portal. d. Authority and Authorized User(s). You may authorize spouses, partners, family or other household members or designated persons to act on your behalf in managing your Subscriber Account, including changing or adding equipment and programming: (i) by providing such person access to your confidential account password or passcode; (ii) by updating your account information to add authorized user(s); (iii) by granting authorizations and/or ordering permissions to sub account holder(s); and/or (iv) by granting anyone primary or secondary online access to manage your account (each such person, an “Authorized User”). e. Password Protections. Your account password or passcode must be provided to engage in most online or telephonically enabled account management functions. You agree to immediately notify WANDER if your password or passcode has been compromised and/or you wish to remove an authorized user from your account; in the absence of such notification, you are responsible for activities on your Subscriber Account, including by persons listed as authorized users.

10. Termination or Cancellation of Service

a. Your Decision to Terminate or Continue Service. You may cancel your Service at any time. If you cancel Service prior to the end of your billing cycle, your Service cancellation will be effective as of the final day of your billing cycle for billing purposes. You will not receive a refund or prorated credit of any portion of Service if you cancel prior to the end of your billing cycle.
b. Service Suspension/Termination by WANDER. WANDER may immediately terminate or suspend your Subscriber Account and sub accounts, and all or a portion of your Service without notice for any of the reasons set forth in WANDER’s Acceptable Use Policy, or if: (a) you provide false or inaccurate information to WANDER; (b) you (or anyone you permit to utilize the Service, including a sub account associated with your Subscriber ID) violate this Agreement or the WANDER Acceptable Use Policy; (c) you (or anyone you permit to utilize the Service, including a sub account associated with your Subscriber ID) engage in conduct that is a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); or, (d) if you engage in conduct that is threatening, abusive or harassing to WANDER, employees or any of their vendor’s employees or representatives, including, for example, making threats to physically harm or damage employee or company property, frequent use of profane or vulgar language, or repeatedly contacting our customer service representatives for reasons that do not pertain to our provisioning, maintenance, repair, or general servicing of your Service after you have been asked to stop such conduct. You may also be subject to suspension or termination pursuant to Section 2 and 7.

If we terminate or suspend your Service, your license to use any software provided in connection with the Service is also terminated or suspended (as applicable). If your Service is terminated, WANDER has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges for the Service through the end of the billing cycle when the Service is terminated.

  1. Suspension and Termination for Non-payment. WANDER may suspend or terminate Service if your payment is past due.
  2. Suspension and/or Termination upon Loss of Access. Upon any interruption or loss of either your or WANDER’s rights to access any part of the network facilities required to provide your Service, including the interruption or loss of any rights to access the land or buildings in which the facilities are located, WANDER may, in its sole discretion, suspend or terminate all or any portion of your Service.  In the event of any interruption or loss of access, WANDER will endeavor to provide you with reasonable advanced notice of any suspension or termination of Service, however the timing of any suspension or termination, as well as the timing of any resumption of Services, are entirely at WANDER’s reasonable discretion. 
  3. Restoral Fee and Payment of Past Due Amounts. If either you or WANDER suspends a Service for any reason set forth herein (other than due to WANDER’s loss of access), you must make satisfactory arrangements to pay all past due amounts in order to have that Service restored.  You will also be required to pay a Service Restoral Fee of no more than $50 per incident of suspension or termination of a particular Service (subject to applicable law and except as may otherwise have been expressly agreed in writing). The Restoral Fee will be assessed on the next monthly bill you receive following the resumption of Service.

11. Payment

You agree to pay in full each month: (1) the monthly fee specified when you ordered your Service; (2) any charge(s) for equipment required for your Service; (3) activation fees, connection charges, and/or installation charges, if any; (4) late fees, Service Restoral Fees, and other applicable Service charges; and, (4) any applicable taxes, recovery fees, and surcharges that WANDER pays to municipalities and other governmental entities and may pass on to you.

a. Billing and Method of Payment. Billing will begin when the installation is complete. You will automatically receive an online bill (see below). You may be asked to provide us with a credit card number from a card issuer that we accept or a valid debit card number that you own in order to activate your Service. You hereby authorize WANDER to charge and/or place a hold on your credit or debit card with respect to any unpaid charges for your Services or any related equipment. You authorize the issuer of the credit or debit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit or debit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit or debit card to pay all such amounts. You authorize WANDER and/or any other company who bills products or services, or acts as billing agent for WANDER, to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit or debit card until such amounts are paid in full. You agree to provide WANDER with updated credit or debit card information upon the request of WANDER and any time the information you previously provided is no longer valid. You acknowledge and agree that neither WANDER nor any WANDER affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit or debit card. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at the option of WANDER, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional fee of $30 per transaction.

b. Late Payment Charge. You agree that for each bill not paid in full by the payment due date, a Late Payment Charge will be assessed of no more than $10 per bill (subject to applicable law).

c. Bill Inquiries. If you believe you have been billed in error for your Services or any related equipment, please notify us within 60 days of the billing date by contacting Customer Service. WANDER will not issue refunds or credits after the expiration of this 60-day period, except where required by law.

d. Refunds and Credits. Except as otherwise required by applicable law, any amounts refunded in the form of bill credits, cash payments, or any other form shall be inclusive of all applicable taxes that were originally paid on such amounts. Credit amounts, that do not represent a refund of, or a discount to, the price paid for any good or service will not result in the refund of any previously paid tax, fee, or surcharge.

12. DISPUTE RESOLUTION WITH WANDER BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department. In the unlikely event that the WANDER customer service department is unable to resolve a complaint you may have to your satisfaction (or if WANDER has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, WANDER will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from WANDER to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), WANDER will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what WANDER has offered you to settle the dispute.
Arbitration Agreement
Subject to the “Exclusions” paragraph below, WANDER and you agree to arbitrate disputes and claims arising out of or relating to these Terms, the Services, the Equipment, or marketing of the Services you have received from WANDER. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.
THESE GENERAL TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to WANDER should be addressed to: Legal Department, Wander, Inc., 8695 Washington Blvd. Suite 206, Culver City, CA 90232 (“Arbitration Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or WANDER may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Agreement.
The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.
WANDER SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES FOR CLAIMS OF UP TO $75,000. SUBSCRIBER IS RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT SUBSCRIBER INCURS IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF WANDER UNDER APPLICABLE LAW.
If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act.
The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WANDER ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.
Unless WANDER and you agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of your billing address.
The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual’s claim.
The parties agree that the arbitrator must give effect to the terms of this Agreement.
YOU AND WANDER AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING
Furthermore, unless both you and WANDER agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.
Right to Opt Out. If you do not wish to be bound by these arbitration provisions, you must notify WANDER in writing within 30 days of the date you first subscribes to the Service(s). You may opt out by mail to the Arbitration Notice Address. Your written notification to WANDER must include your name, address, and WANDER account number as well as a clear statement that you do not wish to resolve disputes with WANDER through arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with WANDER or the delivery of Services to you by WANDER.
Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
EXCLUSIONS. YOU AND WANDER AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY YOU OR BY WANDER ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.
(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.
(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
The foregoing arbitration provisions shall survive the termination of this Agreement.
YOU HAVE ONE YEAR TO BRING A CLAIM AGAINST WANDER, UNLESS YOU OPT OUT. Subscriber must bring any claim against WANDER within one (1) year after the date on which the claim arose or, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If you do not bring a claim within this period, you waive, to the fullest extent permitted by law, all rights you have to such claim and WANDER will have no liability with respect to such claim.
You may opt out of this Section, in which case the normal statute of limitations will apply. To opt out, you must notify WANDER in writing by sending a letter to WANDER addressed to Legal Department, Wander, Inc., 8695 Washington Blvd Suite 206, Culver City, CA 90232, within 30 days of the date that you first subscribes to the Service(s). Your written notice must include your name, address, and WANDER account number as well as a clear statement that you do not wish this Section to apply.
This Section shall survive the termination of this Agreement.

13. Operational Limits

Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that WANDER is not liable for such interruptions. In addition, WANDER is not liable for any failure of performance due to any cause beyond their reasonable control including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action, or request by any government, civil, or military authority, or suspension of existing service in compliance with state and/or federal law, rules, and regulations, or delays caused by you or your equipment.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1.  YOUR USE OF THE SERVICE, AND/OR SOFTWARE IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. WANDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT AND ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY NECESSARY REPAIR.

2. WANDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE, AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE, AND/OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AND/OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE, AND/OR SOFTWARE WILL MEET YOUR EXPECTATION, (v) ANY ERRORS IN THE SERVICE, AND/OR SOFTWARE WILL BE CORRECTED AND (vi) THE SERVICE AND/OR SOFTWARE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OF HARMFUL COMPONENTS.


3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WANDER OR THROUGH OR FROM THE SERVICE, AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WANDER NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSES (EVEN IF WANDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE, THE EQUIPMENT AND/OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, AND/OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (INCLUDING THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE, AND/OR SOFTWARE; (f) ANY OTHER MATTER RELATING TO THE SERVICE, AND/OR SOFTWARE; AND/OR (g) BATTERY BACKUP. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

16. Indemnity.

You agree to indemnify and hold WANDER, and its subsidiaries, affiliates, officers, agents, co-branders, licensors, or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of the AUP, or your violation of any rights of another. You acknowledge that you are responsible for all use of the Service using your account, including use by sub accounts, and that this Agreement, the Acceptable Use Policy, and Privacy Policies, as amended from time to time, apply to any and all usage of your account, including use by sub accounts. You agree to abide by these terms and you agree to defend, hold harmless, and indemnify WANDER from and against any and all claims stemming from usage of this account and any sub account – whether or not such usage is expressly authorized by you.

17. Survival

Obligations and rights in connection with this Agreement, which by their nature would continue beyond the termination, cancelation, or expiration of this Agreement, will survive the termination, cancelation, or expiration of the Agreement.
You expressly authorize, and specifically consent to allowing, WANDER and/or its affiliates, outside collection agencies, outside counsel, or any other agents acting by or on behalf of WANDER (collectively, the “WANDER Parties”) to contact you with informational messages regarding your account, including but not limited to contact in connection with any and all matters relating to unpaid past due charges billed by WANDER to you. You agree that such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address including a number for a cellular phone or other wireless device or service (collectively, your “Contact Information”) that you have provided, or may in the future provide, to WANDER or any WANDER Party, or which any WANDER Party otherwise identifies as your Contact Information, and to any and all telephone numbers, wireless devices or electronic addresses billed on your WANDER account. You expressly consent and agree that such contact may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, text messages delivered by an automated system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system, regardless of whether you incur charges as a result. You agree to provide true, accurate, current and complete contact information to WANDER and its authorized agents and to promptly update your contact information to keep it true, accurate and complete.