Internet Terms and Conditions
Effective: April 2019
Thank you for visiting the Viaero Wireless internet sites, which is maintained and facilitated by NE Colorado Cellular, Inc., d/b/a Viaero Wireless. Viaero may be referred to herein as “Viaero,” “we,” “our,” and “us”. References to “you” or “your” includes yourself, your organizations, employees, subsidiaries, affiliates, parents or legal guardians as a Customer or potential Customer of Viaero. You will find a wide variety of resources and information on the internet sites about Viaero’s products, service plans, price points, promotions and advertisements, terms and conditions, and information about third-party products and services offered by Viaero.
By using our internet sites you agree that you are either 18 years old or have consent from a parent or legal guardian, and possess the capability to agree to our Terms. If you are not able to agree to our Terms or you do not have the authority to do so, please discontinue use and access of the internet sites. We encourage you to utilize tools and controls that limit access to content that may be inappropriate for those under the age of 18.
Modifications or Changes to Terms
Viaero retains the right to make changes or remove the internet sites and its content at any time with or without notice. Viaero may periodically modify our Terms and conditions by posting such changes on our internet sites. The changes will be effective immediately. By continuing to use the internet sites once the changes have taken effect, you consent to the new or amended Terms. By agreeing to our Terms, you also agree that Viaero shall not be legally responsible to you or any third-party for any changes or removal of the internet sites.
Personal Data and Security
By submitting your personal information on the internet sites, you consent to provide accurate and complete information, and to notify us of any changes to ensure continued accuracy and completeness. If we determine or have reason to suspect your provided information is inaccurate and/or incomplete, we may restrict or terminate your use of the internet sites. If you need to create an account to use a section of the internet sites, please choose a password that would be difficult for someone else to determine and update your password periodically. Should you choose to create an account on our internet sites, you agree to maintain responsibility for all activity that occurs under the account and responsibility for keeping your account information confidential. Should you discover or suspect unauthorized use of your account, you agree to notify us immediately. Upon notification or suspicion of fraudulent use of your account, Viaero may exercise our right to maintain the security of the internet sites and your account. The exercise of this right can include changing your password, verifying your account information and activities, and discontinuing or suspending your account. Viaero may rely on information provided by persons accessing your account and will not be liable to you for any damages that result from Viaero’s actions or inactions, any compromise of your account’s confidentiality, and any fraudulent use of your account. You are not permitted to use someone else’s account without the account owner’s authorization, a copy of which must be received by Viaero.
Since the security of your personal information is critical to Viaero, we will take reasonable action to ensure its safety. However, we cannot represent, guarantee or warranty that your use of the internet sites will exempt your account information from unauthorized activity. By using the internet sites, you acknowledge and accept that Viaero does not guarantee that the internet sites will not be subjected to security threats, breaches, malware, viruses or other vulnerabilities.
Copyright Permissions and Infringements
By accessing Viaero’s internet sites, you gain access to numerous materials, advertising, information, data, products, and communications (“Content”). A portion of this Content is owned by Viaero and/or our affiliates; however, some of the Content is owned by third parties.
You could be required to download software (“Software”) for access to the internet sites, its services, and Content. The Software could belong to Viaero or one of our suppliers. The internet site’s Content and Software are protected by regulations regarding the use of copyrights, trade secrets, and patents. You are given limited rights subject to these Terms to access the internet sites, its Content, and its Software for your personal use.
Viaero recognizes others’ intellectual property rights. If you suspect that your intellectual property has been copied and posted to Viaero’s internet sites in violation of your copyright, please promptly notify us in writing pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) with the following details:
- A signature of the individual authorized to act on behalf of the copyright’s owner;
- A description of the intellectual property you suspect has been infringed upon;
- A description of where the intellectual property is located on the internet sites;
- A statement from you that you believe the use is not authorized by the copyright’s owner;
- Your phone number, mailing address, and email address;
- A statement from you made under penalty of perjury that all of the above information is accurate and you are either the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit any claims of copyright infringement on our internet sites to the following address: Viaero Wireless, Attn. General Counsel, 1224 W. Platte Ave., Fort Morgan, CO 80701.
Viaero and the third-parties that provide products and services on our internet sites retain ownership of any displayed trademarks, such as the Viaero Logo and the Viaero brand name. Such trademarks are not to be copied or used in complete, partial, or modified form without our prior written consent. Our custom graphics, logos, scripts, page headers, and icons may also not be copied or used in complete, partial, or modified form without our prior written consent. The trademarks, trade names, service marks, company names, logos, and product and service names that are displayed on the internet sites are the intellectual property of their respective owners, who may or may not be affiliated with or sponsored by Viaero. Without our prior written consent, you may not use metatags or other “hidden text” that uses a Viaero trademark, name, or product name or any other third-party trademark found on our internet sites.
Third-Party Services and Products
Third-Party Services and products may be offered and/or provided by Viaero on or through our internet sites. With the exception of Viaero’s brand information, products, and services, Viaero does not control or endorse any information, products, or services on the internet sites. We are not responsible for evaluating or guaranteeing the offerings and content of any third-party. We also do not take any responsibility or liability for the content, actions, and/or products of any third-parties. Please review the conditions of use and privacy policies of any third-party.
Our internet sites may contain links to third-party websites, which are provided as a courtesy. By providing links to third-party web sites, we do not imply endorsement, affiliation, or adoption by use of the web sites’ contents. You assume any potential risks associated with accessing third-party links. Please review any terms, policies, privacy, and data collection methods of each third-party internet sites.
Accuracy of Product and Service Information
By using the internet sites, you agree to immediately notify us if you notice any inaccuracies and comply with any remedial action we may take. We do not guarantee the real-time accuracy, completeness, and reliability of the internet site’s information, product and service descriptions, and miscellaneous content. We will make every reasonable effort to maintain accuracy, completeness, and reliability. However, it is possible that an inaccuracy in a product or service’s price and description may occur. If we determine that there is an inaccuracy, we reserve the right to take any reasonable action to correct the error. This includes the cancellation of orders unless restricted by law. We may make changes and improvements to our content, information, products and services on the internet sites, with or without prior notice.
Online Store Orders
Viaero may put a number of procedures and measures in place in order to prevent fraudulent activities with online orders, including but not limited to, verifying information, placing limits on the amount of ordered equipment and/or services from a single person or entity. We reserve the right to cancel and/or reject future orders based on actual or suspected fraudulent activity.
By using our internet sites, Content, and Software, you agree to abide by all applicable laws and regulations. You also agree to not take any of the following actions: to post, upload, email, distribute, transmit, link, solicit or make any Content available in a way that:
- Violates any law, results in harm to minors, is abusive or harassing, represents defamation or slander, is violent, indecent, lewd, pornographic, libelous, or intrusive, targets ethnicities in an abusive or harassing manner, violates the privacy rights of others, or constitutes any terroristic activity or threat under Section 219 of the US Immigration and Nationality Act.
- Infringes on the intellectual property rights of another person or entity.
- Is deceptive, fraudulent, and/or falsely impersonates or misrepresents any person or entity.
- Removes the Content’s proprietary notices or labels.
- Advertises or promotes illegal substances and/or contraband.
- Involves unsolicited and unauthorized advertising, including SPAM e-mail.
- Contains malware or computer programming code that is designed to cause disruptions and damage to the normal functioning of information systems and networks, or that could cause harm to or interfere with others’ use of the internet sites.
- Uses any robot or automatic programming devices to obtain information from the internet sites or monitor the internet sites, including any programs or devices that gather, mine, download, copy or extract user and usage information for the purpose of selling and/or distributing such information to a third-party.
- Uses any Viaero domain name as a pseudonym for a return e-mail address.
- Represents any offer for unsolicited goods or services, or represents a request for charity, signatures for petitions, chain letters, or pyramid schemes.
- Attempts to circumvent or disable any of the internet site’s digital rights management and/or security methods.
- Duplicates, reproduces, sells, resells, or exploits for commercial purposes the internet sites, access to the internet sites, and/or the internet site’s Content.
- Publishes, publicly performs or displays any of the internet site’s Content without authorized permission. This includes online, broadcast, and print media formats.
- Participates in derivative uses of the internet sites and its Content.
- Frames or uses framing methods to enclose any section of the internet sites.
- Modifies, disassembles, translates, or uses reverse engineering to retrieve the internet site’s source code and/or the source code for the information systems and technology that operates the internet sites. The definition of reverse engineering includes an examination and/or analysis of the internet sites to determine its source code, structure, design, encryption, and algorithm.
General Practices for Use and Storage
By using and accessing the internet sites, you acknowledge that we may implement general usage practices and limits for use and storage. These general practices and limits may include the maximum number of days specific Content remains on the internet sites, the maximum amount of e-mails and maximum size that can be sent or received by a single account from the internet sites, the maximum storage space allocated to your account on our servers, and the maximum number of times and/or consecutive hours you may access your account during a specific time period. By using our internet sites, you consent to allow us to store your electronic communications on our servers, the amount of storage, and timelines provided for the same. You agree that we do not retain any responsibility or liability for deleted electronic communications or for failure to store any of your electronic communications or other transmitted content from the internet sites. You also acknowledge that we reserve the right to remove or terminate and/or periodically modify these general practices and limits.
This internet site is intended for use by individuals located within the United States, unless otherwise stated herein. We do not make any representation that any products and services featured on the internet sites will be available or suitable for use outside the United States or in all locations within the United States, unless specifically set forth in those products and services terms and conditions. If you choose to access our internet sites from outside the United States, you acknowledge that you do this according to your own free will and are responsible for adhering to your local laws and regulations.
Through the use of our internet sites, you agree to and understand the following:
- The internet sites, its Content, Information, services, and Software are provided to you on an “As Is” and “As Available” basis. Your use of the internet sites, its Content, Information, services, and Software are at your own risk. Viaero, its suppliers, affiliates, licensors, related third-parties, and their respective agents, officers, representatives, and employees expressly disclaim all express, statutory or implied warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, the accuracy of data, non-infringement, and title, subject to exclusions of these warranties by applicable law.
- Viaero and our suppliers, affiliates, licensors, related third-parties, and their respective agents, officers, representatives, and employees do not make any warranty that a) the internet sites will conform to your requirements or that any or all Content will be free from malware or will remain secure or free from unauthorized access, b) that the Internet sites will not experience downtime and/or errors, d) the results will be accurate and reliable, and f) any errors on our internet sites or within Software available will be fixed.
- Materials and Content obtained from our Internet sites are done at your own risk, meaning that you will be solely responsible for any damages to your computer, business, or loss of data.
- Any oral and/or written advice obtained by you from Viaero or from our internet sites will not create a warranty agreement between you and Viaero. Advice or information obtained from Viaero or from our internet sites should not be used to make significant financial, medical, legal, business, or personal decisions. Please consult an appropriate professional for these types of decisions.
Security violations caused by or resulting from your use may result in criminal or civil legal action. We may investigate these types of incidents and involve any applicable law enforcement agencies in the investigation. Examples of security violations may include unauthorized access, attempts to bypass or breach security or authentication methods, unauthorized monitoring of data and traffic, service interferences, deliberate overloading of the system or attempts to overload the system, and forging any TCP-IP packet headers, e-mail headers, or message headers. These examples are not representative of all potential security violations.
Viaero reserves the right to strictly enforce these Terms, together with any other Terms and Conditions contained in or attached to these internet sites, but may not assume the obligation of enforcement. This includes enforcing warnings, account suspensions and terminations of internet sites access and/or services, the removal, filtering/screening, or editing of Content, or participating in active investigations, litigations, and prosecutions. We may access, use, and/or disclose information provided by you in order to meet our legal obligations or based on our discretion that such disclosure is needed to enforce or apply our agreements, to start, render, bill, or collect for services, to protect our property and rights, or to protect the users of our services and the internet sites and other persons and entities from fraudulent, abusive, or unlawful activities. Should you or any third-party acting on your behalf attempt to or actually violate the Terms or any related policy, it will be considered a violation of the Terms by you. This includes indirect attempts and/or actual violations.
Limitation of Liability
Under no circumstances shall Viaero, its affiliates, licensors, suppliers, related third-parties and their respective agents, officers, representatives, and employees be held liable for damages of any kind, including any losses related to use, lost profits and/or data, whether brought under any contractual action or otherwise, or in any way through a connection with a) the loss of use of the internet sites, its Content, Software, or electronic transactions; b) claims regarding errors, inaccuracies, and/or omissions related to the internet sites and its Content, Software, information, products, or services; c) costs related to the procurement of substitute goods and services as a result of purchased or obtained products, services, data, information, received messages, or transactions from the internet sites; d) unauthorized access or changes to your data and transactions; e) the statements or behaviors of third-parties on our internet sites; f) performance delays and/or failures due to acts of God, natural disasters, interruptions in communications, acts of government, wars, labor disputes, riots, labor and supply shortages, vandalism, terrorism, non-performance of third-parties, or any other reasons beyond our reasonable control; or g) other internet sites-related matters even if we or our authorized representatives have been informed of the possibilities of damages. Termination of use of the internet sites and its related services is your sole remedy for any dissatisfaction. These limitations of liability may not be applicable to you depending upon relevant laws. If any portions of these limitations are found to be invalid or unenforceable, then our aggregate liability will not exceed Five Hundred Dollars ($500.00).
You hereby agree to indemnify, defend and hold harmless Viaero and its affiliates, licensors, suppliers, related third-parties, and their respective agents, officers, representatives, and employees, from and against all damages, losses, expenses and costs, including reasonable attorneys’ fees, from any third-party related to content you submit, post, upload, or transmit through our internet sites, your use of and connection to the internet sites, any violation of the Terms, or your violation of any applicable laws and another person’s or entity’s rights. This indemnification will survive the termination of your relationship with Viaero and the use of its internet sites. We reserve the right to assume the defense and control of all matters subject to your indemnification, and you agree to cooperate with us in asserting any applicable defenses.
Through your use of the internet sites, you agree that we may immediately terminate or suspend your account, associated e-mail address, and internet sites access, or make password changes to your account without prior notice. Reasons for immediate termination or suspension may include but not be limited to the following: a) violations of these Terms or any other Terms and Conditions; b) requests from government agencies or law enforcement; c) requests made by you or any authorized user on your account; d) termination or changes to the internet sites; e) unforeseen technical or security issues; f) extended inactive periods; or g) your participation in fraudulent or illegal activities.
Termination or suspension of your account could include one or all of the following: a) removal of access to the internet sites; b) password deletion and removal of all content within your account; c) the inability to use or access the internet sites. You agree that any terminations or suspensions related to the causes stated above will be made at Viaero’s sole discretion and that Viaero shall not be held liable to you or a third-party.
Any failure to enforce the rights and provisions of the Terms herein will not constitute a waiver of any rights or provisions that Viaero may have. If any portion of the Terms is determined to be unenforceable, unlawful or void, then that portion will be removed from the Terms, but will not impact the validity and enforceability of any remaining Terms. The Terms will be governed according to the laws of the State of Colorado, without regard to its conflict of law principals. You hereby agree to bring any legal action between yourself and Viaero in a federal or state court within the jurisdiction of Colorado. Courses of conduct or trade practices will not modify any provisions of our Terms. We may assign certain rights and duties to other third-parties at any time without prior notice. You may not assign your rights or duties under these Terms to another party without the prior written consent of Viaero. These Terms do not provide any third-party rights, remedies, or claims. You must file any claims or suits related to the use of our internet sites within one (1) calendar year following the date of incident(s).
How to Contact Us
Please contact us to address any concerns regarding your personal information.
Please mail us at Viaero Wireless, General Counsel, 1224 W. Platte Ave., Fort Morgan, CO 80701 to address any concerns you may have about our privacy practices and policies.