THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AND CLASS ACTION WAIVER. Please read this carefully. It affects your rights. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF SearchBroadbandNow SERVICES. WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN COURT.

1. Purpose

These Terms and Conditions (the “Terms and Conditions” or “Terms”), together with our Privacy Policy, state the terms under which You (“You,” “you,” “your,” “user”) may use this website (the “Site”) and by which SearchBroadbandNow, LLC, our affiliates, and all of our brand names and branded services (collectively “SearchBroadbandNow,” “we,” “our,” “us”) provide our services (“Services” or “services”) to You (collectively, the “Agreement”). Please read this page carefully. By using this Site, our Services, and consenting, where required by law, to receive mobile marketing texts and calls, You agree to be bound by all the Terms set forth herein. If You do not accept these Terms and Conditions, please do not use this Site or the Services.

2. Copyright

The contents of this Site, such as text, graphics, images, and other content (the “Site Content”) are protected by copyright under United States law. These Terms and Conditions do not grant You any license whatsoever to the Site Content. We authorize You to view and download a single copy of the Site Content for Your non-commercial personal use. Unauthorized use of the Site Content violates copyright and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Content on any copy of such material. Except as expressly provided herein, You may not sell or modify our Site Content or reproduce, display, distribute, or otherwise use the Site Content in any way for any public or commercial purpose. Use of the Site Content on any other site or in a networked environment is prohibited. We retain all intellectual property rights in the Site Content.

3. Trademark

Unless otherwise noted, the trademarks, names, and logos displayed on the Site belong to SearchBroadbandNow or are licensed to them. Unless provided for in these Terms and Conditions, you are strictly prohibited from using these marks. Occasionally, we may make fair use of third-party trademarks on this Site that we do not claim ownership of.

4. User Submissions

We welcome Your reviews and comments. However, You acknowledge that if You send Us any reviews, comments, suggestions, ideas, notes, concepts, or other information (collectively, the “Information”), You grant Us the irrevocable, perpetual right to use, alter, publish, or delete the Information for any purpose whatsoever without compensation to You or the provider of the Information. Notwithstanding, We disclaim all liability for reviews and comments posted by users on the Site. As a user of this Site, You are responsible for Your own communications. Therefore, do not do any of the following things:

• transmit to us any material that is copyrighted unless you are the owner of the copyright or have received permission from the owner;
• send any material that reveals trade secrets unless you own them or have permission from the owner;
• refrain from sending any material that infringes on the intellectual property rights, privacy, or publicity rights of others;
• send any material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other user or person/entity;
• intentionally or unintentionally violate any local, state, or federal laws or encourage others to do so;
• attempt to breach the security of the Site;
• send advertisements or solicitations of business;
• send chain letters or pyramid schemes, or
• impersonate another person.

If you violate these Terms and Conditions or the law, we have the right to expel you and prevent you from accessing this Site. Your violation of any of these Terms and Conditions will immediately revoke your right to access or use the Site or Site Content. You must also destroy any copies of the Site Content you possess. The customer reviews on this Site come directly from former or current home services customers and are not paid for.

We publish full and complete reviews without alteration, except to remove personally identifying information. We may choose not to publish reviews containing inappropriate or irrelevant content, and we are not responsible for any reviews or comments posted on this Site. The opinions, views, or commentary expressed in the testimonials on this Site are strictly those of the reviewer and do not represent our views.

5. Product and Service Rankings

The Site contains a forum to access product and service recommendations through its rankings. These rankings are provided for your convenience and represent the Site’s opinion based on subjective and objective criteria. Please conduct your own research before engaging any company, regardless of their listing. The Site, including its members, managers, officers, directors, employees, or affiliates, cannot be held liable for any statements, representations, errors, omissions, descriptions, comments, or opinions posted. The Site makes no representation or warranties as to the accuracy or factual basis of the Rankings.

The rankings are updated weekly, but the evaluation process is continually developing and subject to change. The Site is a private company and receives compensation from several companies it ranks. Information on this Site is for general educational and informational purposes and not intended to be legal or other expert advice, recommendations, or services.

The information provided should be used outside of consultation with qualified professionals to meet your individual needs. You assume the entire risk regarding the accuracy, completeness, currency, validity, and quality of any information provided on this Site. While the information and recommendations contained on this Site have been compiled from sources believed to be reliable, the Site makes no guarantee as to the correctness, sufficiency, or completeness of any such information or recommendations.

The Site has no control over and does not warrant in any way that prices, taxes, products, or descriptions provided by sellers, service providers, or other third parties, or any other content on this Site are accurate, complete, reliable, current, or error-free. The Site does not have any responsibility for, or liability related to, any products and services listed on this Site. Any questions, complaints, or claims related to any product or service should be directed to the appropriate seller or provider. The Site is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on the information you receive as a Site user. Any information on the Site can change without notice.

6. Limitation of Liability

PLEASE NOTE THAT SearchBroadbandNow CANNOT GUARANTEE THAT THE SITE, SITE CONTENT, OR SERVICES WILL OPERATE WITHOUT ERROR OR BE FREE FROM HARMFUL COMPUTER VIRUSES OR OTHER MATERIALS. IF USING THE SITE, SITE CONTENT, OR SERVICES RESULTS IN ANY COSTS OR EXPENSES, INCLUDING THE NEED FOR EQUIPMENT OR DATA REPLACEMENT, OR SERVICING, SearchBroadbandNow IS NOT RESPONSIBLE FOR THESE EXPENSES. PLEASE BE AWARE THAT THE SITE, SITE CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND AT YOUR OWN RISK, WITHOUT ANY WARRANTIES OF ANY KIND. SearchBroadbandNow, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PLEASE NOTE THAT WE AIM TO PROVIDE ACCURATE AND THOROUGH MATERIALS ON OUR SITE, BUT WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

7. Disclaimer of Consequential Damages

SearchBroadbandNow, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE OR THE SERVICES SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THIS APPLIES TO THE USE OR INABILITY TO USE MATERIAL, ADVICE, GUIDANCE, OR SERVICES ON THIS SITE (OR SITES LINKED TO THIS SITE) AND THE SERVICES. THIS IS REGARDLESS OF THE LEGAL THEORY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Links

This website and its services feature links to websites owned by third parties. These links are provided for your convenience and do not signify our endorsement of the content on those sites. We are not responsible for the content of any linked sites and do not make any representations about the accuracy or content of materials on those sites. If you choose to visit any third-party sites using links from this site or our services, you do so at your own risk.

9. Indemnity

By using this Site or the Services, You agree to defend, indemnify, and hold harmless SearchBroadbandNow and its Partners from and against any and all losses, claims, damages, costs, and expenses (including reasonable legal and accounting fees) that We may become obligated to pay arising or resulting from Your use of the site, the Site Content, and the Services, or Your breach of these Terms and Conditions. We reserve the right to assume or participate, at Your expense, in the investigation, settlement, and defense of any such action or claim.

10. SEVERABILITY

IF ANY PART OF THIS AGREEMENT IS NOT ALLOWED OR CANNOT BE ENFORCED IN A CERTAIN AREA, IT WILL ONLY BE INEFFECTIVE IN THAT SPECIFIC AREA WITHOUT AFFECTING THE REST OF THE AGREEMENT. ADDITIONALLY, ANY ISSUES WITH THE ENFORCEABILITY OF A PROVISION IN ONE AREA WILL NOT AFFECT ITS ENFORCEABILITY IN ANY OTHER AREA.

11. TELEMARKETING AND EMAIL CONSENT

WHEN YOU USE THIS WEBSITE OR OUR SERVICES AND PROVIDE YOUR EMAIL OR PHONE NUMBER, YOU AND ANY OTHER USER OF THOSE CONTACT INFORMATION AGREE TO RECEIVE MARKETING EMAILS, PHONE CALLS, AND SMS MESSAGES THROUGH AUTOMATED TECHNOLOGY, AS WELL AS PRE-RECORDED AND ARTIFICIAL VOICE MESSAGES FROM SearchBroadbandNow, ITS AFFILIATES, AND ITS BRANDED SERVICES AT THE PROVIDED EMAIL AND PHONE NUMBERS. YOUR CONSENT IS NOT NECESSARY FOR MAKING PURCHASES. BY USING OUR SERVICES, YOU ALSO ACCEPT OUR TERMS AND CONDITIONS AND OUR PRIVACY POLICY.

12. GOVERNING LAW AND JURISDICTION

The rules and regulations outlined in this agreement and any disagreements or complaints related to it, including those that are not contractual, are subject to the laws of the State of Utah. The state or federal courts in Salt Lake City, Utah, will be the only places where any disputes related to this agreement can be resolved. No waiver of any of these conditions will be considered as a waiver of any other terms.

13. ENTIRE AGREEMENT

These Terms and Conditions govern Your use of this Site and constitute the complete agreement between You and Us, except for any other agreements that may be expressly provided elsewhere on our Site. Any prior agreements regarding this subject matter are superseded by these Terms and Conditions.

14. CHANGE TO THE TERMS AND CONDITIONS

These Terms and Conditions may be changed at any time, with or without notice, at our discretion. By continuing to use our Site or Service, or by not withdrawing your consent to receive marketing messages, you agree to these modified Terms. If there are significant changes, we will notify you if required by law. We may notify you by email, posting on our websites, or other methods consistent with the law.

15. BINDING ARBITRATION, CLASS ACTION WAIVER

PLEASE TAKE NOTE THAT THIS AGREEMENT STATES THAT IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND US, THEY WILL BE RESOLVED THROUGH BINDING ARBITRATION AND NOT THROUGH THE COURT SYSTEM OR A JURY TRIAL. BY AGREEING TO THIS, YOU ARE GIVING UP YOUR RIGHT TO ACT AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING THE RIGHT TO CLASS ARBITRATION OR THE CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. THIS IS IN ACCORDANCE WITH THE FULLEST EXTENT PERMITTED BY LAW.

The purpose of this arbitration agreement is to include all claims made under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. It is important to note that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement and will dictate whether a dispute is subject to arbitration. The American Arbitration Association’s Consumer Arbitration Rules will be followed unless you and we agree otherwise in writing. The arbitrator(s) must abide by the terms and limitations in this agreement and can award damages and relief (including attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

IT IS IMPORTANT TO NOTE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE BOTH WAIVING OUR RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. This agreement does not permit class arbitrations, even if the procedures or rules of the AAA would allow it. The arbitrator(s) may not consolidate more than one individual party’s claims with any other party’s claim and may not preside over any form of a representative or collective proceeding.

Notwithstanding Section 10 (Severability,) if any term of this Section 15 is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

16. MOBILE MARKETING TERMS

Section 15 of these Mobile Marketing Terms outlines the process for subscribing to receive marketing texts and calls from SearchBroadbandNow and its affiliates. To opt in, you must provide prior express written consent through a text message or online form.

You may also view a complete list of SearchBroadbandNow affiliates and associated brands at https://www.searchbroadbandnow.com/. By consenting to receive mobile marketing texts and calls, you agree to receive recurring automated promotional and personalized marketing texts and calls to your mobile phone.

You may receive these messages from SearchBroadbandNow, its affiliates, and associated brands, and they may be sent using an automatic telephone dialing system. Although consent to receive automated marketing text messages is not a condition of purchase, message frequency may vary, and SearchBroadbandNow reserves the right to alter the frequency of messages sent at any time.

If you deactivate or reassign your mobile phone number to another user, you must notify SearchBroadbandNow. To revoke your consent to receive mobile marketing texts and calls, simply text STOP to (866) 217-6688. It’s important to note that revoking your consent does not opt you out of other means of communication, and SearchBroadbandNow may still send or make mobile marketing texts or calls that are permitted by law.