Terms

By placing an order (“Order”) for the Lose The Cord Internet Membership program of through the LoseTheCord.com website for this program, or by otherwise taking possession of the equipment through the program, Customer agrees to the terms of this Agreement. Customer has no right to receive the equipment and Internet service and any related services unless Customer agrees to these terms. Unless otherwise stated, this pricing shall remain in effect until such time Dealer Direct provide notice of a price change not less than 90 days.

The Parties agree as follows:

1. EQUIPMENT: Company hereby provides that customer has use of a specialized Router in the Order (the “Equipment”). Company will also provide support and maintenance services for the Equipment per Company’s standard service plans and policies. The Equipment is being provided for use by customer in connection with acquiring Internet services only, and not for any other uses. Customer will keep the Equipment at Customer’s business location or other locations visited by customer in the ordinary course of business, will use the Equipment in a lawful and appropriate manner, and will keep the Equipment in good working order. Customer agrees to use all apps, software and services on or accessed through the Equipment in accordance with the applicable license/service agreements and terms.

2. MEMBERSHIP TERM: The membership shall start on the delivery date of the Equipment and will continue until Customer cancels membership or if Membership is terminated by Company.

3. MEMBERSHIP PAYMENTS: Customer agrees to pay to Company as membership fees for the Equipment and Service in the amount specified in Customer’s Order (“Membership”) each month. Billing for this program will be to a Customer supplied credit or debit card unless otherwise mutually agreed to by Company and Customer. The Membership fee is exclusive of any taxes or other government fees that may be applicable to the transactions under this Agreement. Customer is responsible for any and all such taxes.

4. END OF MEMBERSHIP OPTIONS: Upon termination of the Membership program, you will be able to choose one of the following options:
a. Return the product to the Company. Customer shall pay return shipping.

5. DATA SERVICES: Cellular data services, are subject to the terms of this agreement.

6. PROCESSING A SERVICE CLAIM: To initiate a service claim, you may either call the toll free support number at 855-6NOCORD or email [email protected] A service representative will walk you through the service process.

7. DAMAGE COVERAGE: Damage to the mobile Router is NOT covered under the monthly membership fees. Routers that are damaged beyond repair will be subject to a $350 replacement fee. Normal manufacturing defects in the product are covered for the duration of this agreement.

8. THEFT PROTECTION: There is no Theft Protection under the membership plan. If a router is lost or stolen, Customer must pay $350 to Company and receive a replacement mobile router

9. DELIVERY: Initial shipping charges of the Equipment shall be billed with the first invoice. All initial shipping charges will be clearly identified as such. Customer shall be responsible for any shipping or packaging charges required to return the device to Company for any reason.

10. DEFAULTS: If Lessee fails to perform or fulfill any obligation under this Agreement, Customer shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, Customer shall have seven (7) days from the date of notice of default by Lessor to cure the default. In the event Customer does not cure a default, Company may at Company’s option (a) cure such default and the cost of such action may be added to Customer’s financial obligations under this Agreement; or (b) declare Customer in default of the Agreement. If Customer shall become insolvent, cease to do business as a going concern or if a petition has been filed by or against Customer under the Bankruptcy Act or similar federal or state statute, Company may immediately declare Customer in default of this Agreement. In the event of default, Company may, as permitted by law, terminate this Agreement and re-take possession of the Equipment. Company may, at its option, hold Customer liable for any difference between the membership fees that would have been payable under this Agreement during the balance of the unexpired term and any membership fees paid by any successive Customer if the Equipment is re-let minus the cost and expenses of such reletting. In the event Customer is unable to re-let the Equipment during any remaining term of this Agreement, after default by Customer, Company may at its option hold Customer liable for the balance of the unpaid membership fees under this Agreement if this Agreement had continued in force.

11. ENCUMBRANCES, TAXES AND OTHER LAWS: Customer shall keep the Equipment free and clear of any liens or other encumbrances and shall not permit any act where Company’s title or rights may be negatively affected. Customer shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Equipment. Furthermore, Customer shall promptly pay all taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Equipment.

12. COMPANY’S REPRESENTATIONS: Company represents and warrants that Company has the right to charge membership fees for the use of the Equipment as provided in this Agreement and that Customer shall be entitled to quietly hold and possess the Equipment, and Company will not interfere with that right as long as Customer pays the Membership fees due hereunder in a timely manner and performs all other obligations under this Agreement.

13. OWNERSHIP: The Equipment is and shall remain the exclusive property of Company.

14. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

15. ASSIGNMENT: Neither this Agreement nor Customer’s rights hereunder are assignable or subleasable by Customer except with Company’s prior, written consent.

16. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

17. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its internal conflicts of laws rules. Sole jurisdiction and venue for any dispute arising under or related to this Agreement shall be a state or federal court located in Nebraska.

18. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service to:
Customer: To the address specified in the Order

Company: Dealer Direct, Inc.
7950 O Street
Lincoln, NE 68510
Either party may change such addresses from time to time by providing notice as set forth above.

19. ENTIRE AGREEMENT: This Agreement along with the Order constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Customer and Company.

20. CUMULATIVE RIGHTS: Company’s and Customer’s rights under this Agreement are cumulative and shall not be construed as exclusive of each other unless otherwise required by law.

21. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of Membership fees by Company does not waive Company’s right to enforce any provisions of this Agreement.

22. INDEMNIFICATION: Except for damages, claims or losses due to Company’s negligence or willful misconduct, Customer, to the extent permitted by law, will indemnify and hold Company and Company’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Customer, or for damage to property arising from Customer using and possessing the Equipment or from the acts or omissions of any person or persons, including Customer, using or possessing the Equipment with Customer’s express or implied consent.

23. EXPENSES: Customer shall pay Company all costs and expenses, including attorneys’ fees, incurred by Company in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.

24. EXCEPT AS EXRESSLY STATED IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES OF ANY KIND, AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABIILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Company will to the extent possible take advantage of the applicable manufacturer’s warranty for the Equipment.

25. Company shall not be liable for any special, incidental, consequential, indirect, punitive or exemplary damages, or any lost profits, lost business, or lost data, under this Agreement. In no event shall Company be liable under this Agreement in an aggregate amount exceeding the Membership fees paid to Company under this Agreement for the Equipment at issue.