StreamWise Solutions Customer Agreement and Terms of Use

Last updated: 9 November 2020

This Customer Agreement and Terms of Use (Agreement) sets out the terms and conditions on which we will provide you our entertainment installation service. For the purposes of this Agreement, “you” means the customer having equipment installed by StreamWise Solutions and “we” or “us” means FreeTVEE.com Inc. d.b.a. StreamWise Solutions (StreamWise Solutions).

GENERAL TERMS
1. This Agreement is an agreement between you and StreamWise Solutions regarding installation services provided by StreamWise Solutions (the Installation) and the use of any TV and/or networking equipment provided by us to you (the Equipment). The Equipment will be used by you to access services from various providers (the Services). The providers of the Services and the manufacturers of the Equipment (Service Providers) may vary depending on what Services or Equipment you select. StreamWise Solutions does not represent the Service Providers and you may choose whatever Service Providers you want.
2. By signing up to receive the Installation, and in using the Services and Equipment, you agree to abide by this Agreement and the agreement(s) of the Service Providers. Additionally, you understand and agree that StreamWise Solutions is not a Service Provider. We do not provide television or entertainment content and we do not charge monthly fees for access to Services or use of the Equipment. As part of the Installation, we provide Equipment manufactured by Service Providers. Each of these companies provides support services and warranties for the Equipment you have purchased from StreamWise Solutions. We assist you in signing up for Services and selecting Equipment to purchase or license from various Service Providers, but the contractual relationship for the Services and Equipment and ongoing support is between you and the Service Providers and not you and us. The antennas we install are intended to give you access to over-the-air (OTA) television content that is provided by OTA television networks and other OTA broadcasters.
3. In the future, we may change our prices, recommended Equipment or Services, and/or this Agreement. We will notify you of changes by e-mail to the e-mail address you provide, or by posting notice online at StreamWise Solutions.com. Your continued use of our services or the Installation after notice of any change will be considered your acknowledgement and acceptance of the change. The most current version of the Agreement is posted at https://getstreamwise.com/legal.
4. PLEASE BE AWARE THAT THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
SERVICES, EQUIPMENT, RETURNS
1. StreamWise Solutions provides Equipment intended to access the Services. The Services and pricing for the Services may be changed or cancelled at any time by the Service Provider and without notice for reasons outside of StreamWise Solutions’s control. StreamWise Solutions does not control the content or any aspect of the Services from the Service Providers or the manufacturing, service, or warranties related to the Equipment. In addition the Service Provider may change access to specific content at any time and without notice. Consult your agreement with the Service Provider for further details.
2. The Equipment will be provided to you upon Installation. The Equipment is owned by you. You bear the risk of loss, theft, destruction, or damage to the Equipment from any cause. No loss of or damage to the Equipment or any part of the Equipment relieves you of any of your obligations under this Agreement.
3. For 30 days from the date of the Installation (Service Term) we will provide customer care at no cost to you in an attempt to resolve any issues with the Equipment and/or Services. You agree to cooperate with StreamWise Solutions in troubleshooting Equipment remotely in an effort to diagnose and repair issues with the Equipment and/or Services. During this time, StreamWise Solutions may need to work with the Equipment manufacturer to repair or replace Equipment under the Equipment manufacturer warranty, but is not obligated to do so.
4. The Equipment will be covered by the warranty of the manufacturer of the Equipment. Customer is responsible for contacting the manufacturer of the Equipment for any customer support or warranty replacement.
5. If you have worked with StreamWise Solutions to resolve your issues, and after 14 days you are still not satisfied, StreamWise Solutions allows for the return and refund of the Equipment for 30 days from the date of the Installation (Return Period). Returned equipment will be subject to a 25% of total invoice restocking fee. If you are in our primary service area, we will come out and uninstall equipment as part of our restocking fee. Trips outside of our primary service area are subject to a $99 trip fee or you may ship equipment to us at your expense. Any Equipment not returned in full, including chargers, remotes, and other accessories will not receive any refund for any of the related Equipment.
6. If you choose to return Equipment within the Return Period, StreamWise Solutions cannot assist with reinstalling any equipment from other providers, including, but not limited to, cable TV boxes, cable Internet modems, WiFi equipment, satellite receivers, satellite dishes, remote controls, etc. You are responsible for contacting your provider and any costs associated with the installation of your/their equipment.
7. StreamWise Solutions will set up Equipment to operate with Customer Provided Equipment (CPE). We will not be responsible for setting-up new CPE that is in the box and has never been used. Prior to StreamWise Solutions performing the Installation, you must unbox your equipment, set it up, and verify that your equipment is in working order.
8. All CPE must be in working order upon Installation otherwise StreamWise Solutions cannot set up our Equipment. If a technician discovers that your CPE is not working properly, they will alert you prior to installing the Equipment.
9. Some older CPE may not be compatible with the Equipment. In some circumstances, additional Equipment and adapters may allow our Equipment to work with your CPE. The technician will alert you if an adapter is necessary prior to installing on that specific CPE. You are responsible for any costs associated with additional Equipment and adapters necessary for the Equipment to work properly with your CPE. Some CPE may be completely incompatible with the Equipment, and you will need new CPE for the Equipment to work properly. You have the choice to not install the Equipment on your CPE in this scenario.
INSTALLATION
1. We have a team of professional installers who will install the Services and Equipment in your home. In order to perform the Installation, we must have access to your home. You agree to allow us – including our employees, agents, and contractors – to enter your premises (Premises) as necessary at a time agreeable to you and for us to install, configure, maintain, inspect, repair and replace, and, in the event of a return, remove any Equipment.
2. You can cancel Installations prior to 24 hours before the scheduled Installation time. Installations cancelled after 24 hours before the scheduled installation date will be subject to a $99 cancellation fee.
3. You warrant that you have the authority to grant us access to the Premises. StreamWise Solutions and its agents will be respectful of your Premises and try our best to not cause any cosmetic or other damages to the property. We will handle cleaning or repairs to your Premises to the extent that the damages are caused directly by StreamWise Solutions’s negligence.
4. You must notify us with any claim for damages to your Premises within 30 days after the Installation or other service appointment that caused the damages. If you fail to do so, you hereby release StreamWise Solutions from any potential claims for damages.
5. If you are getting an antenna with your Installation it may be installed on your roof for best reception. You authorize StreamWise Solutions to install an antenna on your roof. StreamWise Solutions will make its best effort to ensure the mounting bracket is mounted with sealant to keep out the elements, but we cannot guarantee it will remain leak free. If the antenna needs to be removed by you for any reason, the mounting bracket should remain to maintain proper seal. Holes may be repaired by a roofing company at your own expense if you wish to remove the mounting bracket.
6. Additionally, if you are getting an antenna installed, we will make our best effort to ground the antenna to an existing ground wire either outside or inside the home. StreamWise Solutions cannot guarantee that your existing ground wire is properly grounded. You should check with a licensed electrician to verify that your existing ground wires are working properly. StreamWise Solutions is not responsible for any damage as a result of an improper installation of the ground wire or grounding rod. You agree to release StreamWise Solutions from any liability resulting from such damage to fullest extent permitted by law.
7. StreamWise Solutions offers a voice over IP telephony solution (Phone) that works with your current home telephones (both corded and cordless). The Phone service is designed to work with a traditional telephone base station connected directly to the Phone Equipment which may have 1 or more handsets that work off of the one base station. If you have many phones throughout your house that do not share a common base station, StreamWise Solutions cannot guarantee that the Phone will work with your home wiring. StreamWise Solutions will attempt to get the Phone working with your house wiring, but if we are unable to get it to work, we will connect a single phone base station to the Phone Equipment and you are responsible for purchasing any additional equipment necessary to have handsets in your house where you want them. StreamWise Solutions does not sell phone handsets. The technician will alert you before installing the Phone about the possibility of it not working prior to installation.
ACCOUNTS
1. You are responsible for the use of the Services and keeping your account information secure.
2. When you order the Services, StreamWise Solutions may assist you in creating an account with the respective Service Providers. You must be of legal age to order the Services and create an account and abide by the terms of the Service Providers. You are solely responsible for any and all accounts created with Service Providers.
3. Your account(s) with the Service Providers can be accessed through the username(s) and password(s) you provide, and it will contain important contact information where the Service Providers will send you information about the Services, including usage information, account payment information, and other important notices and communications. You are responsible for creating and maintaining a secure password. You must provide accurate, current, and complete information to StreamWise Solutions when you create your accounts, and you must keep this information up-to-date at all times.
4. StreamWise Solutions may provide you with a list of any account information that we assisted you in creating, however, StreamWise Solutions does not keep a copy of your account information and you are responsible for keeping track of information required to access Services and Service Providers. You should change your account login information after Installation and use a temporary password for the first login if we assist you in creating any accounts.
5. You are responsible for keeping your account information secure. Do not permit or enable any use of your accounts or passwords by any person who is not a member of your household. You are responsible for the use of the Services, whether by a member of your household or an unauthorized third-party.
6. You are responsible for any changes and cancellation to Services or Service Providers. If you choose to change Service Providers or you decide you no longer want to use a Service Provider, you must cancel Services with the Service Provider. Additionally, if you need to update your billing information with the Service Provider, you must work with the Service Provider directly to update your information.
PAYMENT
1. You agree to pay us in full at the time of the Installation for the services and Equipment we may provide you at such time unless other payment arrangements have been made. You will make the payment upon Installation.
2. You must notify us of any disputed payments within 60 days of the charge appearing on your credit card statement, or such longer period of time as may be required by applicable law. After such date, you waive all disputes and claims for which you have not provided us notice.
3. Your obligation to pay for the Installation continues even if the Services are unavailable or its quality is degraded. Payment for Installation and other Services provided by us are unrelated to your receipt of the Services.
4. We may bill you fees, charges, and assessments related to late or non-payment for the Installation, including a 10% flat rate late fee in addition to the amounts owed to us. These fees, charges, and assessments are liquidated damages intended to be a reasonable advance estimate of our costs resulting from your late or non-payment because we cannot know in advance the actual costs that we may incur as a result of your failure to pay. If we incur collection or other legal costs as a result of non-payment, you agree to pay us for the total past due amount, the late fee, and the costs of collection.
5. We reserve the right to change our fees or to add new fees at our discretion and at any time in accordance with this Agreement.
6. When you provide a credit or debit card number to us to pay for the Installation, you authorize us to charge that credit card or debit card for all amounts payable by you. If we do not receive payment from your card issuer or its agents, you agree to pay all amounts due upon demand.
7. We may charge fees for all debit, bank card, or credit card charge-backs. If you would like to know the current charge-back fees we may charge, please contact us as described below. We reserve the right to change our charge-back fees.
8. Do not attempt to place an order or make a payment to us with an expired, false, or unauthorized credit or debit card. We reserve the right to retrieve the Equipment immediately without notice upon the rejection of any credit or debit card charges, or non-payment by your financial institution.
LIMITATIONS
1. We do our best to provide reliable Installation. However, sometimes things happen outside of our control. This includes (but is not limited to) unforeseeable electromagnetic interference (EMI), interference from other broadcast sources including FM broadcasts, LTE cell phone towers, ham radio operators, and leakage from cable provider wiring and equipment. Additionally, trees, houses, buildings, hills, and other elements can interfere with the Services more than anticipated. If we are unable to get the Equipment or Services working as expected within the Service Term due to these unforeseeable reasons, StreamWise Solutions will refund you in full for the Equipment that is not working, provided you return such Equipment if requested by StreamWise Solutions within 30 days. The refund will be issued within 10 business days of the return of the Equipment.
2. Despite our efforts, we cannot guarantee any particular amount of bandwidth on the Services or that any speed or throughput of your connection will be available at all times. The speed of the Services will vary depending upon a number of factors, including your computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond StreamWise Solutions’s control, and system failures, modifications, upgrades, and repairs. Accordingly, we cannot guarantee that the Services will meet your requirements or expectations or will be uninterrupted, timely, secure, or error free.
3. There are risks involved in using the Internet. While we strive to make our network secure, we recommend you take steps to protect your devices and information. When you use the Equipment to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of your equipment and information. We do not manufacture the Equipment and cannot control or be responsible for the design and security of such Equipment. You should review your agreement with the Equipment manufacturer or any Service Provider to understand security or design risks.
4. In addition to our efforts to operate a secure network, you should also take all appropriate security measures when using the Services. You assume sole responsibility for your Equipment, network, and information security when you use the Equipment and the Services, and for providing and configuring any ‘firewall’ or security measures to prevent damage from viruses, malware, or other similar malicious items. You are solely responsible for the effectiveness of these blocking and filtering technologies. We do not warrant that others will be unable to gain access to your computer(s) and/or data, nor do we warrant that your data or files will be free from computer viruses or other harmful components, even if you utilize blocking and filtering technologies. We have no responsibility and assume no liability for the protections you may employ nor for any damages that may arise from accessing the Internet.
5. You may cancel the Services by contacting the Service Provider pursuant to the terms of your agreement with the Service Providers. StreamWise Solutions cannot cancel your Services.
DISCLAIMERS
1. WE DISCLAIM ALL WARRANTIES.
2. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE INSTALLATION SERVICES, SERVICES, AND THE EQUIPMENT IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. StreamWise Solutions AND OUR EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND ACCORDINGLY THIS MAY NOT APPLY TO YOU DEPENDING ON YOUR LOCATION.
4. THERE IS A LIMITATION TO OUR LIABILITY TO YOU UNDER THIS AGREEMENT.
5. THIS LIMITATION OF LIABILITY APPLIES TO ANY ACTS, OMISSIONS, AND NEGLIGENCE OF StreamWise Solutions AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES.
6. UNDER NO CIRCUMSTANCES WILL StreamWise Solutions BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION OR SERVICES OR ANY ACTS OR OMISSIONS ASSOCIATED WITH THE INSTALLATION OR SERVICES, INCLUDING ANY ACTS OR OMISSIONS BY THIRD-PARTY SERVICE PROVIDERS, AGENTS, OR SUBCONTRACTORS OF StreamWise Solutions, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED IN THIS AGREEMENT FAILS. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY US OF ANY OBLIGATION WE MAY HAVE UNDER THIS AGREEMENT OR APPLICABLE LAW, IS YOUR ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY US PURSUANT TO THE TERMS OF THIS AGREEMENT. IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO US DIRECTLY.
7. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, AND ACCORDINGLY THIS MAY NOT APPLY TO YOU DEPENDING ON YOUR LOCATION.
8. Except as otherwise expressly set forth in this Agreement, you agree to defend, indemnify, and hold us harmless from claims or damages relating to or arising out of your breach of this Agreement, our provision of the Installation, and your and your users’ use of the Services or any Equipment, including but not limited to any claims or damages arising out of (1) postings made using the Services, including for defamation, copyright, trademark, or other proprietary right infringement or otherwise; (2) third-party claims caused by your violation of this Agreement or other StreamWise Solutions policies, and (3) personal injury to our personnel while providing services to you if caused by you or another person in your Premises. You agree that we are not responsible for any third-party claims against us that arise from the Installation, your use of the Services or the Equipment, except as expressly set forth in this Agreement. Further, you agree to reimburse us for all costs and expenses related to the defense of any such claims.
9. We may communicate with you by e-mail or text messaging.
10. We will provide you with notices consistent with applicable law. We may send any required or desired notice under the Customer Agreements to your physical address of record by hand delivery, U.S. postal service, or overnight courier. Alternatively, we may send notice by e-mail to the e-mail address you provide to us or by text messaging to the phone number you provide to us. We may also provide notice by posting information in a newspaper or on our website. You agree that any one of the foregoing will constitute sufficient notice. You agree to regularly check your mail, e-mail, and all postings on our website and bear the risk of failing to do so. By agreeing to these terms, you agree that we may send you text messages. You may cease receiving such text messages or emails by responding with “STOP” or “unsubscribing” or some similar method of informing us of your desire to cease receiving such communication, which method may be utilizing the system of text messaging or email as directed in such messages.
ARBITRATION
1. YOU AGREE TO BINDING ARBITRATION AND WAIVER OF JURY TRIAL.
2. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
  1. Purpose. If you have a Dispute (as defined below) with StreamWise Solutions that cannot be resolved, you or we may elect to arbitrate that Dispute in accordance with the terms of this provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may also result in limited discovery. An arbitration award is subject to limited review by a court.
  2. Definitions. The term ‘Dispute’ means any dispute, claim, or controversy between you and StreamWise Solutions regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this arbitration provision. ‘Dispute’ is to be given the broadest possible meaning that will be enforced. As used in this provision, ‘StreamWise Solutions’, ‘we’, or ‘us’ means StreamWise Solutions and its parents, subsidiaries, and affiliated companies and each of their respective officers, directors, employees, and agents.
  3. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY StreamWise Solutions IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU AGREE TO THIS AGREEMENT. YOUR WRITTEN NOTIFICATION TO StreamWise Solutions MUST INCLUDE YOUR NAME, ADDRESS, AND StreamWise Solutions ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH StreamWise Solutions THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
3. Restrictions:
  1. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF ANY STATUTE OR OTHER LAW TO THE CONTRARY, YOU MUST CONTACT US WITHIN 1 YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES WHICH ARE SUBJECT TO ANOTHER SECTION OF THIS AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
  2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
  3. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH StreamWise Solutions UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.
4. Initiation of Arbitration Proceeding/Selection of Arbitrator. Each party must work together to resolve a dispute for at least 60 days before initiating any arbitration. If such resolution fails, the parties will initiate arbitration. The arbitration proceeding shall be administered by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes that are in effect when the arbitration is initiated (we refer to these rules collectively as the ‘AAA Rules’). The AAA Rules are available at adr.org or by calling 800-778-7879.
5. Arbitration Procedures.
  1. Because the service provided to you concerns interstate commerce, the Federal Arbitration Act (FAA), not state arbitration law, governs the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the Installation from StreamWise Solutions may apply to and govern the substance of any Disputes. No state arbitration statute shall apply to the arbitration proceeding. If there is a conflict between this arbitration provision and the rules of the arbitration organization, this arbitration provision shall govern. If the AAA will not enforce this arbitration provision as written, it cannot serve as the arbitration organization to resolve your Dispute with StreamWise Solutions. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this arbitration provision as written.
  2. If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision shall govern.
  3. A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by applicable law and will take reasonable steps to protect your account information and other confidential or proprietary information. The arbitrator may award on an individual basis any relief that would be available in court, including injunctive or declaratory relief and attorneys’ fees.
  4. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or required by applicable law. An award granted by the arbitrator may be enforced in any court with appropriate jurisdiction over the parties.
  5. If an award granted by the arbitrator exceeds $75,000, either party may appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within 30 days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
  6. Arbitration Hearing and Location. If the Dispute is for $10,000 or less, you may choose whether to conduct the arbitration solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the Dispute exceeds $10,000, the AAA Rules will determine the right to a hearing. Any in-person hearing will take place at a location convenient to you in the area where you receive the Service from StreamWise Solutions, unless you and StreamWise Solutions agree or the arbitrator orders otherwise under the AAA Rules.
  7. Payment of Arbitration Fees and Expenses. Payment of all arbitration fees and expenses will be governed by the AAA Rules. After we receive notice that you have initiated an arbitration proceeding, we will promptly reimburse you for payment of your filing fee. Each party will pay for half of all filing, administration, and arbitrator fees and arbitrator expenses for the Dispute, unless the arbitrator determines that the Dispute is frivolous, in which case the party whose claims are determined to be frivolous will pay all such feels. You are responsible for paying fees and expenses for your attorneys, witnesses, and experts in arbitration, unless applicable law requires otherwise. We will not seek attorneys’ fees and expenses in arbitration, unless the arbitrator determines the Dispute is frivolous. If the arbitrator determines that the Dispute is frivolous, you agree to reimburse StreamWise Solutions for previous payments it made that are otherwise your obligation to pay under the AAA Rules and applicable law.
6. Severability. If any clause within this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remainder of this provision will be given full force and effect. If the class action and class arbitration waiver is found to be illegal or unenforceable, the entire arbitration provision will be unenforceable, and the Dispute will be decided by a court. In the event this entire provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found to be excluded from the scope of this arbitration provision, YOU AND StreamWise Solutions EACH HEREBY AGREE TO WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY TRIAL BY JURY.
7. Survival. This arbitration provision will survive the termination of the Service and your account with StreamWise Solutions.
8. Exclusions from Arbitration. YOU AND StreamWise Solutions AGREE THAT ANY CLAIM FILED BY YOU OR BY StreamWise Solutions THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER StreamWise Solutions CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT WHICH IS LIMITED TO ADJUDICATING SMALL CLAIMS WILL NOT BE SUBJECT TO ARBITRATION. IN ADDITION, CLAIMS WHERE THE AMOUNT IN DISPUTE IS VALUED AT LESS THAN THE COST OF AAA FEES, DISPUTES ABOUT StreamWise Solutions’S INTELLECTUAL PROPERTY, AND CLAIMS RELATED TO THEFT OF SERVICE WILL NOT BE SUBJECT TO ARBITRATION.
GENERAL TERMS
1. We will not be liable to you for any delay or failure of performance of Installations, the Services, or Equipment due to causes beyond our control, including, but not limited to ‘acts of God’, fire, flood, explosion, or other catastrophes; any law, order, regulation, direction, action, or request of the United States government or of any other government, including state and local governments having or claiming jurisdiction over StreamWise Solutions, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages. For the purposes of this Agreement, we refer to any of these events as a ‘Force Majeure’ event or ‘Force Majeure’.
2. Entire Agreement. This Agreement and the other Customer Agreements incorporated by reference herein constitute the entire agreement and understanding between you and StreamWise Solutions with respect to the subject matter of this Agreement, and supersede and nullify all prior written or verbal understandings, promises, agreements, or undertakings with respect to the subject matter of this Agreement. If any term or condition of this Agreement shall be adjudicated or determined as invalid or unenforceable by a court, tribunal, or arbitrator with appropriate jurisdiction over the subject matter, the remainder of the Agreement with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. StreamWise Solutions does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement.
3. Governing Law. This Agreement will be deemed to be executed and delivered in Denver, CO and will be governed by the laws of the State of Colorado without giving effect to any conflict of laws provisions.
4. Assignment. This Agreement and the Installation, Services, and Equipment furnished under this Agreement may not be assigned by you. You agree to notify us immediately of any changes of ownership or occupancy of the Premises. We may freely assign our rights and obligations under this Agreement with or without notice to you. Any attempted assignment in contravention of this Agreement is void.
5. You may contact us by phone, e-mail, or mail.
  1. For any inquiries or notices required in connection with this Agreement, you may contact us as follows:
    1. By phone: +1 303-794-8600
    2. By e-mail: [email protected]
    3. By mail:
      StreamWise Solutions, Inc.
      Attn: Legal Department
      14815 W Warren Ave.
      Denver, CO 80228

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