In this Member Agreement, you’ll find important information about your Service, including our ability to make changes to your service or this agreement’s terms, our liability if things don’t work as planned and how any disputes between us must be resolved in arbitration. If you’re signing up for service for a minimum contract term, you’ll also find information about that contract term and what happens if you cancel services early or don’t pay on time, including the possibility of an early termination fee you may owe Alias.
THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT AND DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH ALIAS (“Alias” or “we”) WILL PROVIDE YOU WITH MEMBERSHIP SERVICE (“Service”). THIS AGREEMENT REQUIRES THAT ANY DISPUTE BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN LAWSUITS, JURY TRIALS, OR CLASS ACTIONS, AS EXPLAINED MORE FULLY BELOW. BY USING OR PAYING FOR ALIAS SERVICES OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
SEVERAL SECTIONS OF THIS AGREEMENT HAVE DIFFERENT TERMS AND CONDITIONS FOR ALIAS’ SERVICES
Your Service terms and conditions are part of this agreement. Your Plan includes your monthly services and features; you can also subscribe to several optional services if you wish. Together, your Alias Package and any Optional Services you select are your Service.
All service agreements are based on a 2 year commitment.
HOW DO I ACCEPT THIS AGREEMENT?
You accept this agreement by:
- Agreeing in writing, or
- By Email, or
- By Phone, or
- In Person
When you accept, you’re representing that you are at least 18 years old and are legally able to accept an agreement. If you’re accepting for an organization, you’re representing that you are authorized to bind that organization, and where the context requires, “you” means the organization. By accepting you are agreeing to every provision of this Agreement whether or not you have to read it.
If you do accept, you can cancel a line of Service within 14 days of accepting this Agreement without having to pay an early termination fee as long as you return, within the applicable return period, any equipment you purchased from us or one of our authorized agents at a discount in connection with your acceptance of this Agreement, but you’ll still have to pay for your Service through that date. If you signed up for Prepaid Service, no refunds will be granted after 14 days or if your account has been activated. Your activation fee will not be refunded unless you cancel within three days of accepting.
If you change your device or receive a Service promotion, you may be required to change your Plan to one that we are currently offering at that time.
Alias monitors your credit and personal information on a daily basis. If there are discrepancies, we will contact you at the method you choose. This will be the only time an Alias representative will contact; we will never ask for any personal information, credit card information or any other banking information. The only information we will ever ask for to identify you is your PIN, and or address.
WHAT HAPPENS IF MY AUTOMATED PAYMENT SERVICE IS CANCELED BEFORE THE END OF MY CONTRACT TERM?
When you sign up for an Alias package, you’re agreeing to subscribe to our service either on a month–to–month basis or for the full term at a discounted rate paid up front, as shown on your receipt or order confirmation. Once you’ve completed your contract term, you’ll become eligible for a Technology Refresh or continue on a month to month basis. If you cancel a line of Service, or if we cancel it for good cause, during its contract term, you’ll have to pay an early termination fee. If your contract term results from your purchase of an advanced device on or after December 14, 2015, your early termination fee will be $350, which will decline by $10 per month upon completion of months 7–17, $20 per month upon completion of months 18–22, $60 upon completion of month 23 and will be $0 upon completion of your contract term. For other contract terms entered into on or after December 14, 2015, your early termination fee will be $175, which will decline by $5 per month upon completion of months 7–17, $10 per month upon completion of months 18–22, $30 upon completion of month 23 and will be $0 upon completion of your contract term, and you are responsible for all charges incurred until then.
CAN I TAKE MY DEVICE TO ANOTHER SECURITY CARRIER?
You are able to cancel at any time, as long as the cancellation policy is met the Device is yours to keep. Alias will need to come and wipe our image from the device before you take it anywhere else, as the new company will not be able to access the hard drive through our encrypted firewall. Alias can do this remotely, once all terms have been met.
CAN ALIAS CHANGE THIS AGREEMENT OR MY SERVICE?
We may change prices or any other term of your Service or this agreement at any time, but we’ll provide notice first, including written notice. If you use your Service after the change takes effect, that means you’re accepting the change. If Alias makes a change to your Plan or this agreement which has a material adverse effect on you, you can cancel the line of Service that has been affected within 60 days of receiving the notice with no early termination fee if we fail to negate the change after you notify us of your objection to it. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.
WHERE AND HOW DOES THE ALIAS SERVICE WORK?
Alias’ firewall is always on and updates itself on a monthly basis to patch any new virus or threats. Your device will be protected at home or on the go, without having to worry about threats to your personal or work information being leaked to unauthorized agents.
WHAT CHARGES ARE SET BY ALIAS?
Alias’ charges are always updated on our website at aliassecure.com/plans. Alias will always notify you about upcoming changes to plans or services, but our prices are protected meaning you will never pay more than what you have agreed to on your contract.
GOVERNMENT TAXES, FEES AND SURCHARGES
You must pay all taxes, fees and surcharges set by federal, state and local governments. Please note that we may not always be able to notify you in advance of changes to these charges.
HOW AND WHEN CAN I DISPUTE CHARGES?
You can dispute your bill within 180 days of receiving it, but unless otherwise provided by law or unless you’re disputing charges because your device was lost or stolen, you still have to pay all charges until the dispute is resolved. YOU MAY CALL US TO DISPUTE CHARGES ON YOUR BILL OR ANY SERVICE(S) FOR WHICH YOU WERE BILLED, BUT IF YOU WISH TO PRESERVE YOUR RIGHT TO BRING AN ARBITRATION CASE REGARDING SUCH DISPUTE, YOU MUST WRITE TO US AT THE CUSTOMER SERVICE ADDRESS ON YOUR BILL, OR SEND US A COMPLETED NOTICE OF DISPUTE FORM (AVAILABLE AT ALIASSECURE.COM/CONTACT), WITHIN THE 180–DAY PERIOD MENTIONED ABOVE. IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 180–DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICE(S) AND TO BRING AN ARBITRATION REGARDING ANY SUCH DISPUTE.
ABOUT MY PAYMENTS
If we don’t get your payment on time, we will charge you a late fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance, or a flat $5 per month, whichever is greater, if allowed by law in the state of your billing address. Late fees are part of the rates and charges you agree to pay us. If you fail to pay on time and Alias refers your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18 percent. We may require a deposit at the time of activation or afterward, or an increased deposit. We’ll pay simple interest on any deposit at the rate the law requires. We may apply deposits or payments in any order to any amounts you owe us on any account. If your final credit balance is less than $1, we will refund it only if you ask. If your service is suspended or terminated, you may have to pay a fee to have service reactivated.
IF THERE IS A DEFAULT IN PAYMENT, ALIAS RESERVES THE RIGHT TO OBTAIN ANY HARDWARE SOLD TO A MEMBER.
We may charge you up to $25 for any returned check.
WHAT IF MY DEVICE GETS LOST OR STOLEN?
We’re here to help. It’s important that you notify us right away, so we can suspend your Service to keep someone else from using it. If your device is used after the loss or theft but before you report it, and you want a credit for any charges for that usage, we’re happy to review your account activity and any other information you’d like us to consider. Keep in mind that you may be held responsible for the charges if you delayed reporting the loss or theft without good reason, but you don’t have to pay any charges you dispute while they are being investigated. If we haven’t given you a courtesy suspension of recurring monthly charges during the past year, we’ll give you one for 30 days or until you replace or recover your device, whichever comes first.
WHAT ARE ALIAS’ RIGHTS TO LIMIT OR END SERVICE OR END THIS AGREEMENT?
We can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any US governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (e) steal from or lie to us; or, (f) do not pay your bill on time; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges (even if we haven’t yet billed the charges); (h) provide credit information we can’t verify; or (I) are unable to pay us or go bankrupt; or (2) if you, any user of your device or any line of service on your account, or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; (d) modify your device from its manufacturer’s specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason. We may repossess the device if we determine any of the above have been breached.
AM I ELIGIBLE FOR MEMBER INCENTIVE DISCOUNTS?
Alias’ service and plans are priced fairly for every budget. There may be discounts throughout our member incentive program that you may be eligible for. Please check our website for any additional promotions or discounts.
DISCLAIMER OF WARRANTIES
We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your device, or any applications you access through your device. We do not warrant that your device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network–related modifications, upgrades or similar activity. If you download or use applications, services or software provided by third parties (including voice applications) your device may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third–party products. Alias is not responsible for any third–party information, content, applications or services you access, download or use on your device. You are responsible for maintaining virus and other Internet security protections or updates when accessing these third–party products or services
WAIVERS AND LIMITATIONS OF LIABILITY
You and Alias both agree to limit claims against each other for damages or other monetary relief to direct damages. This limitation and waiver will apply regardless of the theory of liability. That means neither of us will try to get any indirect, special, consequential, treble or punitive damages from the other. This limitation and waiver also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim. You agree we aren’t responsible for problems caused by you or others, or by any act of God. You also agree we aren’t liable for any information (like pictures) that gets lost or deleted if we service your device.
HOW DO I RESOLVE DISPUTES WITH ALIAS?
*This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws rules.
YOU AND ALIAS BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
This Agreement contains a pre-dispute arbitration clause. By signing the Account Authorization and Agreement Form, I agree as follows:
- All parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
- Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
- The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
- The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
- The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the cyber-security industry.
- The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible in arbitration may be brought in court.
- The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement. Any controversy arising out of or relating to any of my account(s) from its inception, business, transactions or relationships I have now, had in the past or may in the future have with Alias, its current and/or former officers, directors, partners, agents, affiliates and/or employees, this Agreement, or to the breach thereof, or transactions or accounts maintained by me with any of your predecessor or successor firms by merger, acquisition or other business combinations shall be settled by arbitration in accordance with the FINRA Code of Arbitration Procedure rules then in effect. My demand for arbitration shall be made within the time prescribed by those rules and will be subject to the applicable state or federal statutes of limitations as though filed in court. Judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
- Class Actions. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action, or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
ABOUT THIS AGREEMENT
If we don’t enforce our rights under this agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance. You cannot assign this agreement or any of your rights or duties under it without our permission. However, we may assign this agreement or any debt you owe us without notifying you. Your notices will be deemed received by you when your online bill is available for viewing. If you get a paper bill, those notices will be deemed received by you three days after we mail the bill to you. If we send other notices to you, they will be considered received immediately if we send them to your wireless device, or to any email or fax number you’ve given us, or after three days if we mail them to your billing address. If you need to send notices to us, please send them to the customer service address on your latest bill.
This agreement and the documents it incorporates form the entire agreement between us. You can’t rely on any other documents, or on what’s said by any Sales or Customer Service Representatives, and you have no other rights regarding Service or this agreement. This agreement isn’t for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, predecessors and successors in interest. Except where we’ve agreed otherwise elsewhere in this agreement, this agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.
Any questions about this agreement can be forwarded to George Schehl, Vice President of Operations, at: firstname.lastname@example.org.