Contract Agreement
Installation Date _____/_____/_____
Installation ID # _____________________
"Wi-Fi" & “Wireless Internet” Terms and Conditions
Welcome to Arkansas Air Waves "Wi-Fi" Hotspots & Wireless Internet. BY USING THE ARKANSAS AIR WAVES SERVICE, YOU AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS ("Terms"). PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE
THE SERVICE. This is an agreement between you and Arkansas Air Waves, Inc. ("Arkansas Air Waves," "we" or "us") for use of wireless local area network
communications ("WiFi" & “Wireless Internet”) services and related services and features (collectively referred to as the "Service"). These Terms supersede all
earlier versions. YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE (SECTION 22), A
CLASS ACTION WAIVER (SECTION 23), AND A JURY TRIAL WAIVER (SECTION 24) AND YOUR USE OF THIS SERVICE IS CONTINGENT ON YOUR
ACCEPTANCE OF THESE CLAUSES. You acknowledge that neither the retail or hospitality establishment nor any employee of Arkansas Air Waves or any other
agent is authorized to make any representation or warranty (other than as described in the Agreement or our current materials) with respect to the Agreement, the
Service or to waive or modify any terms or provisions of the Agreement.
1.Acceptance of Agreement by Use/Modifications. BY YOUR ELECTRONIC AND OR WRITTEN ACCEPTANCE OF THESE TERMS OR BY YOUR USE OF
THE SERVICE YOU ARE ACCEPTING THE TERMS, CONDITIONS AND PRACTICES DESCRIBED IN THESE TERMS. IF YOU DO NOT AGREE TO THESE
TERMS, PLEASE DO NOT USE THE SERVICE AND EXIT IMMEDIATELY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE RESERVE THE RIGHT TO
MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF
CHANGES TO THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO
CHANGES TO OUR TERMS WILL APPLY RETROACTIVELY. Your electronic acceptance of the Agreement shall have the same force and effect as if you had
actually signed the Agreement under the Electronic Signature Act.
2. Wi-Fi Compatible Router Device. You must have a WiFi or Wireless compatible router device, e.g. a computer with a wireless card, a Wi-Fi enabled
Smartphone, etc., ("Device") in order to access and use the Service. Arkansas Air Waves, Inc. will provide a leased router for this service. Availability and
performance of the Service is subject to all memory, storage and other limitations in the Device. Arkansas Air Waves, Inc. will ensure this device is compatible
with your service. If you have your own Device ( Router ), Arkansas Air Waves, Inc. will attempt installation, however, we cannot guarantee that your device will be
100% Compatible with our service. Any Service Call resulting in service down time related to equipment not provided by Arkansas Air Waves, Inc. will be billed at
$50.00 ( Fifty Dollars and no 100’s ) and a Rate of $ 25.00 ( Twenty Five dollars ) per hour for each event.
3. Service Availability. The Service is only available at designated Arkansas Air Waves Coverage Area locations. The Service is available to the Device/Router
only when it is within the operating range of our system. Arkansas Air Waves, Inc. locations and are subject to change at any time without notice. Actual Service
coverage, speeds, locations and quality may vary. The Service is subject to unavailability, including emergencies, third party service failures, transmission,
equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. We
are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or
communications services or networks (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in
our sole discretion to protect users, our network or our business. Network speed is an estimate and is no indication of the speed at which your Device/Router or
the Service sends or receives data. Actual network speed will vary based on Device/Router configuration, compression, distance, network congestion, interference
and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We may, but do not have to, change or improve
the Service.
4. Use of Service. You are receiving a single user account solely for your use of the Service through one Device per login session. You agree not to resell or
attempt to resell any aspect of the Service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Service
simultaneously through multiple units or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party
breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific
IP or other address, log-in name, or password that you use on the Service. We may change your address, log-in name or password at any time. We will assign you
an IP address each time you access the Service, and it may vary. You shall not program any other IP address into your Device. If applicable, you may not assign
your log-in name, password or IP address to any other person or Device. You agree that we may access your Device and information stored on it (such as drivers,
software, etc.) to troubleshoot issues related to the Device or network; enable, operate and update the Service and software; investigate activity that may be in
violation of the Agreement; or to comply with law.
5. Unacceptable Use. You agree not to use or attempt to use the Service or the Arkansas Air Waves, Inc. network for any fraudulent, unlawful, harassing or
abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are
not limited to: (a) violating any applicable law or regulation; (b) posting or transmitting content you do not have the right to post or transmit; (c) posting or
transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; (d) posting or transmitting content that
is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortuous, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as
determined in our sole discretion; (e) attempting to intercept, collect or store data about third parties without their knowledge or consent; (f) deleting, tampering with
or revising any material posted by any other person or entity; (g) accessing, tampering with or using non-public areas of the Service, Arkansas Air Waves
computer systems and network or any Arkansas Air Waves website; (h) attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures; (i) attempting to access or search the Service, the Arkansas Air Waves network or any Arkansas Air Waves website with any
engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web
browser; (j) sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "spam", "chain
mail" or "junk mail"; (k) using or attempting to use the Service, the Arkansas Air Waves network or any Arkansas Air Waves website to send altered, deceptive or
false source-identifying information; (l) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making
up a part of the Service, the Arkansas Air Waves network or any Arkansas Air Waves website or attempting to bypass any measures we may use to prevent or
restrict access to the Service; (m) interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to
the Service, the Arkansas Air Waves network or any Arkansas Air Waves website, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service,
the Arkansas Air Waves network or any Arkansas Air Waves website; (n) impersonating or misrepresenting your affiliation with any person or entity; (o) using the
Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "Ponzi
schemes", unregistered sales of securities, and securities fraud; or (p) excessively high volume data transfers or bandwidth consumption, hosting of a web server,
internet relay chat server or any other server, using any robot, spider, scraper or other similar means through the Service, and any other non-traditional end user
activities.
6. Arkansas Air Waves Rights and Remedies. If we suspect violations of any of these Terms, we may: (i) institute legal action, (ii) immediately, without prior
notice to you, terminate your access to the Service, and (iii) cooperate with law enforcement authorities in investigating or bringing legal proceedings against
violators. You agree to reasonably cooperate with us in investigating suspected violations. Arkansas Air Waves reserves the right to install, implement, manage
and/or operate one or more software, monitor or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or
violations of these Terms, including but not limited to any of the activities described in Section 5. We may, but are not obligated to, in our sole discretion, and
without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or
potential violations of the restrictions set forth in these Terms, including but not limited to those activities described in Section 5 and any other activities that may
subject Arkansas Air Waves or its customers to harm or liability. Arkansas Air Waves disclaims any and all liability for any failure on its part to prevent such
materials or information from being transmitted over the Service and/or into your Device.
7. Content Disclaimer: Cautions and Restrictions. We do not control, nor are we responsible or liable for, data, content, services, or products (including
software) that you access, download, receive or buy via the Service. The Internet may provide access to content you consider harmful to minors, or otherwise
offensive or inappropriate. We are not responsible for blocking your access to such content. We may, but do not have to, block information, transmissions or
access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be
deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third party content accessed
through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics,
data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party
vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or
purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal
information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party
provider policies, or their compliance with them. If you elect to download into your Device or otherwise enable any software, including any "client" designed to
facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged,
accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
8. Term; Termination of Service. The standard agreement term is for 1 ( One ) Year. The Agreement begins on the date the Service is first used or is otherwise
deemed to have been accepted as provided in Section 1 above and will continue until terminated by you or us in the manner provided in the Agreement. If you
breach these Terms, we may suspend or terminate your Service immediately without prior notice (except to the extent prohibited by law). Our remedies hereunder
are not exclusive but are in addition to all other remedies provided by law. Should you account be terminated for any reason, contract violation or non payment,
you must correct all restrictions and/or make all payments due and pay a additional $ 25.00 reconnect fee.
9. Your Account. You understand that you may need to create an account to use this Service. In consideration of your use of the Service, you will: (a) provide
true, accurate, current and complete information about yourself and your business as prompted by the Service registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete or Arkansas Air Waves has reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Arkansas Air Waves has the right to suspend or terminate your account and refuse any and all current or future use of the Service. You are entirely
responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under
your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are
responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide
user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process,
orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information
will be able access your account so you should take reasonable steps to protect this information.
10. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS
FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE
DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR
AFFILIATES ("ARKANSAS AIR WAVES AFFILIATES") WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE
THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. IF
APPLICABLE STATE LAW DOES NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THE RELEVANT PORTIONS OF THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. ARKANSAS AIR WAVES, INC. WILL MAKE A BEST EFFORT TO PROVIDE SERVICE TO YOUR LOCATION
WITHOUT DELAY, HOWEVER, SOME RESTRICTIONS AND OUTAGES MAY INTERUPT SERVICE DUE TO ARKANSAS AIR WAVES, INC. CONTROL. IN
THIS CASE ARKANSAS AIR WAVES, INC. WILL RESTORE SERVICE AS SOON AS POSSIBLE AS PROVIDED BY OUR 3 RD PARTY SUPPLIERS AND UP
LINE FEEDS.
11. Limitation of Liability. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES
WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO
UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE
INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED
BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF
OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF ARKANSAS AIR WAVES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE
AGREEMENT FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE
SERVICE OR DEVICE, SHALL BE TO RECOVER THE GREATER OF ANY AMOUNTS PAID TO ARKANSAS AIR WAVES OR TWENTY FIVE DOLLARS
($25.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE AGREEMENT WILL NOT ENLARGE OR EXTEND THE
LIMITATION OF MONEY DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO ANY VENUE PARTNER WHERE THE SERVICE IS USED. EXCEPT TO THE
EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 90 DAYS OF THE DATE THE CLAIM ARISES.
12. Force Majeure. Neither Company nor you shall be responsible for damages or for delays or failures in performance caused in whole or in part from acts or
occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil
commotion or acts of civil or military authorities or public enemy’s: any law, order, regulation, ordinance, or requirement of any government or legal body or any
representative of any such government or legal body; equipment or facility failure, network problems, interference, lack of coverage or network capacity, or labor
unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or
acts or omissions of other common carriers.
13. Indemnification. You agree to defend, indemnify and hold us, any underlying carrier or network provider, any venue providing the Service and any Arkansas
Air Waves Affiliates harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or a Device
or your violation of the Agreement. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims
hereunder and those incurred in establishing the applicability of this section.
14. Release. In the event that you have a dispute with any person or entity through your use of the Service or you have a dispute with the venue where you are
accessing this Service, you release Arkansas Air Waves (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
15. Privacy and Security. Wireless systems use radio channels to transmit voice and data communications over a complex network. Privacy cannot be
guaranteed, and we are not liable to you or any other party for any lack of privacy you experience while using the Service. If you use the Service in a public
location, you understand that others may be able to see and observe your use of the Service. We have the right, but not the obligation to monitor, intercept
and disclose any transmissions over or using our facilities, and to provide account or use records, and related information under certain
circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or other information, in good faith reliance on legal
process, if required by law or to protect our rights, business, network, customers or property). You acknowledge that the Service is inherently not secure
and that wireless communications can be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with
respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result
from your use of the Service. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your
situation and intended use of the Service. We strongly encourage and support certain customer-provided security solutions, such as virtual private networks,
encryption and personal firewalls, but do not provide these to our users and are not responsible for their effectiveness.
16. Assignment. We may assign in whole or in part our rights or duties under the Agreement without prior notice to you and upon such assignment we shall be
released from all liability hereunder. You may assign the Agreement only with our prior written consent. Subject to this restriction, the Agreement shall inure to the
benefit of and be binding upon the heirs successors, subcontractors, and assigns of the respective parties.
17. Severability. All terms and provisions of these Terms are independent of each other. If any term or provision of these Terms is held to be inapplicable or
unenforceable, then: (a) such term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining
in full force and effect, (b) the Agreement will not fail its essential purpose and (c) the balance of the terms and provisions shall remain unaffected and in full force
and effect, unless our obligations hereunder are materially impaired, in which event we reserve the right to terminate the Agreement.
18. Entire Agreement/Miscellaneous. The Agreement represents the final and entire agreement between you and us regarding the Service. Electronic images of
the Agreement will be considered originals. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or
relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and
maintained in printed form. You acknowledge that you have not relied on any other representations not specifically included in the Agreement. If we don't enforce
our rights under any of the provisions of the Agreement, we may still require strict compliance in the future. You represent that you are of legal age and have the
legal capacity to enter into the Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into the Agreement and
agree to be personally liable for all accounts if you are not so authorized.
19. Survival. The following provisions, and any other provisions which may reasonably be construed as surviving, and the rights and obligations of the parties
thereunder, shall survive any termination of the Agreement for any reason: Sections 1, 6, and 8-25.
20. Other Agreements or Warranties. Other Arkansas Air Waves services (such as cable television service, voice or data telecommunication services) or
products come with separate written terms or conditions, and warranties that govern their use or purchase. Please see those other agreements or warranties for
your rights and duties regarding their use, if applicable.
21. Choice of Law/Venue. Any claim relating to, and the use of, this Service and the materials contained herein is governed by the laws of the state of Arkansas.
You consent to the exclusive jurisdiction of the state and federal courts located in the state in which you use the Service.
22.Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF
COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS
SECTION IS INTENDED TO BE INTERPRETED BROADLY TO ENCOMPASS ALL DISPUTES OR CLAIMS ARISING OUT OF OUR RELATIONSHIP. YOU
AND ARKANSAS AIR WAVES AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION OR ANY OTHER LEGAL THEORY), RELATING TO OR ARISING OUT OF YOUR RELATIONSHIP WITH ARKANSAS AIR WAVES,
IRRESPECTIVE OF WHETHER ARISING PRIOR TO OR AFTER THIS OR ANY OTHER AGREEMENT, INCLUDING CLAIMS, DISPUTES, OR
CONTROVERSIES ARISING UNDER FEDERAL, STATE, OR LOCAL STATUTE, ORDINANCE, OR REGULATION, OR AS RELATES TO THIS AGREEMENT
INCLUDING ANY OF ITS COMPONENTS, THE SERVICES OR EQUIPMENT PROVIDED BY ARKANSAS AIR WAVES OR ANY ORAL OR WRITTEN
STATEMENTS, ADVERTISEMENTS, REPRESENTATIONS OR PROMOTIONS RELATING TO THIS AGREEMENT OR TO THE SERVICES OR EQUIPMENT
(COLLECTIVELY, "CLAIM") SHALL BE RESOLVED THROUGH BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, EXCEPT THAT
ARKANSAS AIR WAVES MAY CHOOSE TO PURSUE CLAIMS IN COURT IF THE CLAIMS RELATE SOLELY TO THE COLLECTION OF ANY DEBTS YOU
OWE US. All arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the
American Arbitration Association ("AAA"). The AAA shall appoint the arbitrator. The party initiating arbitration shall give notice to the other party by
mailing a copy of the request for arbitration to the other party at the addresses on the Service Order. Arbitration must be initiated by You within one
(1) year of the date of the occurrence of the event or facts giving rise to the dispute (except for billing disputes which must be initiated within thirty (30)
days). You waive any claim not filed in accordance with the previous sentence. All parties to the arbitration must be individually named and there
shall be no right or authority for any claims to be arbitrated or otherwise tried on a class action or consolidated basis or through a representative. The
arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or
class proceeding. An arbitrator may not award relief in excess of or contrary to what this Agreement provides or award punitive damages or any other
damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute
and may order injunctive or applicable declaratory relief. Arbitration of claims will be conducted in such forum and pursuant to such laws and rules
related to commercial arbitration in the state where you used the service that are in effect on the date of the notice to arbitrate.
23.CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST
EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE
ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN
CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND
YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS
COURT.
24. JURY TRIAL WAIVER. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING
ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
25. Digital Millennium Copyright Act ("DMCA") Notice. In operating the Service, we may act as a "services provider" (as defined by DMCA) and offer services
as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored,
accessed or otherwise made available using the Service. Arkansas Air Waves has in place certain policies and procedures regarding allegations of copyright
infringement occurring on the Service. These policies and procedures, as applicable, are found at http://www.arairwaves.com.
Contract Agreement #: 1001
Payment Amount: $ __________________
Installation Date: ______ / _______ / _______
Check # _______________
CC
Cash
Acc # _________________________________
Contract Agreement #: 1001
Contract Agreement
Name: ______________________________________________
Type of Installation:
House
Apartment
Mobile Home
Service Address: ______________________________________
Mount:
Pole
Wall
Other
City: ________________________________________________
Residence:
Own
Rent
Roof
Zip: _________________________________
Lanlord’s Name:
___________________________________________
Contract Term: ________________________________________
Lanlord’s Phone:
___________________________________________
Installation Amount: ____________________________________
Desired Package
Discount Payment: _____________________________________
Basic
$ 14.99
512 K Package
Cash Payment: ________________________________________
Ultra-Lite
$ 24.99
1 MB Package
Check Payment: ______________________ CK #: ____________
Lite
$ 34.99
2 MB Package
Visa Payment: _________________________________________
Enhanced
$ 44.99
3 MB Package
Name on Card: ________________________________________
Super
$ 54.99
4 MB Package
Address on Card: ______________________________________
Deluxe
$ 64.99
5 MB Package
City on Card: _________________________________________
Premium
$ 74.99
6 MB Package
State / ZIP: _____________ / _____________________________
Silver
$ 84.99
7 MB Package
Exp. Date on Card _________ / ________
Gold
$ 94.99
8 MB Package
Other Packages
$ _________
________________________
State: ________
VFCODE _________
Phone Number: ( _________ ) __________ - ________________
Alt Phone:
( ______ ) ______ - _________
e-mail address : ____________________________________________
Drivers Lic or SSN: __________________________________________
Nearest Relative:
__________________________________________
Date of Installation ( _____ / _____ / _____ ) 
Relative Phone:
__________________________________________
Installation dates are approximate. Should Arkansas Air Waves not be able to install your service within 30 days you will have the option to receive a full refund of
the installation price or a Reschedule Date. All Equipment will be provided to you and will be property of Arkansas Air Waves. Should any Arkansas Air Waves
Equipment be damaged by Lightning, Wind or any other Act of GOD, we will repair or replace as necessary. Any Damage caused in any form by Individuals or
any entity working for the owner of the property or renter of the said property will be charged Equipment Replacement and or Repair Costs as well as Labor
Charges. Packages and Prices subject to change without notice until your installation is complete.
Signature: ________________________________________________
Date:
__________ / __________ / __________
IP Address: ____ . ____ . ____ . ____
Tower Location: __________________________
Device: __________________________
Subnet:
Mac Address:
Gateway:
Installer:
____ . ____ . ____ . ____
__________________________
___________________________ Installer Signature _______________________________
____ . ____ . ____ . ____