R26-063 RESOLUTION NO. R26-063
1
2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
3 BEACH, FLORIDA, APPROVING AN AGREEMENT WITH EDUCATIONAL
4 BROADBAND SERVICE AGENCY LLC D/B/A MOBILE BEACON FOR THE
5 PURCHASE OF 23 WI-FI HOTSPOT DATA PLANS, FOR AN AMOUNT
6 NOT-TO-EXCEED $2,760.00; AND FOR ALL OTHER PURPOSES.
7
8 WHEREAS,the Boynton Beach City Library operates a circulating hotspot lending program
9 to provide mobile internet access to Library cardholders who lack reliable connectivity at home;
10 and
11 WHEREAS,the Library has identified a need to purchase Wi-Fi data plans for twenty-three
12 (23) circulating hotspot devices from Mobile Beacon Direct, a nonprofit broadband provider
13 offering affordable mobile internet service to community anchor institutions, at a total cost of
14 $2,760.00, which falls below the City's single-quote procurement threshold of $20,000.00; and
15 WHEREAS, the Agreement is on the vendor's form and requires the City to indemnify the
16 vendor, and provides for Rhode Island as the governing law; and
17 WHEREAS, pursuant to City policy, these contract provisions require City Commission
18 approval prior to execution; and
19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
20 best interests of the City's citizens and residents to approve the Agreement with the Vendor to
21 provide the City with Wi-Fi hotspot data plans.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
23 BEACH, FLORIDA, THAT:
24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption.
26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
27 approve the Agreement between Vendor and the City for Wi-Fi hotspot data plans (the
28 "Agreement"), in form and substance similar to that attached as Exhibit A.
29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
30 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
31 ancillary documents required under the Agreement or necessary to accomplish the purposes of
RESOLUTION NO. R26-063
32 this Resolution.
33 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
34 of the City.A copy of the fully executed Agreement shall be provided to Zoe Fernandez to forward
35 to the Vendor.
36 SECTION 5. This Resolution shall take effect in accordance with the law.
37
3R
39 [signatures on the following page]
40
41
RESOLUTION NO. R26-063
42
43 PASSED AND ADOPTED this .c) I day of a- 2026.
44
45 CITY OF BOYNTON BEACH, FLORIDA
46 YES NO
47
48 Mayor— Rebecca Shelton N./
49
50 Vice-Mayor—Thomas Turkin ✓
51
52 Commissioner—Angela Cruz
53
54 Commissioner— Mack McCray
55
56 Commissioner—Aimee Kelley
57
58 VOTE
59 ATTEST:
660
62 Tammy Stan,Ione Re a ca Shelton
63 Interim City Clerk Mayor
64 ���• �
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65 ;� • oRPO ��i APPROVED AS TO FOR :
66 (Corporate Seal) f ci: F':��
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69 �i � : Y. Shawna G. Lamb
70 %\c4ORIDA . City Attorney
DISCLOSURES FOR MOBILE BEACON
Customer Agreement (Terms of Service) as Modified by City of Boynton Beach
Addendum
Educational Broadband Service Agency LLC d/b/a Mobile Beacon
TOS Updated March 11, 2024 I Addendum Executed March 24, 2026
The agreement is on the vendor's form and is read together with the City of Boynton Beach Addendum executed
March 24, 2026. In the event of any conflict between the TOS and the Addendum, the Addendum controls. Non-
standard business and legal terms are disclosed below as they apply to the City. By approving this agreement,
you are accepting these terms on behalf of the City.
Section Disclosure
Indemnification Indemnification obligations are mutual.
(TOS Sec. 12; City Indemnification: The City is required to defend, indemnify, and hold harmless Mobile
Addendum) Beacon and all Mobile Beacon Parties against any claims, suits, losses, damages,
liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third
parties, including any Permitted User, resulting from: (a) any acts, omissions, or breach
of the City's representations and warranties under the TOS; or (b) any acts, omissions,
or breach of the TOS by Permitted Users or any other user accessing the Service through
the City. This obligation is not limited to intentional or negligent conduct.
Mobile Beacon Indemnification: Mobile Beacon is required to indemnify, hold harmless,
and defend the City and its current, past, and future officers, agents, and employees
against all causes of action, demands, claims, losses, liabilities, and expenditures of any
kind (including attorneys' fees through appellate proceedings) raised by third parties
caused, in whole or in part, by any intentional, reckless, or grossly negligent act or
omission of Mobile Beacon or its officers, employees, or agents arising from or relating
to the Agreement. Mobile Beacon may assume and control the defense; the City may
participate at its own expense.These obligations survive termination. Note:This standard
is limited to intentional, reckless, or grossly negligent conduct,which is narrower than the
City's preferred ordinary negligence standard.
Fee Increases Subscription pricing for the initial term is set in the applicable Order. However, Mobile
(TOS Sec. 1(b), Beacon may unilaterally modify the TOS, including pricing, at any time by posting a
2(a)-(b), 11) revision to its website. Changes become effective and binding one week after posting.
The City has no approval right; its only remedy for unacceptable changes is to terminate
affected subscriptions and receive a refund of prepaid unused fees.
Additionally, taxes, duties, fees, surcharges, and account set-up costs are entirely the
City's responsibility. Mobile Beacon is not required to provide advance notice of changes
to those charges.
Confidentiality The agreement contains no confidentiality obligations protecting the City's information.
(TOS Sec. 16) The City bears sole responsibility for securing its own systems and data. T-Mobile (the
Provider) may inspect and store network traffic, share it with third parties, and use it for
non-network management purposes as part of its network management practices. The
City should assess whether this data sharing is compatible with its obligations under
Florida Chapter 119 and applicable data privacy laws.
Proprietary All rights not expressly granted are reserved by Mobile Beacon. The City and Permitted
Rights (TOS Sec. Users receive no rights to any firmware or software and hold only a subscription-based
1(a)) access right for the term. Mobile Beacon and its affiliates retain a broad license to edit,
use, and reuse any feedback, testimonials, stories, and photographs provided by the City
or Permitted Users for future marketing, publications, case studies, and social media
(applicable if the City is a grant recipient under Sec. 1(g)).
Section Disclosure
Limitation of Mobile Beacon's total cumulative liability to the City, Permitted Users, and any third party
Liability(TOS for all claims is capped at the total subscription fees paid by the City in the 12 months
Sec. 13) prior to the first claim. Multiple claims do not enlarge this cap. Mobile Beacon has no
liability for any defect or failure of the Service or equipment, any security breach, any loss
or corruption of data, or the cost of obtaining substitute goods, services, or technology.
All consequential, indirect, incidental, special, and exemplary damages are excluded
under any theory of liability, even if foreseeable.
Warranty(TOS Mobile Beacon disclaims all warranties express or implied, including merchantability,
Sec. 8) fitness for a particular purpose, title, and non-infringement. The Service and Equipment
are provided strictly on an 'as is' and 'as available' basis. Mobile Beacon's only warranty
obligation is a limited pass-through of any manufacturer's warranty for equipment, to the
extent it has the authority to do so. All use of the Service and Equipment is at the City's
and Permitted Users' own risk. Neither Mobile Beacon nor the Provider assumes any
liability for any failure or lack of performance for any reason.
Dispute Governing law is Rhode Island,without regard to choice of law provisions.The Addendum
Resolution / replaces the TOS venue provision but is silent on venue. Both parties expressly waive
Governing Law the right to trial by jury for any civil litigation related to the Agreement.
(Addendum; TOS
Sec. 15)
Termination (TOS Mobile Beacon may suspend or terminate the Service with or without cause at any time,
Sec. 6) including immediately and without notice if it has a reasonable basis to believe in its sole
discretion that the City or a Permitted User has engaged in prohibited activity. The City
may terminate with or without cause at any time but is generally not entitled to a refund
except: (1)where equipment is returned per the Mobile Beacon Refund Policy; (2)where
Mobile Beacon terminates without cause more than one month before subscription
expiration; or(3) in connection with service discontinuation or material term modification
under Sections 10 and 11 of the TOS. Upon termination, all access rights immediately
end, and Permitted Users must cease use.
Changes to Mobile Beacon may modify any term of the TOS at any time by posting a revision to its
Terms (TOS Sec. website, effective and binding one week after posting. The City is responsible for
11) monitoring the website for updates. If modifications are unacceptable, the City's sole and
exclusive remedy is to terminate the affected subscriptions and receive a refund of
prepaid unused fees for the remaining full months. The Provider (T-Mobile) similarly
reserves the right to change its acceptable use policy and terms and conditions at any
time.
Data/Security The City bears sole responsibility for implementing appropriate security measures,
(TOS Sec. 16) including firewalls, to protect its systems and data. Mobile Beacon and the Provider have
no liability for security breaches beyond their reasonable control. The Provider's network
management practices may include inspection and storage of network traffic, provision
of traffic to third parties, and use of traffic for non-network management purposes. The
agreement specifies no data retention schedule, data return obligations, or deletion
requirements upon termination.
ADDENDUM
ADDITIONAL TERMS
The terms of this Addendum govern and control your Agreement with the City of Boynton Beach. If there is
any conflict between the Agreement and this Addendum, this Addendum shall control.
DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Contractor
represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida
Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes.
Contractor represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with
City on any of the grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for the
duration of the Term will remain, in compliance with Section 286.101, Florida Statutes.
VERIFICATION OF EMPLOYMENT ELIGIBILITY. Contractor warrants and represents that all employees performing
services under this Agreement are authorized to work in the United States pursuant to applicable federal immigration
law.
PUBLIC ENTITY CRIMES ACT. Contractor represents that it is familiar with the requirements and prohibitions under
the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will
not violate that Act. Contractor further represents that there has been no determination that it committed a"public entity
crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an
act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been
placed on the convicted vendor list.
ENTITIES OF FOREIGN CONCERN. This section shall apply if Contractor or any subcontractor will have access to
an individual's personal identifying information under this Agreement. Accordingly, Contractor represents and certifies:
(i) Contractor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country
of concern does not have a controlling interest in Contractor; and (iii) Contractor is not organized under the laws of
and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date or
the date that Contractor or its subcontractor will have access to personal identifying information under this Agreement,
Contractor and any subcontractor that will have access to personal identifying information shall submit to City executed
affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria
in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the
requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall
have the meanings ascribed to such terms in Section 287.138, Florida Statutes.
ANTI-HUMAN TRAFFICKING. On or before the Effective Date of the Agreement, Contractor shall provide City with
an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section
787.06(13), Florida Statutes.
INVOICES AND PAYMENT. Payments of any fees due to the Contractor for services shall be conditioned on receipt
of a proper invoice. Payment will be made in accordance with the Local Government Prompt Payment Act, Section
218.70, et al., Florida Statutes.
VENUE,WAIVER OF JURY TRIAL. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO
A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
The following will replace the Governing Law& Venue section in the Mobile Beacon Direct Customer Agreement: Any
question, controversy or dispute arising out of or related to this Agreement shall be governed by and interpreted in
accordance with the laws of the State of Rhode Island, without regard to its choice of law provisions.
INDEMNIFICATION. Contractor shall indemnify, hold harmless, and defend City and all of City's current, past, and
future officers, agents, and employees (collectively, "Indemnified Party")from and against any and all causes of action,
demands, claims, losses, liabilities, and expenditures of any kind, including attorneys'fees, court costs, and expenses,
including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party
to this Agreement, and caused or alleged to be caused, in whole or in part, any intentional, reckless, or grossly
negligent act or omission of Contractor, its officers, employees, or agents, arising from, relating to, or in connection
with this Agreement (collectively, a "Claim"). Upon receipt of notice, Contractor shall have the right to assume and
control the defense of the Claim with counsel of its choosing. The Indemnified Party may participate in the defense at
its own expense. The obligations of this section shall survive the expiration or earlier termination of this Agreement.
SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City
or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section
768.28, Florida Statutes.
By signing below, the Contractor agrees to the terms in this Addendum.
By: i4.a.‘ta.z4z ,Piet
Name: Rosanne Rebello
Title: Customer Service Manager
Date: 3/24/2026
4obile Beacon Customer Agreement
PDATED March 11, 2024 at 1 PM EST
1PORTANT—READ CAREFULLY: THESE DIRECT CUSTOMER TERMS OF SERVICE, as they may be amended as
)reinafter provided, form a binding legal agreement (these "TOS") between Educational Broadband Service Agency LLC d/b/a
obile Beacon ("Mobile Beacon") and the entity listed in the signature fields below (hereinafter, the "Customer" or"you" or
our"). These TOS govern Customer's access to and use of the wireless broadband service that Mobile Beacon makes availabl
Ider these TOS (the "Service"). THESE TOS ARE EFFECTIVE WHEN EXECUTED AS PROVIDED BELOW ("EFFECTIVE
ATE"). THESE TOS APPEAR ON MOBILE BEACON'S WEBSITE AND MAY BE MODIFIED AT ANY TIME BY MOBILE
EACON BY POSTING A REVISION ON ITS WEBSITE, WHICH REVISION SHALL BECOME EFFECTIVE AND BINDING OP
iE PARTIES HERETO ONE WEEK AFTER POSTING. See Section 11 below. IT IS CUSTOMER'S RESPONSIBILITY TO
ONITOR THE WEBSITE FOR SUCH UPDATES TO THESE TOS.
Y SIGNING BELOW, OR BY CUSTOMER'S ACCESS TO OR USE OF THE SERVICE, CUSTOMER AGREES TO BE BOUND
Y THESE TOS,AND THE PERSON SIGNING BELOW ON BEHALF OF CUSTOMER CERTIFIES THAT THE PERSON SO
KECUTING THESE TOS HAS THE POWER AND AUTHORITY TO BIND CUSTOMER TO THESE TOS.
Scope of Agreement.
a. Subscriptions for Service. Subject to Customer's continued compliance with the terms and conditions of these TOS
(including timely payment of applicable fees), Mobile Beacon will make the Service available to Customer for use by
Customer's Permitted Users (defined below) based on the number of subscriptions (each, a "Subscription") either (i)
purchased in an order placed with Mobile Beacon or (ii) provided to Customer through a donation made by Mobile Beacon
(each an 'Order").ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TOS ARE RESERVED BY MOBILE BEACON.
NEITHER CUSTOMER NOR ANY PERMITTED USER IS GRANTED ANY RIGHTS TO ANY FIRMWARE OR SOFTWARE
UNDER THESE TOS.
J. Subscription Term. The initial term of each Subscription shall be as set forth in the applicable Order and, subject to these
TOS, Service availability and any applicable price adjustments then in effect. For all other Subscriptions, Mobile Beacon will
attempt to contact Customer by email at the last email address provided to Mobile Beacon by Customer to (i) inform
Customer when Customer's Subscription Term is drawing to a close and (ii) provide Customer with a form to renew Service
for an additional Subscription Term. if Mobile Beacon does not receive payment in full for any applicable additional
Subscription Term, Mobile Beacon reserves the right to immediately suspend or terminate Customer's use of the Service for
the applicable Subscription(s). The initial Subscription Term and any subsequent renewal Subscription Term are each
a "Subscription Term."
c. Equipment. Customer is responsible for ordering through Mobile Beacon the equipment needed for its Permitted Users' use
of the Service ("Equipment"). Requirements for Equipment compatibility with Provider's network are set forth on www.t-
rnobile.com. MOBILE BEACON IS NOT RESPONSIBLE FOR ANY FAILURE OF THE EQUIPMENT TO FUNCTION
PROPERLY WITH THE SERVICE. IN ADDITION, CUSTOMER IS RESPONSIBLE FOR ENSURING THAT ALL
EQUIPMENT AND ANY ASSOCIATED COMPONENT THEREOF MEET THE MINIMUM TECHNICAL REQUIREMENTS
POSTED ON PROVIDER'S WEBSITE. Equipment will be shipped activated and authenticated by the Provider. All
Equipment is delivered Free On Board (F.O.B.) Destination unless otherwise agreed. Title to purchased Equipment will pass
upon receipt of full payment. Customer is responsible for maintaining documentation of the serial number for all Equipment
as this information is required to provide technical support services or to request a refund or replacement for defective
Equipment as provided for in Section 1f. The serial number is located on the factory sticker of the box the Equipment came
in, under the battery of the Equipment., or on the back cover of the device.
(1) users, recipients, or beneficiaries of Customer's educational, nonprofit, or social welfare programs or,services
or(ii)employees, volunteers, or independent contractors of Customer, and who, in each case, (A) acknowledge ts
Customer that they have been (x) provided a copy of the then-current TOS or Permitted User Minimum Terms of
Service available at mobilebeacon.org/legal, and (y)advised to monitor updates to these Permitted User Minimur
Terms of Service on Mobile Beacon's website, and (B) are not in violation of these TOS or the Permitted User
Minimum Terms of Service.
ii. Termination of Permitted User Status. Customer will notify Mobile Beacon immediately upon Customer becoming
aware of any unauthorized use of a Permitted User's account, any suspected security breach, or any failure by a
Permitted User to comply with these TOS. Once a person ceases to be a Permitted User for any reason, Customer shal
take such action as is necessary to ensure that such individual no longer makes use of or accesses the Service and shE
(i) attempt to reclaim possession of the Equipment from such person, and (ii) email serviceemobilebeacon.orq with (A)
the serial number of any Equipment in the former Permitted User's possession (the serial number is located on the
factory sticker under the battery of such Equipment, or on the back cover of the device) and (B) request Mobile Beacon
to disable access to the Service by the Equipment until such time as Customer has reclaimed possession of the
Equipment and requests that access to the Service be enabled.
iii. Additional Obligations Regarding Permitted Users. Customer will make the Service available to Permitted Users onl
pursuant to arrangements whereby Permitted Users are made aware of prohibited activity and their obligations under th
Permitted User Minimum Terms of Service, including checking Mobile Beacon's website for any changes to these terms
Customer shall remind each Permitted User at least annually during the Subscription Term, of the conduct expected of
Permitted Users. Customer shall maintain documentation of the serial number of any Equipment in the possession of a
Permitted User.
e. Limitations Resulting from Third-Party Provider. Customer understands and agrees that the Service is provided by a this
party, who may change from time to time (the "Provider").As of the Effective Date, the Provider is T-Mobile USA.The state
of the network migration and the identity of the Provider may change at any time. The state of the network migration and the
identity of the Provider may change at any time. MOBILE BEACON, AS A DISTRIBUTOR OF THE SERVICE, DOES NOT
ASSUME RESPONSIBILITY FOR THE AVAILABILITY OF THE SERVICE OR THE CONDUCT OF THE PROVIDER. For
example, Mobile Beacon does not control or assume responsibility for congestion management, block or rate-control
protocols or protocol ports, inhibit or favor any particular applications, impose user device rules or provide end-user security
functionality. Customer further understands and agrees on its behalf and on behalf of its Permitted Users that the underlying
technology and availability of the Service could change after the Effective Date in a manner causing changes or disruptions
to the Service ("Provider Service Change").ANY CHANGE TO OR DISRUPTION OF THE SERVICE IN CONNECTION
WITH THE FOREGOING SHALL NOT CONSTITUTE A BREACH OF THESE TOS.
f. REFUND AND RETURN Mobile Beacon provides a Limited Refund Policy for new Equipment ordered through Mobile
Beacon. Mobile Beacon also provides a Defective Device Replacement Policy for certain Equipment. The current terms of
these policies are located at the following website address: www.mobile_heacon_org/legpland their terms are incorporated in
these TOS by reference, and like these TOS, the terms of these policies may be modified at any time by Mobile Beacon upc
posting a revision to its website, which shall become binding on the Customer one week after such posting.
g. Additional Obligations of Grant Recipients. The following terms apply only to Customers who are recipients of donations
(each a "Grant Recipient")through Mobile Beacon's Connect for Success and Wi-Fly grant programs (each, a "Grant
Program"):
i. In connection with the Grant Programs and for the purposes described in the Customer's grant application to Mobile
Beacon ("Grant Purpose"), during the initial Subscription Term, Customer agrees to complete the Mobile Beacon's
feedback and evaluation requirements, which include submitting a six-month and 12-month written report in the format
provided by Mobile Beacon. If Customer fails to complete and provide these reports to Mobile Beacon at the appropriate
times, Customer shall return all Equipment to Mobile Beacon at Customer's expense within 30 days.
laws, Customer agrees to provide feedback, testimonials, stories and photographs of Permitted Users and/or Customer'
staff or program administrators to demonstrate how the Service and Equipment were used for the Grant Purpose during
the initial Subscription Term. Customer is responsible for securing any required permission/release from individuals for
any personally identifiable information prior to submitting to Mobile Beacon. For all such material provided to Mobile
Beacon, Customer grants Mobile Beacon and its affiliates the right to edit, use, and reuse this content in future
publications, marketing materials, case studies, social media, or other public communications. Customer represents and
warrants that any such materials provided to Mobile Beacon adhere to Customer's privacy policies as well as state and
federal law regarding any personally identifiable information of Permitted Users or Customer's employees, and will hold
Mobile Beacon and its officers, directors and affiliates, harmless for any claims resulting from a breach of any such
privacy policies and applicable laws. For example, if Customer does not have permission to use a students' or
parent/guardian's name, Customer may attribute the feedback generally (e.g. "student in Grade [Xj" or"Parent").
iii. Customer agrees to use the Service and Equipment for the Grant Purpose for a minimum of 20 hours per week so long
as any applicable Subscription Term hereunder remains unexpired(the "Grant Period"). For Connect for Success grant
recipients, this requirement only applies while school is in session. If the Service associated with any Subscription is not
used for three consecutive months during (x) in the case of a Connect for Success Grant Recipient, the initial
Subscription Term, and (y)for all other Customers, the Grant Period, the Customer is required at its own expense to
return all Equipment (100% intact including the original boxes, all cords and plugs, batteries, body of the devices, and
pamphlets) to Mobile Beacon. Customer shall be responsible for the cost of any Equipment not returned 100% intact ani
free of defects.
iv. Customer also agrees to follow the communication plan provided by Mobile Beacon in communicating the Grant Prograr
to its local media and community.Additionally, Customer agrees to cooperate with Mobile Beacon in publicizing the gran
award and associated outcomes. Customer shall provide Mobile Beacon with the opportunity to review materials with ou
name and logo prior to publication. Such materials should be sent to grants@mobilebeacon.org and include details on
where the information will be posted or distributed and when.
v. Provided that Customer meets its obligations under subparts i, ii, and iii of this Section, Customer shall have no
obligation to return any of the Equipment at the end of the Grant Period. Additionally, unless terminated in accordance
with Section 6b, Customer has the right (but no obligation) to continue the Service at the end of the Grant Period by
renewing some or all of the Subscriptions associated with Equipment at Mobile Beacon's then-current rate.
Pricing, Other Charges and Payment Terms.
a. Subscription and Equipment Pricing & Payment. Pricing for Subscriptions (the "Subscription Fee") during the initial
Subscription Term, and the pricing for any associated Equipment, will be as set forth in the applicable Order (which also will
specify any applicable discount or no-charge items in the case of donations). Customer is responsible for payment of all
invoiced amounts within the time specified on the invoice. Payments are not subject to set off or withholding.
D. Taxes, Fees Other Charges.Customer is responsible for any and all applicable taxes, duties, fees, surcharges, account set
up fees or other costs payable in connection with the Service and Equipment, (including Equipment shipping costs), except
to the extent Customer can show with documentation satisfactory to Mobile Beacon that the transaction is lawfully exempt
from such taxes, fees, or other charges. Taxes, fees and other charges may vary from month to month. Mobile Beacon is no
required to provide advance notice of any such taxes, fees or other charges, except as may be required by law. Customer
agrees to pay any additional charges or fees, including interest and charges due to insufficient credit or insufficient funds or
delay in payment or failure to collect any applicable tax or governmental charge.
Publicity.
a. Customer may use or refer to the name, trademarks or logos of Mobile Beacon in any advertisement, publication or other
publication, other media or otherwise.
. Service Limitations & Restrictions.
a. Availability. The Service is not available in all locations and Permitted Users will only be able to access the Service when
within the operating range of the Provider's network, which may change from time in the sole discretion of the Provider. The
Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other
factors outside of Mobile Beacon's control. The Service and Equipment may not function in the event of a power failure or
disruption, and Permitted Users may be required to reset or reconfigure their Equipment or other hardware in order to use
the Service thereafter. Neither Mobile Beacon nor Provider assume any liability with regard to any failure or lack of
performance of the Service for any reason whatsoever.
b. Service Quality and Maintenance. The speed and bandwidth available to Equipment accessing the Service may vary for
variety of reasons. The Provider reserves the right to engage in reasonable network management to protect the overall
integrity of the Provider's network, including detecting malicious traffic patterns and attempting to prevent the distribution of
viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive
bandwidth users during periods of network congestion. In addition, Provider will perform maintenance on the Service, which
may include planned or unplanned interruptions of the Service. Customer acknowledges and agrees that neither Mobile
Beacon nor any of the other Mobile Beacon Parties (as defined in Section 8b will be responsible for any losses or damages
suffered by Customer, or anyone accessing the Service through Customer, as a result of any Service interruptions. Customs
acknowledges that the Service may not be available in all areas, and even within coverage areas Service availability, quality
signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. No credit or
adjustment will be made for interruptions or degradations of the Service except as agreed by Mobile Beacon in its discretion
or as required by applicable law.
c. Provider AUP, T&C. Use of the Service is subject to the Provider's then-current (i) acceptable use policy (the "Provider
AUP") and (ii) end user terms and conditions (the " Provider T&C"). The Provider AUP and Provider T&C (as they may
change from time to time) are incorporated herein by reference. You can view the Provider AUP and Provider T&C
at https://wwwt-t-mobile.cam/resnonsibilityiconsumer-info/policies/terms-of-use. These Provider AUPs and Provider T&Cs, a
well as their locations on the Provider websites, are subject to change without notice. The applicable Provider AUP and
Provider T&C are effective as of the date provided for on the Provider websites, which may be different than the time
changes to these TOS made on the Mobile Beacon website become effective.
d. Open Internet Rule Disclosures. Customer represents that it has read and understands Mobile Beacon's Open Internet
Transparency Rule Disclosures, as may be amended, which are available at n_�obilobeacon.orgilegal and are incorporated
herein by reference.
e. Usage Limits. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE
NOT CONTROLLED BY MOBILE BEACON AND ARE SUBJECT TO CHANGE. MOBILE BEACON MAY NOT RECEIVE
ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO
GIVE CUSTOMER ADVANCE NOTICE THEREOF.
f. Customer and Permitted User Prohibitions/Suspension of Services. Customer shall not permit any person who is not a
current Permitted User to access the Service, nor shall Customer permit anyone to resell Subscriptions or the Service or
Equipment, nor shall Customer grant any sublicense of any kind in respect of any aspect of the Service. CUSTOMER AND
PERMITTED USERS SHALL NOT ATTEMPT TO REVERSE-ENGINEER, INTERFERE OR TAMPER WITH, OR
OTHERWISE USE OR ABUSE THE SERVICE OR EQUIPMENT WITH THE INTENDED OR ACTUAL EFFECT OF
VIOLATING THESE TOS OR ANY PERSON'S INTELLECTUAL PROPERTY RIGHTS. CUSTOMER AND ITS PERMITTED
USERS ARE FURTHER PROHIBITED FROM ENGAGING IN ANY ACTIVITIES WITH REGARD TO THE SERVICE THAT
WOULD VIOLATE THE PROVIDER TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ENGAGING IN AN`
FRAUDULENT, UNLAWFUL, HARASSING, OR ABUSIVE ACTIVITIES, USING THE SERVICE IN A MANNER THAT COULI
PARTY. CUSTOMER'S SUBSCRIPTION(S)AND ITS PERMITTED USERS'ACCESS TO AND USE OF THE SERVICE
ASSOCIATED WITH SUCH SUBSCRIPTION(S) ARE SUBJECT TO IMMEDIATE SUSPENSION OR TERMINATION
WITHOUT NOTICE IF MOBILE BEACON, IN ITS SOLE DISCRETION, HAS A REASONABLE BASIS TO BELIEVE THAT
CUSTOMER OR ITS PERMITTED USER HAS ENGAGED IN ANY PROHIBITED ACTIVITY.
Compliance with Laws.
ustomer represents and warrants that it will comply with all applicable laws and regulations in connection with its performance
ider these TOS.
Term and Termination.
a. Term. The term of these TOS will commence on the Effective Date and, unless sooner terminated as permitted herein, will
continue in effect until all Subscriptions hereunder have expired or been terminated (the "Term"). The term of each individua
Subscription is described in Section 1, above.
D. Termination of Subscription or Suspension of Service
i. Mobile Beacon may suspend or terminate the Service, in whole or in part, with or without cause, at any time, including
without limitation for violations of the Provider Terms and Conditions. If Mobile Beacon terminates a Subscription without
cause more than one month prior to the expiration of a Subscription, Mobile Beacon will issue a refund of Subscription
Fees paid for full, unused months remaining on the then-current Subscription Term.
ii. Customer may terminate Service, in whole or in part, with or without cause at any time. Except as referenced in this
Section 6bii), Customer shall not be entitled to any refund or credit from Mobile Beacon under these TOS in respect of
such terminated Service except in the following cases:
A. Where Customer returns Equipment for a refund in accordance with Mobile Beacon's Refund Policy located
at mobilebeaco n.orcLiegal.
B. Where Mobile Beacon terminates a Subscription without cause more than one month prior to the expiration of a
Subscription, Mobile Beacon will issue a refund of Subscription Fees paid for full, unused months remaining on the
then-current Subscription Term.
C. To the extent Customer has complied with the provisions thereof, a limited refund will be provided as set forth in
Sections 10 (Service Modification and Discontinuation) and 11 (Change to Terms).
iii. Effect of Termination. Upon expiration or termination of a Subscription for any reason, all rights of access to and use of
the Service under the Subscription shall automatically terminate and Customer will cause Permitted Users to immediatel
cease use of the Service.
Customer Representations and Warranties. Customer represents and warrants that:
a. it is either (i) an accredited school, college or university or has been identified in writing by Mobile Beacon as an otherwise
qualifying educational institution, or (ii) a nonprofit organization described in Section 501 of the Internal Revenue Code of
1986, as amended (the "Code"), or has been identified by Mobile Beacon in writing as an otherwise qualifying nonprofit
organization, or (iii) is an academic or public library, housing authority, or has been identified by Mobile Beacon in writing as
qualifying social welfare organization,
b. it (i) has received a recognition of exemption under Section 501(c) of the Code, (ii) is listed on http://www.guidestar.org for
nonprofits or https://data.imis,gov for libraries or (iii) has otherwise been identified by Mobile Beacon in writing as a qualifyinc
organization,
with these TOS,
d. it has obtained such approvals as may be required to enter into these TOS and the executing individual has the authority to
bind Customer to these TOS,
e. all information provided to Mobile Beacon by or on behalf of Customer is and will continue to be accurate, complete, and
current;
f. it it will not make or publish any representations, warranties or guarantees on behalf of Mobile Beacon or any of the other
Mobile Beacon Parties or the Provider concerning the availability, performance, or functionality of the Service; and obtained
such approvals as may be required to enter into these TOS and the executing individual has the authority to bind Customer
to these TOS,
g. it will keep Mobile Beacon informed of any problems with the Service and the related resolution of such problems.
. Limitation on Warranties; Disclaimer.
a. Limited Warranty. To the extent Mobile Beacon has the power and authority to do so, Mobile Beacon will pass through to
Customer any manufacturer's warranty for the Equipment.
b. Disclaimer of Warranties. CUSTOMER ACKNOWLEDGES THAT NEITHER MOBILE BEACON, ITS RELATED ENTITIES,
PARENT ORGANIZATION, OR ITS SUPPLIERS, INCLUDING WITHOUT LIMITATION NORTH AMERICAN CATHOLIC
EDUCATIONAL PROGRAMMING FOUNDATION INC (COLLECTIVELY THE "MOBILE BEACON PARTIES") HAS MADE
ANY WARRANTIES UNDER THESE TOS OR OTHERWISE, AND CUSTOMER HEREBY DISCLAIMS ALL WARRANTIES
OR REPRESENTATIONS, EXPRESS OR IMPLIED BY THE MOBILE BEACON PARTIES WITH REGARD TO THE
SERVICE OR THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTIES
ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALL USE OF THE SERVICE AND EQUIPMENT
IS AT THE CUSTOMER'S OR PERMITTED USER'S OWN RISK. THE SERVICE AND EQUIPMENT ARE AVAILABLE ON
AN "AS IS"AND "AS AVAILABLE" BASIS EXCEPT AS EXPRESSLY PROVIDED HEREIN.
. Support Services.
xcept as expressly set forth in these TOS, Mobile Beacon shall have no obligations with respect to the Service. For questions
bout Customer's account, billing, or customer support, please contact Mobile Beacon by emailing service@mchilebeacon.org.
:xcept for any basic troubleshooting or technical support that Mobile Beacon may provide, technical support requests will be
)uted to and are the responsibility of the Provider (collectively, the "Support Services"). Support Services are subject to
:ustomer and its Permitted Users' use of the Service and Equipment in accordance with these TOS. Mobile Beacon or the
'rovider may need to access Equipment or related hardware or software in order to provide Support Services. Defective
.quipment must be returned as provided under Mobile Beacon's Defective Device Replacement Policy available
t moobilebeacon_org;legal. NO MOBILE BEACON PARTY IS RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OTHEI
1OBILE BEACON PARTY OR THIRD PARTIES IN CONNECTION WITH SUPPORT SERVICES. Provider will only provide
,upport Services for Equipment purchased through Mobile Beacon, T-Mobile, or an authorized T-Mobile dealer.
0. Service Modification and Discontinuation.
lobile Beacon and the Provider reserve the right at any time to in any way modify, edit, suspend or discontinue the Service or
ie Support Services made available hereunder with or without notice, including without limitation by modification to the TOS as
ley appear on Mobile Beacon's website from time to time. In the event of Service discontinuation or of Service changes causinc
material adverse effect on the quality or availability of Service, the Customer may, as its sole and exclusive remedy arising out
Bacon Parties shall be to pay Customer a refund of Subscription Fees previously paid for full, unused months remaining on the
en-current Subscription Term.
I. Changes to Terms.
-IE TERMS OF THESE TOS MAY BE MODIFIED AT ANY TIME AND FROM TIME TO TIME BY MOBILE BEACON AS
ROVIDED IN THE FIRST UNNUMBERED PARAGRAPH OF THESE TOS ENTITLED "IMPORTANT— READ CAREFULLY."
'ithout limiting the generality of the foregoing, Mobile Beacon also reserves the right to make modifications to the terms of
ese TOS as may reasonably be needed to comply with applicable laws or to account for changes in Mobile Beacon's business
)urse of dealing with the Provider, or other factors. The Provider also reserves the right to change or update the Provider AUP
id Provider T&C at any time. Mobile Beacon or the Provider (as the case may be) will reflect such changes on the Mobile
sacon website or the website of the Provider, as indicated above, which the parties consider a reasonable means of notice of
Bch changes to Customer.All such changes will be deemed effective as provided above. If such modifications are not agreeabl.
Customer or to Permitted Users, Customer may elect (as its sole and exclusive remedy) to terminate the affected
ubscriptions and receive a refund of Subscription Fees paid for full, unused months remaining on the then-current Subscription
?rm.
Z. Indemnification.
ustomer shall defend, indemnify and hold harmless Mobile Beacon and the other Mobile Beacon Parties from and against any
aims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties
icluding any Permitted User) resulting from or relating to: (a) any acts, omissions or breach of the representations and
arranties in these TOS of or by Customer; or (b) any acts, omissions or breach of these TOS by Permitted Users or any other
Ser receiving access to the Service through Customer.
3. Limitation of Liability.
D THE FULLEST EXTENT PERMITTED BY LAW, THE MOBILE BEACON PARTIES' CUMULATIVE LIABILITY TO
USTOMER AND TO ANY PERMITTED USER AND TO ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF OR
ELATING TO THESE TOS WILL BE LIMITED TO THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER TO MOBILE
EACON IN THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE FIRST CLAIM AROSE. MULTIPLE CLAIMS
TILL NOT ENLARGE THIS LIMIT. THE MOBILE BEACON PARTIES WILL HAVE NO LIABILITY WITH REGARD TO ANY
EFECT OR FAILURE OF THE SERVICE, EQUIPMENT, OR SUPPORT SERVICES, ANY LACK OR BREACHES OF
ECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF CUSTOMER'S OR ANY PERMITTED USER'S DAT/
NY COST OF OBTAINING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. FURTHER, IN NO EVENT WILL THE
OBILE BEACON PARTIES BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR
XEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS
JTERRUPTION, OR LOSS OF BUSINESS INFORMATION)ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF
R INABILITY TO USE THE SERVICE OR THE EQUIPMENT, UNDER ANY THEORY, WHETHER CONTRACT, TORT,
EGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY EVE!'
SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF
UCH DAMAGES.
4.Assignment.
ustomer's rights under these TOS may not be transferred, leased, assigned, or sublicensed, including without limitation to any
accessor in interest, without the prior written consent of Mobile Beacon. Any purported attempt to transfer, lease, assign or
Ablicense Customer's rights without the consent of Mobile Beacon will be void, and Mobile Beacon may immediately terminate
uccessors and permitted assigns.
5. Governing Law & Venue
,ny question, controversy or dispute arising out of or related to these TOS (a "Dispute") shall be governed by and interpreted in
ccordance with the laws of the State of Rhode Island, without regard to its choice of law provisions. Any actions or proceedings
rising out of or relating to these TOS shall be brought in a state or federal court sitting in Rhode Island and the parties
revocably submit to the exclusive jurisdiction of such courts in any such action or proceeding and irrevocably waive the defens(
f an inconvenient forum to the maintenance of such action or proceeding. To the extent permitted by applicable law, the parties
ereby expressly waive the right to a trial by jury.
6. Content and Security.
a. Customer acknowledges that the internet and wireless communications are not inherently secure means of data
communication, and agrees that the Mobile Beacon Parties shall have no liability for breaches of security beyond their
reasonable control, including, without limitation, Customer's negligence with respect to controlling access to the Service or
Customer's data. It is the sole responsibility of Customer to obtain and implement appropriate security devices, software, an
other measures (including without limitation firewalls) to protect Customer's systems and data from theft, viruses, worms,
Trojan horses, or other security threats, and the Mobile Beacon Parties have no responsibility or liability with regard thereto.
b. Any material downloaded or otherwise obtained through use of the Service is accessed at Customer's and Permitted Users'
own discretion and risk. The Mobile Beacon Parties do not control and are not responsible for any third-party websites, tools
content, services or products that Customer or a Permitted User may access or encounter during use of the Service,
including without limitation the Provider's content filtering tool. Customer may request that Mobile Beacon enable the
Provider's content-filtering tool for specified Equipment to block sites or content determined inappropriate in accordance witt
the Children's Internet Protection Act (CIPA). The Provider's content filtering tool is not guaranteed to be 100% accurate and
can only filter web pages accessed via the Provider's network (it does not filter emails, SMS, MMS, applications or anything
else which is not accessed through a web browser). The Provider's content filtering tool does not work if the Equipment is
roaming or using WiFi. Customer agrees the Mobile Beacon Parties have no responsibility or liability with regard thereto.
c. The Provider's network management practices may entail the inspection and storage of network traffic, the provision of
network traffic to third parties and/or the use of network traffic for non-network management purposes. For further
information, please refer to the Provider Terms and Conditions, which form a part of these TOS. The Mobile Beacon Parties
and the Provider also have the right to take actions either of them deem reasonably necessary to protect any individual or
entity, comply with applicable laws, regulations, or government requests, or to enforce the terms of these TOS.
7. Notices.
xcept where notice is not required to be given by Mobile Beacon or may be given by changes reflected on the Mobile Beacon
rebsite as provided above, including in Section 11, all notices, required or permitted under these TOS (each a "Notice") shall be
elivered in writing by courier, overnight delivery, or by certified or registered mail (postage prepaid and return receipt requested
the other party at its address set forth in the Order in the case of the Customer and in the case of Mobile Beacon and the
lobile Beacon Parties, on its website identified above, or Notice may be given by confirmed electronic delivery by email at the
ddress set forth on the Order in the case of the Customer or at the email address set forth of Mobile Beacon's website in the
ase of Mobile Beacon. Either party may change to the notice address by Notice to the other party.
8. General.
ervice or Mobile Beacon's performance of these TOS to the extent that such failure is due to acts of God, failure of suppliers or
her causes beyond its control or by reason of a change in the Service. If any part of these TOS is found invalid (including
ithout limitation any conflict with any applicable law or regulation) such invalidity will not affect the remaining portions of these
DS, and the parties will substitute for the invalid provision a provision that most closely approximates the intent and economic
fect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the
her party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These TOS,
gether with such modifications as may be adopted pursuant to Section 11 constitute the complete agreement between
ustomer and Mobile Beacon with respect to the subject matter hereof and supersedes all proposals (oral or written), all previou
sgotiations, and all other communications, including without limitation communications on the website of any Mobile Beacon,
(cept as set forth above.
(c ))
mobilebeacon
UPDATED March 11, 2024 AT 1 PM EST
IMPORTANT— READ CAREFULLY: THESE DIRECT CUSTOMER TERMS OF SERVICE, as they may
be amended as hereinafter provided, form a binding legal agreement(these"TOS") between Educational
Broadband Service Agency LLC d/b/a Mobile Beacon ("Mobile Beacon") and the entity listed in the
signature fields below (hereinafter, the "Customer" or "you" or "your"). These TOS govern Customer's
access to and use of the wireless broadband service that Mobile Beacon makes available under these
TOS (the "Service"). THESE TOS ARE EFFECTIVE WHEN EXECUTED AS PROVIDED BELOW
("EFFECTIVE DATE"). THESE TOS APPEAR ON MOBILE BEACON'S WEBSITE AND MAY BE
MODIFIED AT ANY TIME BY MOBILE BEACON BY POSTING A REVISION ON ITS WEBSITE,
WHICH REVISION SHALL BECOME EFFECTIVE AND BINDING ON THE PARTIES HERETO ONE
WEEK AFTER POSTING. See Section 11 below. IT IS CUSTOMER'S RESPONSIBILITY TO MONITOR
THE WEBSITE FOR SUCH UPDATES TO THESE TOS.
BY SIGNING BELOW, OR BY CUSTOMER'S ACCESS TO OR USE OF THE SERVICE, CUSTOMER
AGREES TO BE BOUND BY THESE TOS, AND THE PERSON SIGNING BELOW ON BEHALF OF
CUSTOMER CERTIFIES THAT THE PERSON SO EXECUTING THESE TOS HAS THE POWER AND
AUTHORITY TO BIND CUSTOMER TO THESE TOS.
1) Scope of Agreement.
a) Subscriptions for Service. Subject to Customer's continued compliance with the terms and
conditions of these TOS (including timely payment of applicable fees), Mobile Beacon will make
the Service available to Customer for use by Customer's Permitted Users (defined below) based
on the number of subscriptions (each, a "Subscription") either (i) purchased in an order placed
with Mobile Beacon or (ii) provided to Customer through a donation made by Mobile Beacon (each
an "Order"). ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TOS ARE RESERVED BY
MOBILE BEACON. NEITHER CUSTOMER NOR ANY PERMITTED USER IS GRANTED ANY
RIGHTS TO ANY FIRMWARE OR SOFTWARE UNDER THESE TOS.
b) Subscription Term. The initial term of each Subscription shall be as set forth in the applicable
Order and, subject to these TOS, Service availability and any applicable price adjustments then in
effect. For all other Subscriptions, Mobile Beacon will attempt to contact Customer by email at the
last email address provided to Mobile Beacon by Customer to(i) inform Customer when Customer's
Subscription Term is drawing to a close and (ii) provide Customer with a form to renew Service for
an additional Subscription Term. If Mobile Beacon does not receive payment in full for any
applicable additional Subscription Term, Mobile Beacon reserves the right to immediately suspend
or terminate Customer's use of the Service for the applicable Subscription(s). The initial
Subscription Term and any subsequent renewal Subscription Term are each a "Subscription
Term."
c) Equipment. Customer is responsible for ordering through Mobile Beacon the equipment needed
for its Permitted Users' use of the Service ("Equipment"). Requirements for Equipment
compatibility with Provider's network are set forth on www.t-mobile.com. MOBILE BEACON IS
NOT RESPONSIBLE FOR ANY FAILURE OF THE EQUIPMENT TO FUNCTION PROPERLY
WITH THE SERVICE. IN ADDITION, CUSTOMER IS RESPONSIBLE FOR ENSURING THAT ALL
EQUIPMENT AND ANY ASSOCIATED COMPONENT THEREOF MEET THE MINIMUM
TECHNICAL REQUIREMENTS POSTED ON PROVIDER'S WEBSITE. Equipment will be shipped
activated and authenticated by the Provider. All Equipment is delivered Free On Board (F.O.B.)
Destination unless otherwise agreed. Title to purchased Equipment will pass upon receipt of full
payment. Customer is responsible for maintaining documentation of the serial number for all
Equipment as this information is required to provide technical support services or to request a
refund or replacement for defective Equipment as provided for in Section 1f. The serial number is
located on the factory sticker of the box the Equipment came in, under the battery of the Equipment.,
or on the back cover of the device.
d) Permitted Users.
i) "Permitted Users" means only those individuals who at all times during a Subscription Term
are
(1) users, recipients, or beneficiaries of Customer's educational, nonprofit, or social welfare
programs or services, or (ii) employees, volunteers, or independent contractors of
Customer, and who, in each case, (A) acknowledge to Customer that they have been (x)
provided a copy of the then-current TOS or Permitted User Minimum Terms of Service
available at www.mobilebeacon.ora/leaai, and (y) advised to monitor updates to these
Permitted User Minimum Terms of Service on Mobile Beacon's website, and (B) are not in
violation of these TOS or the Permitted User Minimum Terms of Service.
ii) Termination of Permitted User Status. Customer will notify Mobile Beacon immediately upon
Customer becoming aware of any unauthorized use of a Permitted User's account, any
suspected security breach, or any failure by a Permitted User to comply with these TOS. Once
a person ceases to be a Permitted User for any reason, Customer shall take such action as is
necessary to ensure that such individual no longer makes use of or accesses the Service and
shall (i) attempt to reclaim possession of the Equipment from such person, and (ii) email
service aemobilebeacon.orc; with(A)the serial number of any Equipment in the former Permitted
User's possession (the serial number is located on the factory sticker under the battery of such
Equipment, or on the back cover of the device) and (B) request Mobile Beacon to disable
access to the Service by the Equipment until such time as Customer has reclaimed possession
of the Equipment and requests that access to the Service be enabled.
iii) Additional Obligations Regarding Permitted Users. Customer will make the Service
available to Permitted Users only pursuant to arrangements whereby Permitted Users are made
aware of prohibited activity and their obligations under the Permitted User Minimum Terms of
Service, including checking Mobile Beacon's website for any changes to these terms. Customer
shall remind each Permitted User at least annually during the Subscription Term, of the conduct
2
expected of Permitted Users. Customer shall maintain documentation of the serial number of
any Equipment in the possession of a Permitted User.
e) Limitations Resulting from Third-Party Provider. Customer understands and agrees that the
Service is provided by a third party, who may change from time to time (the "Provider"). As of the
Effective Date, the Provider is T-Mobile USA. The state of the network migration and the identity of
the Provider may change at any time. MOBILE BEACON,AS A DISTRIBUTOR OF THE SERVICE,
DOES NOT ASSUME RESPONSIBILITY FOR THE AVAILABILITY OF THE SERVICE OR THE
CONDUCT OF THE PROVIDER. For example, Mobile Beacon does not control or assume
responsibility for congestion management, block or rate-control protocols or protocol ports, inhibit
or favor any particular applications, impose user device rules or provide end-user security
functionality. Customer further understands and agrees on its behalf and on behalf of its Permitted
Users that the underlying technology and availability of the Service could change after the Effective
Date in a manner causing changes or disruptions to the Service ("Provider Service Change").ANY
CHANGE TO OR DISRUPTION OF THE SERVICE IN CONNECTION WITH THE FOREGOING
SHALL NOT CONSTITUTE A BREACH OF THESE TOS.
f) REFUND AND RETURN POLICIES. Mobile Beacon provides a Limited Refund Policy for new
Equipment ordered through Mobile Beacon. Mobile Beacon also provides a Defective Device
Replacement Policy for certain Equipment. The current terms of these policies are located at the
following website address: www.mobilebeacon.ord/legal and their terms are incorporated in these
TOS by reference, and like these TOS, the terms of these policies may be modified at any time by
Mobile Beacon upon posting a revision to its website, which shall become binding on the Customer
one week after such posting.
g) Additional Obligations of Grant Recipients. The following terms apply only to Customers who are
recipients of donations (each a "Grant Recipient") through Mobile Beacon's Connect for
Success and Wi-Fly grant programs (each, a "Grant Program"):
i. In connection with the Grant Programs and for the purposes described in the Customer's
grant application to Mobile Beacon ("Grant Purpose"), during the initial Subscription Term,
Customer agrees to complete the Mobile Beacon's feedback and evaluation requirements,
which include submitting a six-month and 12-month written report in the format provided by
Mobile Beacon. If Customer fails to complete and provide these reports to Mobile Beacon at
the appropriate times, Customer shall return all Equipment to Mobile Beacon at Customer's
expense within 30 days.
ii. In connection with the above written reports, and in compliance with Customer's privacy
policies and applicable privacy laws, Customer agrees to provide feedback, testimonials,
stories and photographs of Permitted Users and/or Customer's staff or program administrators
to demonstrate how the Service and Equipment were used for the Grant Purpose during the
initial Subscription Term. Customer is responsible for securing any required
permission/release from individuals for any personally identifiable information prior to
submitting to Mobile Beacon. For all such material provided to Mobile Beacon, Customer
grants Mobile Beacon and its affiliates the right to edit, use, and reuse this content in future
3
publications, marketing materials, case studies, social media, or other public communications.
Customer represents and warrants that any such materials provided to Mobile Beacon adhere
to Customer's privacy policies as well as state and federal law regarding any personally
identifiable information of Permitted Users or Customer's employees, and will hold Mobile
Beacon and its officers, directors and affiliates, harmless for any claims resulting from a
breach of any such privacy policies and applicable laws. For example, if Customer does not
have permission to use a students' or parent/guardian's name, Customer may attribute the
feedback generally (e.g. "student in Grade [X]" or"Parent").
iii.Customer agrees to use the Service and Equipment for the Grant Purpose for a minimum of
20 hours per week so long as any applicable Subscription Term hereunder remains
unexpired(the"Grant Period"). For Connect for Success grant recipients, this requirement only
applies while school is in session. If the Service associated with any Subscription is not used
for three consecutive months during (x) in the case of a Connect for Success Grant Recipient,
the initial Subscription Term, and (y) for all other Customers, the Grant Period, the Customer
is required at its own expense to return all Equipment (100% intact including the original
boxes, all cords and plugs, batteries, body of the devices, and pamphlets) to Mobile Beacon.
Customer shall be responsible for the cost of any Equipment not returned 100% intact and
free of defects.
iv.Customer also agrees to follow the communication plan provided by Mobile Beacon in
communicating the Grant Program to its local media and community. Additionally, Customer
agrees to cooperate with Mobile Beacon in publicizing the grant award and associated
outcomes. Customer shall provide Mobile Beacon with the opportunity to review materials with
our name and logo prior to publication. Such materials should be sent to
ctrantsamobilebeacon.orq and include details on where the information will be posted or
distributed and when.
v. Provided that Customer meets its obligations under subparts i, ii, and iii of this Section,
Customer shall have no obligation to return any of the Equipment at the end of the Grant
Period. Additionally, unless terminated in accordance with Section 6b, Customer has the right
(but no obligation) to continue the Service at the end of the Grant Period by renewing some
or all of the Subscriptions associated with Equipment at Mobile Beacon's then-current rate.
2) Pricing, Other Charges and Payment Terms.
a) Subscription and Equipment Pricing & Payment. Pricing for Subscriptions (the "Subscription
Fee") during the initial Subscription Term, and the pricing for any associated Equipment, will be as
set forth in the applicable Order (which also will specify any applicable discount or no-charge items
in the case of donations). Customer is responsible for payment of all invoiced amounts within the
time specified on the invoice. Payments are not subject to set off or withholding.
b) Taxes, Fees & Other Charges. Customer is responsible for any and all applicable taxes, duties,
fees, surcharges, account set-up fees or other costs payable in connection with the Service and
Equipment, (including Equipment shipping costs), except to the extent Customer can show with
documentation satisfactory to Mobile Beacon that the transaction is lawfully exempt from such
4
taxes, fees, or other charges. Taxes,fees and other charges may vary from month to month. Mobile
Beacon is not required to provide advance notice of any such taxes, fees or other charges, except
as may be required by law. Customer agrees to pay any additional charges or fees, including interest
and charges due to insufficient credit or insufficient funds or delay in payment or failure to collect any
applicable tax or governmental charge.
3) Publicity.
i. Customer may use or refer to the name, trademarks or logos of Mobile Beacon in any
advertisement, publication or other media with Mobile Beacon's prior written consent.
ii. Customer may not use or refer to the name, trademarks or logos of Provider or any of its
affiliates in any advertisement, publication, other media or otherwise.
4) Service Limitations & Restrictions.
a) Availability. The Service is not available in all locations and Permitted Users will only be able to
access the Service when within the operating range of the Provider's network, which may change
from time in the sole discretion of the Provider. The Service may be disrupted or unavailable from
time to time due to maintenance, emergencies, inclement weather or other factors outside of Mobile
Beacon's control. The Service and Equipment may not function in the event of a power failure or
disruption, and Permitted Users may be required to reset or reconfigure their Equipment or other
hardware in order to use the Service thereafter. Neither Mobile Beacon nor Provider assume any
liability with regard to any failure or lack of performance of the Service for any reason whatsoever.
b) Service Quality and Maintenance. The speed and bandwidth available to Equipment accessing
the Service may vary for a variety of reasons. The Provider reserves the right to engage in
reasonable network management to protect the overall integrity of the Provider's network, including
detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other
malicious code, and through techniques such as reducing the aggregate bandwidth available to
excessive bandwidth users during periods of network congestion. In addition, Provider will perform
maintenance on the Service, which may include planned or unplanned interruptions of the Service.
Customer acknowledges and agrees that neither Mobile Beacon nor any of the other Mobile Beacon
Parties (as defined in Section 8b will be responsible for any losses or damages suffered by
Customer, or anyone accessing the Service through Customer, as a result of any Service
interruptions. Customer acknowledges that the Service may not be available in all areas, and even
within coverage areas Service availability, quality, signal strength and network speeds may vary, be
lower than advertised or be insufficient for use of the Service. No credit or adjustment will be made
for interruptions or degradations of the Service except as agreed by Mobile Beacon in its discretion
or as required by applicable law.
c) Provider AUP, T&C. Use of the Service is subject to the Provider's then-current (i) acceptable use
policy (the "Provider AUP") and (ii) end user terms and conditions (the " Provider T&C"). The
Provider AUP and Provider T&C (as they may change from time to time) are incorporated herein
by reference. You can view its Provider AUP and Provider T&C at https://www.t-
mobile.com/responsibility/consumer-info/policies/terms-of-use. These Provider AUPs and
Provider T&Cs, as well as their locations on the Provider websites, are subject to change without
5
notice. The applicable Provider AUP and Provider T&C are effective as of the date provided for on
the Provider websites, which may be different than the time changes to these TOS made on the
Mobile Beacon website become effective.
d) Open Internet Rule Disclosures. Customer represents that it has read and understands Mobile
Beacon's Open Internet Transparency Rule Disclosures, as may be amended, which are available
at rnobilebeacon.oro/legal and are incorporated herein by reference.
e) Usage Limits. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE
PROVIDER, WHICH ARE NOT CONTROLLED BY MOBILE BEACON AND ARE SUBJECT TO
CHANGE. MOBILE BEACON MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES
FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE CUSTOMER
ADVANCE NOTICE THEREOF.
f) Customer and Permitted User Prohibitions/Suspension of Services. Customer shall not permit
any person who is not a current Permitted User to access the Service, nor shall Customer permit
anyone to resell Subscriptions or the Service or Equipment, nor shall Customer grant any
sublicense of any kind in respect of any aspect of the Service. CUSTOMER AND PERMITTED
USERS SHALL NOT ATTEMPT TO REVERSE-ENGINEER, INTERFERE OR TAMPER WITH,
OR OTHERWISE USE OR ABUSE THE SERVICE OR EQUIPMENT WITH THE INTENDED OR
ACTUAL EFFECT OF VIOLATING THESE TOS OR ANY PERSON'S INTELLECTUAL
PROPERTY RIGHTS. CUSTOMER AND ITS PERMITTED USERS ARE FURTHER PROHIBITED
FROM ENGAGING IN ANY ACTIVITIES WITH REGARD TO THE SERVICE THAT WOULD
VIOLATE THE PROVIDER TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION,
ENGAGING IN ANY FRAUDULENT, UNLAWFUL, HARASSING, OR ABUSIVE ACTIVITIES,
USING THE SERVICE IN A MANNER THAT COULD DAMAGE ANY PROPERTY OF ANY OTHER
PERSON, OR OTHERWISE INTERFERING WITH THE SERVICE, OR VIOLATING ANY
FEDERAL, STATE, OR LOCAL LAW, REGULATION OR RULE, OR THE RIGHTS OF ANY THIRD
PARTY. CUSTOMER'S SUBSCRIPTION(S) AND ITS PERMITTED USERS' ACCESS TO AND
USE OF THE SERVICE ASSOCIATED WITH SUCH SUBSCRIPTION(S) ARE SUBJECT TO
IMMEDIATE SUSPENSION OR TERMINATION WITHOUT NOTICE IF MOBILE BEACON, IN ITS
SOLE DISCRETION, HAS A REASONABLE BASIS TO BELIEVE THAT CUSTOMER OR ITS
PERMITTED USER HAS ENGAGED IN ANY PROHIBITED ACTIVITY.
5) Compliance with Laws. Customer represents and warrants that it will comply with all applicable laws
and regulations in connection with its performance under these TOS.
6) Term and Termination.
a) Term. The term of these TOS will commence on the Effective Date and, unless sooner terminated
as permitted herein, will continue in effect until all Subscriptions hereunder have expired or been
terminated (the "Term"). The term of each individual Subscription is described in Section 1,above.
b) Termination of Subscription or Suspension of Service.
6
i. Mobile Beacon may suspend or terminate the Service, in whole or in part,with or without cause,
at any time, including without limitation for violations of the Provider Terms and Conditions. If
Mobile Beacon terminates a Subscription without cause more than one month prior to the
expiration of a Subscription, Mobile Beacon will issue a refund of Subscription Fees paid for full,
unused months remaining on the then-current Subscription Term.
ii. Customer may terminate Service, in whole or in part, with or without cause at any time. Except
as referenced in this Section 6bii), Customer shall not be entitled to any refund or credit from
Mobile Beacon under these TOS in respect of such terminated Service except in the following
cases:
A. Where Customer returns Equipment for a refund in accordance with Mobile Beacon's
Limited Refund Policy located at www.mobilebeacon.ora/legal.
B. Where Mobile Beacon terminates a Subscription without cause more than one month
prior to the expiration of a Subscription, Mobile Beacon will issue a refund of
Subscription Fees paid for full, unused months remaining on the then-current
Subscription Term.
C. To the extent Customer has complied with the provisions thereof, a limited refund will
be provided as set forth in Sections 10 (Service Modification and Discontinuation) and
11 (Change to Terms).
c) Effect of Termination. Upon expiration or termination of a Subscription for any reason, all rights of
access to and use of the Service under the Subscription shall automatically terminate and Customer
will cause Permitted Users to immediately cease use of the Service.
7) Customer Representations and Warranties. Customer represents and warrants that:
a. it is either(i) an accredited school, college or university or has been identified in writing by Mobile
Beacon as an otherwise qualifying educational institution, or (ii) a nonprofit organization
described in Section 501 of the Internal Revenue Code of 1986, as amended (the "Code"), or
has been identified by Mobile Beacon in writing as an otherwise qualifying nonprofit organization,
or(iii) is an academic or public library, housing authority, or has been identified by Mobile Beacon
in writing as a qualifying social welfare organization,
b. it (i) has received a recognition of exemption under Section 501(c) of the Code, (ii) is listed on
htto://www.auidestar.oro for nonprofits https:/data.imis.gov for libraries or (iii) has otherwise
been identified by Mobile Beacon in writing as a qualifying organization,
c. it will not permit anyone who is not a Permitted User to access the Service and will monitor its
Permitted Users in compliance with these TOS,
d. it has obtained such approvals as may be required to enter into these TOS and the executing
individual has the authority to bind Customer to these TOS,
e. all information provided to Mobile Beacon by or on behalf of Customer is and will continue to be
accurate, complete, and current;
7
f. it will not make or publish any representations, warranties or guarantees on behalf of Mobile
Beacon or any of the other Mobile Beacon Parties or the Provider concerning the availability,
performance, or functionality of the Service; and
g. it will keep Mobile Beacon informed of any problems with the Service and the related resolution
of such problems.
8) Limitation on Warranties; Disclaimer.
a) Limited Warranty. To the extent Mobile Beacon has the power and authority to do so, Mobile
Beacon will pass through to Customer any manufacturer's warranty for the Equipment.
b) Disclaimer of Warranties. CUSTOMER ACKNOWLEDGES THAT NEITHER MOBILE BEACON,
ITS RELATED ENTITIES, PARENT ORGANIZATION, OR ITS SUPPLIERS, INCLUDING
WITHOUT LIMITATION NORTH AMERICAN CATHOLIC EDUCATIONAL PROGRAMMING
FOUNDATION INC (COLLECTIVELY THE "MOBILE BEACON PARTIES") HAS MADE ANY
WARRANTIES UNDER THESE TOS OR OTHERWISE, AND CUSTOMER HEREBY DISCLAIMS
ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED BY THE MOBILE
BEACON PARTIES WITH REGARD TO THE SERVICE OR THE EQUIPMENT, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALL
USE OF THE SERVICE AND EQUIPMENT IS AT THE CUSTOMER'S OR PERMITTED USER'S
OWN RISK. THE SERVICE AND EQUIPMENT ARE AVAILABLE ON AN "AS IS" AND "AS
AVAILABLE"BASIS EXCEPT AS EXPRESSLY PROVIDED HEREIN.
9.Support Services. Except as expressly set forth in these TOS, Mobile Beacon shall have no
obligations with respect to the Service. For questions about Customer's account, billing, or customer
support, please contact Mobile Beacon by emailing ,,ervice(c�mobilebeacon.oru. Except for any basic
troubleshooting or technical support that Mobile Beacon may provide, technical support requests will
be routed to and are the responsibility of the Provider (collectively, the "Support Services"). Support
Services are subject to Customer and its Permitted Users' use of the Service and Equipment in
accordance with these TOS. Mobile Beacon or the Provider may need to access Equipment or related
hardware or software in order to provide Support Services. Defective Equipment must be returned as
provided under Mobile Beacon's Defective Device Replacement Policy available at
www.mobilebeacon.ora/leoal. NO MOBILE BEACON PARTY IS RESPONSIBLE FOR THE ACTS OR
OMISSIONS OF ANY OTHER MOBILE BEACON PARTY OR THIRD PARTIES IN CONNECTION
WITH SUPPORT SERVICES. Provider will only provide Support Services for Equipment purchased
through Mobile Beacon, T-Mobile, or an authorized T-Mobile dealer.
10. Service Modification and Discontinuation. Mobile Beacon and the Provider reserve the right at
any time to in any way modify, edit, suspend or discontinue the Service or the Support Services made
available hereunder with or without notice, including without limitation by modification to the TOS as
they appear on Mobile Beacon's website from time to time. In the event of Service discontinuation or of
8
Service changes causing a material adverse effect on the quality or availability of Service,the Customer
may, as its sole and exclusive remedy arising out of this Section 10,terminate the affected Subscriptions
and the sole and exclusive liability of Mobile Beacon and the Mobile Beacon Parties shall be to pay
Customer a refund of Subscription Fees previously paid for full, unused months remaining on the then-
current Subscription Term.
11. Changes to Terms. THE TERMS OF THESE TOS MAYBE MODIFIED AT ANY TIME AND FROM
TIME TO TIME BY MOBILE BEACON AS PROVIDED IN THE FIRST UNNUMBERED PARAGRAPH
OF THESE TOS ENTITLED "IMPORTANT— READ CAREFULLY." Without limiting the generality
of the foregoing, Mobile Beacon also reserves the right to make modifications to the terms of these
TOS as may reasonably be needed to comply with applicable laws or to account for changes in Mobile
Beacon's business, course of dealing with the Provider, or other factors. The Provider also reserves
the right to change or update the Provider AUP and Provider T&C at any time. Mobile Beacon or the
Provider (as the case may be) will reflect such changes on the Mobile Beacon website or the website
of the Provider, as indicated above, which the parties consider a reasonable means of notice of such
changes to Customer. All such changes will be deemed effective as provided above. If such
modifications are not agreeable to Customer or to Permitted Users, Customer may elect (as its sole
and exclusive remedy) to terminate the affected Subscriptions and receive a refund of Subscription
Fees paid for full, unused months remaining on the then-current Subscription Term.
12. Indemnification. Customer shall defend, indemnify and hold harmless Mobile Beacon and the
other Mobile Beacon Parties from and against any claims, suits, losses, damages, liabilities, costs, and
expenses(including reasonable attorneys'fees) brought by third parties(including any Permitted User)
resulting from or relating to: (a) any acts, omissions or breach of the representations and warranties in
these TOS of or by Customer; or (b) any acts, omissions or breach of these TOS by Permitted Users
or any other user receiving access to the Service through Customer.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOBILE
BEACON PARTIES' CUMULATIVE LIABILITY TO CUSTOMER AND TO ANY PERMITTED USER AND
TO ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TOS WILL BE
LIMITED TO THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER TO MOBILE BEACON IN THE
TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE FIRST CLAIM AROSE. MULTIPLE
CLAIMS WILL NOT ENLARGE THIS LIMIT. THE MOBILE BEACON PARTIES WILL HAVE NO
LIABILITY WITH REGARD TO ANY DEFECT OR FAILURE OF THE SERVICE, EQUIPMENT, OR
SUPPORT SERVICES, ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE
STORAGE OR INTEGRITY OF CUSTOMER'S OR ANY PERMITTED USER'S DATA, ANY COST OF
OBTAINING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. FURTHER, IN NO EVENT
WILL THE MOBILE BEACON PARTIES BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO
USE THE SERVICE OR THE EQUIPMENT, UNDER ANY THEORY, WHETHER CONTRACT, TORT,
NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR
EQUITABLE THEORY EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Assignment. Customer's rights under these TOS may not be transferred, leased, assigned, or
9
sublicensed, including without limitation to any successor in interest, without the prior written consent
of Mobile Beacon. Any purported attempt to transfer, lease, assign or sublicense Customer's rights
without the consent of Mobile Beacon will be void, and Mobile Beacon may immediately terminate
these TOS without liability. Notwithstanding the foregoing, all provisions of these TOS shall be binding
upon Customer successors and permitted assigns.
15. Governing Law & Venue. Any question, controversy or dispute arising out of or related to these
TOS (a "Dispute") shall be governed by and interpreted in accordance with the laws of the State of
Rhode Island, without regard to its choice of law provisions. Any actions or proceedings arising out of
or relating to these TOS shall be brought in a state or federal court sitting in Rhode Island and the parties
irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding and
irrevocably waive the defense of an inconvenient forum to the maintenance of such action or
proceeding. To the extent permitted by applicable law, the parties hereby expressly waive the right to
a trial by jury.
16)Content and Security.
a. Customer acknowledges that the internet and wireless communications are not inherently secure
means of data communication, and agrees that the Mobile Beacon Parties shall have no liability
for breaches of security beyond their reasonable control, including, without limitation, Customer's
negligence with respect to controlling access to the Service or Customer's data. It is the sole
responsibility of Customer to obtain and implement appropriate security devices, software, and
other measures (including without limitation firewalls) to protect Customer's systems and data
from theft,viruses, worms,Trojan horses, or other security threats, and the Mobile Beacon Parties
have no responsibility or liability with regard thereto.
b. Any material downloaded or otherwise obtained through use of the Service is accessed at
Customer's and Permitted Users' own discretion and risk. The Mobile Beacon Parties do not
control and are not responsible for any third-party websites, tools, content, services or products
that Customer or a Permitted User may access or encounter during use of the Service, including
without limitation the Provider's content filtering tool. Customer may request that Mobile Beacon
enable the Provider's content-filtering tool for specified Equipment to block sites or content
determined inappropriate in accordance with the Children's Internet Protection Act (CIPA). The
Provider's content filtering tool is not guaranteed to be 100% accurate and can only filter web
10
pages accessed via the Provider's network (it does not filter emails, SMS, MMS, applications or
anything else which is not accessed through a web browser). The Provider's content filtering tool
does not work if the Equipment is roaming or using WiFi. Customer agrees the Mobile Beacon
Parties have no responsibility or liability with regard thereto.
c. The Provider's network management practices may entail the inspection and storage of network
traffic, the provision of network traffic to third parties and/or the use of network traffic for non-
network management purposes. For further information, please refer to the Provider Terms and
Conditions, which form a part of these TOS. The Mobile Beacon Parties and the Provider also
have the right to take actions either of them deem reasonably necessary to protect any individual
or entity, comply with applicable laws, regulations, or government requests, or to enforce the terms
of these TOS.
17. Notices. Except where notice is not required to be given by Mobile Beacon or may be given by
changes reflected on the Mobile Beacon website as provided above, including in Section 11,all notices,
required or permitted under these TOS(each a"Notice")shall be delivered in writing by courier,overnight
delivery, or by certified or registered mail (postage prepaid and return receipt requested) to the other
party at its address set forth in the Order in the case of the Customer and in the case of Mobile Beacon
and the Mobile Beacon Parties, on its website identified above, or Notice may be given by confirmed
electronic delivery by email at the address set forth on the Order in the case of the Customer or at the
email address set forth of Mobile Beacon's website in the case of Mobile Beacon. Either party may
change to the notice address by Notice to the other party.
18. General. None of the Mobile Beacon Parties or Provider shall be responsible or liable in any manner
under these TOS for any failure of the Service or Mobile Beacon's performance of these TOS to the
extent that such failure is due to acts of God, failure of suppliers or other causes beyond its control or
by reason of a change in the Service. If any part of these TOS is found invalid (including without
limitation any conflict with any applicable law or regulation) such invalidity will not affect the remaining
portions of these TOS, and the parties will substitute for the invalid provision a provision that most
closely approximates the intent and economic effect of the invalid provision. Failure by either party to
complain of any act or failure to act of the other party or to declare the other party in default, irrespective
of the duration of such default, will not constitute a waiver of rights hereunder. These TOS, together
with such modifications as may be adopted pursuant to Section 11 constitute the complete agreement
between Customer and Mobile Beacon with respect to the subject matter hereof and supersedes all
proposals (oral or written), all previous negotiations, and all other communications, including without
limitation communications on the website of any Mobile Beacon, except as set forth above.
Organization Name: CAV c -& -.. �cach,
Signature: I 1/ /
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Printed Name (First and Last): 1'Q-bc.cc o.. \ n ; )-1.a
11
Date:
Email:
12
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