Broadbandnow.com Terms of Service
Thank you for using BroadbandNow.com. This Terms of Service agreement (“Agreement”) governs your use of the BroadbandNow.com website, which has been made available to you by Centerfield BBN LLC (“Centerfield BBN”), a Delaware limited liability company and the owner of BroadbandNow.com.
By using this website, you (“User” or “You”) expressly agree to be bound, without modification, to this Agreement, so please read them carefully to decide if you will continue using this website. If you do not or cannot agree to be bound to this Agreement, you cannot use BroadbandNow.com.
We reserve the right to change this Agreement at any time, at our sole discretion. If we make any changes, we will notify you by posting the changes here. You are responsible for reviewing any changes to the Agreement. Your continued use of the website after posting of changes to the Agreement is your acceptance to the modified Agreement. The Agreement was last modified on Oct 8th, 2018.
The BroadbandNow.com Website and Content
You have access to use BroadbandNow.com for educational and informational use, such as to obtain information regarding third party providers including providers of internet service. BroadbandNow.com and Centerfield BBN do not provide internet service.
This site contains information regarding the services of third party providers. Centerfield BBN may be compensated by some of the third party providers for listing the information.
This site may link to other websites. Links are not an endorsement of the products or services available at the other websites. Centerfield BBN has no responsibility or control of content on the linked websites.
From time to time, Centerfield BBN will modify, change, or upgrade the functionality or appearance of BroadbandNow.com, including removal of functionality or content, without notice.
This site is not providing financial, legal, business, technical, or other professional advice.
Centerfield BBN makes every commercially reasonable attempt to manually gather relevant information helpful towards making a purchase of internet and other home services. However, because Centerfield BBN does not control the information, and internet providers may change their services, features, and pricing structures at any time, Centerfield BBN cannot and will not be held responsible for any discrepancies in pricing or other information between what is stated on BroadbandNow.com and anywhere else where you find information regarding internet service, including the website of the internet providers themselves. Always verify plans, pricing, contact details, and other relevant information with the internet provider before starting service.
BroadbandNow.com is the property of Centerfield BBN, and contains information, graphical elements, and data that are protected by copyright, trademark, trade secret, and other intellectual property laws. You agree to abide by all copyright notices and trademark restrictions.
Subject to the terms of this Agreement, Centerfield BBN grants you a non-transferable, non-assignable, limited, non-exclusive, revocable license to use BroadbandNow.com only as permitted in this Agreement.
You retain all intellectual property rights, including copyrights, over your written and other content uploaded or posted to the BroadbandNow.com website (“User Content”), such as content posted as comments to blog posts, content posted as customer reviews, or content submitted to forms.
You grant Centerfield BBN a non-exclusive, world-wide, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, index, and create derivative works from your User Content in any media now existing or hereinafter devised.
Restrictions on Your Use of BroadbandNow.com
You may not and may not allow others to:
- Use BroadbandNow.com to violate the CAN-SPAM Act or the laws of any applicable jurisdiction;
- Use BroadbandNow.com to abuse, defame, harass, threaten, or post illegal content, or cause any such content to be posted;
- Use BroadbandNow.com to transmit a virus, Trojan horse, worm, hack, or any harmful content; or
- Use BroadbandNow.com to post content that infringes upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, or cause any such content to be posted.
- Reverse engineer, decompile, disassemble, or otherwise derive the source code from BroadbandNow.com;
- Alter, modify, adapt, reconfigure, or prepare derivative works of BroadbandNow.com;
- Copy, extract, scrape, summarize, distribute, or otherwise use BroadbandNow.com in any manner which competes with or substitutes for Centerfield BBN’s distribution of BroadbandNow.com to its customers; or
- Use a VPN, IP address changing software, or any other method to circumvent BroadbandNow.com’s data protection tools.
Centerfield BBN may restrict or ban Users (specifically, the IP addresses of Users or by other methods) from using BroadbandNow.com, and thereby terminate their license under this Agreement, for violating these restrictions, at Centerfield BBN’s sole discretion.
BroadbandNow.com User Content
You may contribute content to BroadbandNow.com in the form of blog comments and consumer reviews. The comments feature is intended to facilitate an educational and informative conversation. Such conversations are not a substitute for professional advice, and do not make you a customer or client of BroadbandNow.com or Centerfield BBN. The customer review feature is intended to provide unbiased and un-manipulated ratings from real users of internet provider services, by providing reviews by customers actually located in the areas serviced by that internet provider.
If you contribute comments or reviews, you agree to the following rules:
- You will not submit spam, including promotions or advertisements for other products and services.
- You will not use the comment section or review feature to abuse, defame, harass, threaten, or post illegal content, including hate speech and pornography.
- You will only post content that you own or have a license to post, and you will not post content that infringes on a copyright or trademark.
- You will only review an internet provider you have actually used.
- Centerfield BBN may moderate, edit, or delete comments and reviews at any time, at our sole discretion.
- Centerfield BBN may ban comment or customer review authors at any time, at our sole discretion.
Our Warranties and Disclaimers.
TO THE EXTENT ALLOWED BY LAW, CENTERFIELD BBN DOES NOT MAKE ANY WARRANTY REGARDING BROADBANDNOW.COM, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE INFORMATION, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH BROADBANDNOW.COM.
BROADBANDNOW.COM IS LICENSED TO USER “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, AND CENTERFIELD BBN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE MATERIALS, SOFTWARE, CONTENT, INFORMATION, PRODUCTS, OR SERVICES WHICH ARE PART OF OR DISCLOSED ON BROADBANDNOW.COM; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY THAT BROADBANDNOW.COM WILL ALWAYS BE AVAILABLE, ERROR-FREE, ACCESSIBLE, TIMELY, OR SECURE.
Limitations of Liability
IN NO EVENT WILL CENTERFIELD BBN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY BROADBANDNOW.COM, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE INFORMATION, OR ANY ERRORS OR OMISSIONS IN BROADBANDNOW.COM, EVEN IF CENTERFIELD BBN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY OF CENTERFIELD BBN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, HACKING, TAMPERING, UNAUTHORIZED USE, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF BROADBANDNOW.COM, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE BROADBANDNOW.COM, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO CENTERFIELD BBN BY OR ON BEHALF OF USER IN CONNECTION WITH BROADBANDNOW.COM IN THE THREE (3) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS MORE. YOU AGREE THAT QUANTIFYING DAMAGES WOULD BE INHERENTLY DIFFICULT, AND STIPULATE THAT THE AGREED UPON SUM IS NOT A PENALTY, BUT IS A REASONABLE MEASURE OF DAMAGES. IF YOU ARE A RESIDENT OF OR LOCATED IN CALIFORNIA, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES THAT GENERAL RELEASES DO NOT EXTEND TO CLAIMS THAT YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY YOU, MUST HAVE MATERIALLY AFFECTED YOUR SETTLEMENT WITH THE DEBTOR.
CENTERFIELD BBN DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY DATA, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH BROADBANDNOW.COM, INCLUDING BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT OR THE INFORMATION. USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH DATA, OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT USER’S SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW FOR SOME OF THE LIMITATIONS OR EXCLUSIONS AS SET FORTH HEREIN. USER MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Your Warranties and Indemnification.
You represent and warrant that you will not use this website to post content that infringes upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, or to post content that is in violation of any laws or regulations of any applicable jurisdictions. You agree to indemnify Centerfield BBN, its affiliates, directors, officers, employees, and agents against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by you under this Agreement and your use of this website.
Reporting Copyright Infringement (DMCA).
This website complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at firstname.lastname@example.org or 640 Twelve Oaks Ln, Austin TX 78704 (512) 270-0727, containing the following information:
- Your contact information (name, mailing address, phone number).
- A description of the copyrighted work that you believe was infringed.
- A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
- A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
- Your digital or physical signature.
Choice of Law and Forum. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware. Any and all claims arising out or relating to this Agreement or your use of BroadbandNow.com shall be litigated exclusively in Delaware, and you and Centerfield BBN consent to personal jurisdiction in Delaware.
Severability.If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder.
Section Headings. The section headings of these Terms are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
Notices. You agree that Centerfield BBN may provide notice to you under this Agreement by placing a banner across the web pages of this website. You may provide legal notice to Centerfield BBN via email@example.com.
Force Majeure. Neither Party shall liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing party shall be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of Centerfield BBN.
Any questions about the agreement or this website can be directed to: