Consumer Terms of Service
Consumer Terms of Service
Last revised May 8, 2018
THESE TERMS OF SERVICE INCLUDE A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE FROM TIME TO TIME AS DETERMINED BY RELAY IN ITS SOLE DISCRETION. MODIFIED AND/OR UPDATED VERSIONS OF THESE TERMS OF SERVICE WILL BE POSTED AT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE FROM TIME TO TIME AS DETERMINED BY RELAY IN ITS SOLE DISCRETION. MODIFIED AND/OR UPDATED VERSIONS OF THESE TERMS OF SERVICE WILL BE POSTED AT RELAYPRO.COM/LEGAL/RELAY-TERMS-OF-SERVICE/
RELAY WILL PROVIDE YOU NOTICE OF ANY MATERIAL CHANGES TO THE SERVICES AND/OR THESE TERMS OF SERVICE. EXCEPT AS OTHERWISE DETERMINED BY RELAY, MODIFIED AND/OR UPDATED VERSIONS OF THESE TERMS OF SERVICE WILL BE EFFECTIVE IMMEDIATELY UPON POSTING; MODIFIED AND/OR UPDATED VERSIONS OF THESE TERMS OF SERVICE WILL BE IDENTIFIED BY THE DATE, MONTH AND YEAR THEY BECOME EFFECTIVE. USING THE RELAY SERVICES AFTER THE CHANGES BECOME EFFECTIVE MEANS YOU AGREE TO THE NEW TERMS. IF YOU DON’T AGREE TO THE NEW TERMS, YOU MUST STOP USING THE RELAY SERVICES AND CANCEL THE RELAY SERVICES FOR YOU AND ANY OTHER USERS ACTIVE UNDER YOUR ACCOUNT.
DEFINITIONS:
“AAA” will have the meaning ascribed to such term in Section 19 below.
“Account” means Your Relay account. An Account will be associated with (i) one or more Relay devices; (ii) an Account Owner; and (iii) a Plan.
“Account Owner” means the owner of the Relay account. An owner must (i) be 18 years or older, (ii) have a valid credit card and (iii) and if there are Relay devices being used by children on the Account, the owner of the account must be the parent or legal guardian. There can be multiple Relay devices under one Account. Each Relay device must have an active Service Plan in order to use the Services.
“Activation Date” means the date that (a) you activate your Relay device and select a Plan.
“AUP” means the Relay Acceptable Use Policy, which is posted at relaypro.com/legal/relay-acceptable-use-policy/, as modified by Relay from time to time in Relay’s sole discretion.
“Authorized Retailer” means a retailer that has express permission to sell the Relay device.
“Cancellation Period” will have the meaning set forth in Section 6(g) below.
“Default” occurs: (i) if You fail to make any payment contemplated by these Terms of Service on or before the date two (2) business days immediately after any applicable required date; (ii) if You violate the AUP; (iii) if either Relay or You fail to perform or observe any term or obligation of these Terms of Service, including, without limitation, any document incorporated by reference into these Terms of Service, not otherwise specified in clauses (i) or (ii) above and applicable to the Services, which failure remains uncured thirty (30) calendar days after receipt of written notification from the non-defaulting party informing the defaulting party of such failure, unless these Terms of Service expressly provide that no such cure period applies under the applicable circumstances; (iv) upon the institution of bankruptcy, receivership, insolvency, reorganization or other similar proceedings, by or against You, unless such proceedings have been dismissed or discharged not later than the date thirty (30) calendar days immediately after the commencement of such proceeding; and/or (v) upon the making of an assignment for the benefit of creditors, adjudication of insolvency, or institution of any reorganization arrangement or other readjustment of debt plan, of or by You.
“Delivery Date” will mean the date that Your Relay device arrived at your address, as reflected on the records of our shipping carrier, if applicable, or the date that You purchased Your Relay device from an Authorized Retailer, if applicable.
“Electronic Tools” means online access, application programming interface (API), or access by any other means, to or by an electronic system to access or manage Your use of the Services.
“Escalation Notice” will have the meaning ascribed to such term in Section 19 below.
“Former User” means an individual, who is not an Authorized Reseller, that is the owner of a Relay device (regardless of whether the Service was ever activated for that Relay) and who then sells that Relay device to a new User.
“Initial Service Term” will have the meaning set forth in Section 4 below.
“Intellectual Property” means patents, pe