Residential General Terms and Conditions of Service

In addition to these Residential General Terms and Conditions of Service (“General Terms”), You, individually, and on behalf of household members and guests, and any other person who uses the Services (collectively “You” or “Subscriber”) ), agree to be bound by the terms of service applicable to the residential Lyons Communications service(s) to which You subscribe (hereafter, “Service” or “Services”), as well as the Lyons Communications Subscriber Privacy Notice, which may each be found at www.lyonscomm.com, under “Terms of Service/Policies” and “Your Privacy Rights,” as such may be updated from time to time (collectively, the “Terms of Service”) and are incorporated herein by this reference. In the event of any conflict between these General Terms below and the Service-specific Terms of Service, the Service-specific Terms of Service shall control. For purposes of these Terms of Service, all references to “Lyons Communications” mean Z3N, LLC and any of its affiliates or subsidiaries providing Subscriber the Services (including third parties Lyons Communications may retain to provide the Services).

If Lyons Communications provides Lyons Communications Voice™ service in Subscriber’s area, it will be provided through the Lyons Communications phone service affiliate servicing Subscriber’s area.

Subscriber accepts these General Terms in any of the following ways: agreeing in writing, by phone, by email, online, in person; paying for the Service(s) and/or Device(s); breaking the seal on the box of the Equipment or Device; or activating, using, or attempting to use the Service, Equipment or Device. Subscriber should regularly consult Lyons Communications’ website at www.lyonscomm.com/residential/terms-of-service for updates. This is a binding legal document. In the event that a portion of the Services is terminated, or any aspect of it is changed, any remaining Service or replacement Service will continue to be governed by these General Terms and Terms of Service incorporated herein.
These General Terms and the Terms of Service do not apply to services sold under the Lyons Communications’ Business brand.

THESE GENERAL TERMS CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST LYONS COMMUNICATIONS MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT SUBSCRIBER’S RIGHTS UNDER THESE GENERAL TERMS WITH RESPECT TO ALL SERVICES. SEE SECTION 28 FOR DETAILS ON THESE PROVISIONS.

1. Charges and Billing
a. Payment of Charges: Billing may commence on or after the earlier of (a) the activation of any Service or Device, or (b) 8 days after customer pickup or shipment by Lyons Communications of Devices or Equipment. Subscriber agrees to pay all charges associated with the Service(s), including, but not limited to, charges for installation, service calls, live-agent customer assistance, monthly subscription service, Equipment (as defined below), measured and per-call charges, applicable federal, state, and local taxes and fees, fees to recoup any applicable municipal, state and federal government fees, permitted fees and cost recovery charges, including without limitation, public, educational, and governmental access, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and programs supporting the 911/E911 system and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Services. If partial payment is made of any bill and without waiving its right to collect the full balance owed, Lyons Communications will apply that payment to any outstanding charges in the amounts and proportions that it determines.

b. Monthly Subscription Services: Subject to restrictions under applicable law, if any, and without abrogating Section 4 – “Lyons Communications Refund Policy/30-Day Guarantee”, Subscriber shall be responsible for the full monthly charge (without pro-ration) for those Services that are offered on a monthly subscription basis to which the Subscriber has subscribed, regardless of Subscriber’s termination of such monthly Service prior to the conclusion of the current monthly subscription service period, and for charges for per program, Pay Per View, On Demand, per event or program Video Services ordered or per unit or minute usage charges, or roaming used by the Subscriber or other Services ordered where charges are based on actual usage or on orders placed during the previous month. Unless Subscriber cancels Service at least 5 days before the last day of the current monthly subscription service period, Subscriber will be charged in full for Services the next monthly subscription service period. The monthly subscription service period can be found in Subscriber’s billing statement.

c. Remedies for Failure to Pay/Late Payments: Subscriber shall notify Lyons Communications of disputed charges or items within sixty (60) days of invoice receipt or online posting, or longer as required by applicable law. Failure to pay charges billed when due (including checks returned for insufficient funds) may result in suspension or disconnection of all Services, the removal of all Equipment and/or imposition of a late payment or service charge. If Subscriber has more than one account (business and/or residential) served by Lyons Communications, all Lyons Communications-provided Services at all locations may be subject to suspension or disconnection of Service in the event any one account remains delinquent and Lyons Communications may apply any funds received from Subscriber first to such delinquent account(s). Should Subscriber wish to resume Service after any suspension, Subscriber may be subject to reconnection fees. Should Subscriber wish to resume Service after termination of Service, Lyons Communications may charge fees for installation, service calls and/or activation and reserves the right to charge rates different from those in place at the time of disconnect. These fees are in addition to all past due charges and other fees. In the event collection activities are required, additional collection charges may be imposed.

d. No Credit Arrangements: Subscriber agrees and understands that by entering into the financial arrangement described herein, except to the limited extent Subscriber is purchasing devices (each a “Subscriber Purchased Device”) from Lyons Communications under an installment plan agreement, Lyons Communications is not extending Subscriber any credit and therefore Lyons Communications and Subscriber are not entering into a consumer credit or similar transaction. Sales of any Subscriber Purchased Device(s) are final upon the earlier to occur of the effective date of any applicable installment plan agreement therefor or the opening of the respective packaging thereof, and Lyons Communications disclaims any and all responsibility for the returns, replacement, repair, or maintenance of such device(s), with respect to which the Subscriber shall look exclusively to the manufacturer of such device(s).
2. Electronic Payment Terms. You may elect to make a one-time payment to be applied against the balance of your monthly billing statement through an electronic funds transfer or a debit or credit card charge. You may also elect to pay the balance of your monthly billing statement on a recurring basis by enrolling in the Auto Pay Service (collectively, the “Electronic Payment Services”).

a) One Time Pay Authorization: By electing the One Time Pay service, You authorize Lyons Communications to charge/debit the bank account, debit or credit card that you designated (“Payment Method”) to make a one-time payment in the amount requested by You.

b) Auto Pay Authorization: By enrolling in the Auto Pay Service, Subscriber authorizes Lyons Communications to charge/debit electronically your Payment Method each month to pay the balance due on Subscriber’s account on the due date shown on your monthly bill statement. Lyons Communications will continue to charge/debit your Payment Method each month unless you cancel your authorization at least three (3) business days before the next scheduled payment date.

c) By using the Electronic Payment Services, You (i) represent that You are a legally authorized user of the Payment Method and (ii) authorize Lyons Communications to store Your Payment Method for future use. Subscriber is responsible for ensuring that the Payment Method information is current and accurate at all times. Subscriber must notify Lyons Communications of any change in the Payment Method at least three (3) business days before the scheduled due date shown on your monthly billing statement for the month in which you want to make the change. If the change is made after this time, the change will not take effect until the following billing cycle for your monthly billing statement. In the meantime, Subscriber will remain responsible for taking appropriate actions to ensure that your monthly billing statements are paid when due.

d) Lyons Communications will notify You prior to the payment due date. The amount shown as due on the monthly billing statement will constitute notice of any variance in the amount paid in the previous month. The balance shown as due on Your statement view will be deducted on or around the payment due date.

e) Subscriber has the right to revoke the recurring Auto Pay arrangement with Lyons Communications at any time, except for those services where Auto Pay is required. Any revocation of Your authorization to pay amounts due through the Auto Pay service will not take effect until after receipt by Lyons Communications, and will result in the discontinuance of Auto Pay bill payment(s). After cancellation of Auto Pay bill payment, You will be responsible for taking appropriate action each month to pay all amounts due as set forth on Your billing statement.

f) To get a copy of a Subscriber’s online Auto Pay confirmation for Subscriber’s records, Subscriber must print or save such document to Subscriber’s computer.

g) Subscriber must notify Lyons Communications of any change in account information or Payment Method. Subscriber can update account or Payment Method information on the Lyons Communications payment portal accessible at https://payments.lyonscomm.com/portal/lyonscomm/login, or while speaking with one of our service representatives. It may take at least one billing cycle to update your new Payment Method. In the meantime, You will remain solely responsible for taking appropriate actions to ensure that payments are made when due. The Electronic Payment Services are provided for personal, non-commercial use only, and Subscriber is prohibited from using these services for any illegal activity or purpose, including payment fraud or identity theft.

h) You agree that Lyons Communications may provide You legal notices regarding the Electronic Payment Services, the Terms of Service, payments made, and other relevant information or records attributable to Your payment transactions. Subscriber may not revoke consent to receive such electronic notice, records, or disclosures.

i) It is Subscriber’s responsibility to protect the confidentiality of any user name or password used in connection with the Electronic Payment Services. Subscriber shall not provide access to the Electronic Payment Services to anyone other than household members or delegated authorized users. If Subscriber believes Subscriber’s password or other means to access the Electronic Payment Services has been lost, stolen, or otherwise compromised, Subscriber must notify Lyons Communications immediately at 303-823-2313.

j) Without limitation, Lyons Communications shall have no liability or responsibility for its inability to process or receive payments Subscriber makes or attempts to make using the Electronic Payment Services or otherwise to perform its responsibilities under this Section 2 in the event circumstances beyond Lyons Communications’s control prevent Lyons Communications from doing so or otherwise affect Lyons Communications’s ability to do so.

k) Subscriber is responsible for all fees and costs related to maintaining a valid payment method including processing charges or annual costs.

l) Subscriber’s use of the Electronic Payment Services, whether through Lyons Communications’s websites, interactive voice response systems or through any other means, is for Subscriber’s exclusive personal use. No payment processor or any other third party may use the Electronic Payment Services to make payments on behalf of Subscriber without Lyons Communications’s written consent. Any attempt to do so will be considered an unauthorized interference with the intended operation of the Electronic Payment Services and may result in Lyons Communications’s failure to process or accept payments from You.

LYONS COMMUNICATION’S SOLE AND ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY FOR THE PROCESSING OR DEDUCTION OF AN INCORRECT TRANSFER OF FUNDS HEREUNDER SHALL BE THE RETURN TO YOU OF THE IMPROPERLY TRANSFERRED FUNDS.

3. Payment by Check; Returned Items; Third Party Processing: If Subscriber makes payment by check, Subscriber authorizes Lyons Communications to collect such payment electronically. Subscriber may not amend or modify these General Terms with any restrictive endorsements (such as “paid in full”), releases, or other statements on or accompanying checks or other payments accepted by Lyons Communications; any of which notations shall have no legal effect. Whether paying by check, Electronic Payment Services, or any form of electronic funds transfer from a banking account, Subscriber hereby authorizes Lyons Communications to collect any declined amount electronically from the subject account. In addition, Subscriber’s Service may be suspended and/or terminated.

Subscriber shall be responsible for any payment processing fees incurred when using a third party to process Subscriber’s payments to Lyons Communications. Any NSF charge is in addition to any charges Subscriber’s financial institution may assess. If initially rejected, Lyons Communications will make additional multiple attempts to execute such electronic payment for up to 30 days following the initial refusal. At the end of the 30-day period, if there has not been a successful payment, the applicable Subscriber’s Auto Pay or One Time Pay authorization will be terminated.

4. Lyons Communications Refund Policy/30-Day Guarantee. Subject to additional provisions that may be applicable to equipment returns, new Subscribers (those who have not been Lyons Communications customers for 90 days prior to subscription) qualify to have all levels of subscription Service refunded/credited if not fully satisfied with the Service. Current Subscribers adding a new level of subscription Service qualify to receive a refund/credit only on those newly added Services not received within the previous 90 days. Such refund is valid for customers who pay for their first month of new or upgraded monthly recurring subscription Services. Other non-recurring subscription purchases are not refundable nor are any related installation fees that may apply. Subscriber is limited to one refund or credit per household for a maximum of 30 days of Service. Refunds/credits will be given only when request for cancellation of Service is received by Lyons Communications within 45 days of Billing Commencement 30 days from Billing Commencement, plus 15 day grace period. Any Equipment associated with the new subscription must be returned prior to release of refund/credit. Any state taxes, franchise fees and other fees or charges that may apply are the responsibility of the Subscriber and will not be refunded or credited. Other restrictions per any offer apply.

5. Service Bundle Discounts: Lyons Communications reserves the right to offer and Subscriber may elect to subscribe to a combination of Services for which a bundle discount applies (“Bundled Services”). In the event Subscriber terminates any Service component of such Bundled Services or Lyons Communications terminates such Service component based on Subscriber’s failure to comply with the Terms of Service, Lyons Communications reserves the right to revert the pricing of the remaining Service(s) to the applicable undiscounted price for such Service(s).

6. Lyons Communications Property: All Lyons Communications-provided equipment distributed to and/or installed for use in the Subscriber’s service location(s) by or on behalf of Lyons Communications (“Equipment”) remains the property of Lyons Communications, except for the “cable home wiring” as defined at 47 C.F.R. § 76.804 (“Wiring”) and excluding certain Subscriber Purchased Devices that Subscriber has purchased from Lyons Communications outright or under an installment agreement or any other device ownership of which Lyons Communications has conveyed to Subscriber (e.g., modems, streaming or edge devices; collectively, “Conveyed Devices”). Equipment and Wiring installed at the Subscriber’s Service location are intended to remain at the specific Service location and must not be used or relocated off such premises without Lyons Communications authorization. Subscriber must return all Equipment upon substitution of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with Lyons Communications’s then current schedule of charges for non-returned Equipment, which amount shall be due immediately. Subscriber agrees to pay such charge whether the Equipment is lost (through theft or otherwise), damaged or destroyed.

7. Disruption of Service: All Services are provided on an “AS IS” and “AS AVAILABLE” basis. In no event shall Lyons Communications be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Lyons Communications’s reasonable control. Subject to applicable law, Lyons Communications may give credit with respect to Subscriber’s recurring monthly subscription fee for qualifying outages of Services.

8. Equipment: Excluding certain Subscriber Purchased Devices sold by Lyons Communications for which separate terms and conditions may apply or Conveyed Devices, Lyons Communications will repair and/or replace damaged or defective Equipment, if any, as long as such damage or defect was not caused by misuse or other improper operations or handling by Subscriber. Lyons Communications shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. Lyons Communications is not responsible for the maintenance or repair of Subscriber-provided equipment, including but not limited to connected devices, mobile devices, home telephones, computers, modems, televisions, Subscriber Purchased Devices, Conveyed Devices, or any other related Subscriber-provided equipment. A service charge may be imposed upon the dispatch of a technician if there is damage to Equipment due to negligent use or abuse or if no fault is discovered in Lyons Communications’s system or Equipment. Lyons Communications makes no warranties, with respect to Equipment or Service provided by Lyons Communications or with respect to the compatibility of the Service or the Equipment with any Subscriber-provided equipment.

ALL EQUIPMENT, WIRING, SUBSCRIBER PURCHASED DEVICES, AND CONVEYED DEVICES ARE PROVIDED “AS IS”, AND LYONS COMMUNICATIONS HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE.

LYONS COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT, WIRING, SUBSCRIBER PURCHASED DEVICES, OR CONVEYED DEVICES. LYONS COMMUNICATIONS HEREBY DISCLAIMS ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR LOSS, LIABILITY OR DAMAGES ARISING FROM USE OF SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN THE SUBSCRIBER AND THE MANUFACTURER OF SUCH DEVICES.

Lyons Communications’s sole obligation and Subscriber’s sole remedy with respect to any liability or damage caused by Subscriber’s use or deployment of Equipment or Wiring shall be a refund of fees paid by Subscriber for such Equipment for the previous billing month/cycle.
9. Subscriber Property: Lyons Communications assumes no responsibility and shall have no responsibility for the condition or repair of any Subscriber Purchased Devices, Conveyed Devices, or Subscriber-provided equipment/software. Subscriber is responsible for the repair and maintenance of Subscriber Purchased Devices, Conveyed Devices, and any other Subscriber-provided equipment/software. Lyons Communications is not responsible or liable for any loss or impairment of Lyons Communications’s Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Purchased Devices, Conveyed Devices, or Subscriber-provided equipment/software.

Notwithstanding anything to the contrary, Subscriber agrees to allow Lyons Communications and our agents the right (A) to install hardware in, (B) send software downloads to, and (C) install, access configure, maintain, inspect or upgrade Subscriber Purchased Devices, Conveyed Devices, or any other Subscriber-provided equipment to the extent necessary to provide Service. Subscriber warrants that Subscriber is either the owner of such equipment or that Subscriber has the authority to give Lyons Communications access to it.

10. Taxes/Fees: Subscriber agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the Services, the Equipment, Wiring, Subscriber Purchased Devices, Conveyed Devices, or installation or service charges incurred with respect to the same (including franchise fees).

With respect to fees and taxes, including franchise fees, imposed by applicable government and regulatory authorities, Lyons Communications will review the amount it collects in such fees and taxes on a quarterly and annual basis. In the event Lyons Communications determines that it has collected any fees and/or taxes in excess of sums due to governmental and regulatory authorities, Lyons Communications will begin refunding such excess fees and taxes to current subscribers within 15 months of the end of each calendar year. Please be aware that, by law in some cases, Subscriber may be billed for taxes and fees that relate to time periods before Subscriber began receiving Services. However, by law, Lyons Communications will not bill Subscriber for these fees more than 4 years after the year they were incurred by Lyons Communications. Franchise fees resulting from an audit by the applicable franchising authority are incurred at the time those fees are assessed.

11. Care of Lyons Communications Property and Service: Subscriber agrees that neither Subscriber nor any other person (except Lyons Communications’s authorized personnel) will: (A) open, tamper with, service, or make any alterations to the Equipment or Wiring; nor (B) remove or relocate any Equipment or Wiring from the service address of initial installation. Any alteration, tampering, removal, or the use of Equipment or Wiring which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations, constitutes theft of Service and is prohibited. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Lyons Communications shall relocate the Equipment for Subscriber within Subscriber’s home at a time mutually agreed to by Lyons Communications and Subscriber. Subscriber may incur a charge for such relocation and should consult a current Lyons Communications schedule of rates and charges prior to requesting such relocation. If the Subscriber moves residences outside of Lyons Communications’s service area, Subscriber shall notify Lyons Communications that these General Terms shall be terminated and the provisions of Section 16 shall apply to such termination.

12. Access to Subscriber Premises: Subscriber authorizes Lyons Communications and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber’s premises to install, inspect, maintain and/or repair the Equipment or Wiring and, upon the termination of Service, to remove the Equipment from the premises. Lyons Communications’s failure to remove its Equipment shall not be deemed abandonment thereof. If the installation and maintenance of Service are requested at premises that, in Lyons Communications’s sole discretion, are or may become hazardous or dangerous to our employees, the public or property, Lyons Communications may refuse to install and maintain such Service.

13. Acknowledgments and Consent Regarding Recording of Communications and Contact Rights:

a. Recording of Communications. Subscriber acknowledges and agrees that all communications between Subscriber and Lyons Communications may be recorded or monitored by Lyons Communications for quality assurance or other purposes subject to applicable law.

b. Consent to Phone Calls and other Means of Communication. Lyons Communications may call, text or e-mail Subscriber or authorize others to call, text, or e-mail Subscriber on its behalf including but not limited to at any number or e-mail Subscriber provides to Lyons Communications (or that Lyons Communications issues to Subscriber) for communications pertaining to Subscriber’s account, Equipment, Service or other informational purposes. Subscriber may not revoke Subscriber’s consent to receive collection-related communications or any other non-marketing communication/notice pertaining to Subscriber’s account, Equipment or Service (e.g., default, service message, etc.), . If Subscriber’s numbers are included on state or federal “do not call” lists, Lyons Communications will not call or text Subscriber for marketing purposes. Subscriber is responsible for charges for incoming text or e-mail messages on Subscriber’s wireless phone(s).

c. Automated Calls. Lyons Communications (or persons acting on Lyons Communications’s behalf) may use automated dialing systems or artificial or recorded voices to contact Subscriber or leave Subscriber messages if the call goes to voicemail.

d. Other Notices. Subscriber authorizes Lyons Communications to provide other notices to Subscriber using any method Lyons Communications determines appropriate, including by electronic means (for example, email or online posting).

e. Other Consents. Lyons Communications may ask Subscriber to provide other consents or authorizations, including by electronic means, email or Subscriber’s equipment, and Lyons Communications is entitled to assume that any consent or authorization Lyons Communications receives through the Services or from Subscriber’s location has been authorized by Subscriber.

f. Email Address for Notice. Upon Lyons Communications’s request, Subscriber will provide Lyons Communications with a current email address that Subscriber regularly checks so that Lyons Communications may provide notices and communications to Subscriber at that address. Lyons Communications’s right to contact Subscriber as described in this Section survives the termination of these Terms of Service.

g. Subscriber’s Right to Opt Out of Certain Automated Calls. If Subscriber does not wish to receive marketing calls, messages, or texts from Lyons Communications via automated dialing systems or pre-recorded messages on Subscriber’s cellular phone, Subscriber may visit our websites to manage communication preferences. Subscriber also agrees to allow Lyons Communications sixty (60) business days to honor Subscriber’s request, and further agrees that Lyons Communications will not be liable for any calls or texts to Subscriber in the interim.

h. Subscriber understands that Lyons Communications will continue to use automated dialing systems or pre-recorded messages on Subscriber’s cellular phone or landline to communicate non-marketing billing notifications, service notifications, appointment confirmations, and account status updates.

14. Secure Connection Requirements. Without abrogating or otherwise limiting Subscriber’s separate obligations to secure Subscriber’s account and equipment under the Terms of Service, Lyons Communications shall have the right to implement reasonable measures necessary to track, manage, and/or ensure the security of its network facilities, the video, phone, and/or Internet signals Lyons Communications transmits or receives, and the connection between any device or application used by Subscriber, members of Subscriber’s household, Subscriber’s guests, or any third parties and Lyons Communications’s Equipment, system, or other network facilities (whether by physical, WiFi, wireless, software, or other means of connection), including without limitation authentication, access security, or other processes and means.

Without limiting any other rights Lyons Communications may have under the Terms of Service, Lyons Communications shall have the right to suspend, freeze, or otherwise cease Service or network access in the event and to the extent necessary to address any network or security concern that may arise with regard to activity on or through, conditions arising from or caused by the use, availability of, or access enabled at or through Subscriber’s Service, Service location, equipment, or account.

15. Assignment or Transfer: These General Terms and the Services and/or Equipment supplied by Lyons Communications are not assignable or otherwise transferable by Subscriber, without specific written authorization from Lyons Communications.

16. Termination and Expiration:

a) Termination by Subscriber: Unless otherwise terminated, these General Terms shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. To terminate any recurring Service, Subscribers must call 303-823-2313, and in any event, any such Subscriber-requested termination shall not be effective before the date Lyons Communications receives such request. Prior to effecting such termination or any other change to the account we will verify and authenticate your identity, confirm that you are authorized to request such changes, and confirm your election of such changes.

b) Termination for Bankruptcy: Lyons Communications shall have the right to terminate these General Terms immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.

c) Termination for Breach: In the event of any breach of the Terms of Service by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of Lyons Communications, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using any Service, these Terms of Service may, at Lyons Communications’s option, be terminated and the Equipment removed. Failure of Lyons Communications to remove such Equipment shall not be deemed abandonment thereof. Subscriber shall pay reasonable collection and/or attorney’s fees to Lyons Communications in the event that Lyons Communications shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under these General Terms. Lyons Communications may terminate these Terms of Service or Lyons Communications may reject an application or block access to or use of any component of any Service for any reason including, but not limited to, if:
i. Subscriber violates these General Terms or the Terms of Service as solely determined by Lyons Communications;
ii. The information required in the application process is or becomes incorrect, absent or incomplete;
iii. Subscriber threatened or harassed any Lyons Communications employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.);
iv. Subscriber’s Payment Method fails to compensate Lyons Communications; or
v. The amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of Lyons Communications.
vi. Subscriber further agrees that in the event of termination pursuant to subsections (b) or (c), Lyons Communications shall have no liability to Subscriber.
d) Obligations Upon Termination: Subscriber agrees that upon termination of the Terms of Service:
i. Subscriber will pay Lyons Communications in full for Services and Equipment through the end of the then-current monthly subscription service period.
ii. Subscriber will promptly return all Equipment to Lyons Communications. In the event that Subscriber fails to return any Equipment within ten (10) days of termination Subscriber shall be liable to Lyons Communications in accordance with Lyons Communications’s then current schedule of charges for non-returned Equipment.
e) Renewal after Cancellation or Termination: Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of a Service, Subscriber shall be subject to the pricing, warranties, and Terms of Service as are effective at the time of such renewal.

17. Lyons Communications’s Right to Pursue Remedies and Subscriber’s Indemnification Obligations. If Subscriber breaches the Terms of Service, Lyons Communications has the right to seek compensation from Subscriber for such breach through arbitration or, if Subscriber has opted out of these General Terms’ arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against Lyons Communications that arises out of Subscriber’s relationship with Lyons Communications, the Services provided to Subscriber, the Terms of Service, or Subscriber’s breach thereof or failure to comply therewith, Subscriber will indemnify, defend (at Lyons Communications’s exclusive election), and release Lyons Communications from and against liability and reimburse Lyons Communications for any losses that Lyons Communications may incur, including reasonable attorneys’ fees and costs, resulting from such claim. Subscriber’s responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.

18. Security Deposit: Any security deposit required of Subscriber for the Equipment or Lyons Communications’s Service will be due and payable upon the first monthly billing statement. Such security deposits will be returned to Subscriber within sixty (60) days of termination of Lyons Communication’s Service so long as payment has been made for all amounts due on Subscriber’s account and Subscriber has returned the Equipment undamaged. If Lyons Communications is holding a deposit on Subscriber’s account, Lyons Communications has the right to apply the deposited amount against any outstanding balance or shortfall in payments.

19. Advance Payment: Advance payment may be required under certain circumstances including without limitation when specific Service offer conditions require it, Subscribers are unable or unwilling to provide information to establish credit worthiness or have an unsatisfactory credit rating. The advance payment will be equal to the applicable installation charge and one month of recurring charges, excluding taxes, fees and surcharges. The advance payment will appear as a credit and be applied to the first monthly bill. Lyons Communications reserves the right to refuse Service if the Subscriber fails to fulfill standard credit requirements. After Service has been established, the Subscriber will be responsible for the payment of all applicable charges, including taxes, fees and surcharges to avoid discontinuance of Service.

20. Content and Services: All Services are subject to change in accordance with applicable law.

21. Rates: All rates are subject to change in accordance with applicable law.

22. Late Fee: If Subscriber’s account is past due, and payment has not been received by the due date on the billing statement, Subscriber may be charged an applicable late fee in addition to Subscriber’s past due balance at Lyons Communications’s then current rate. If Subscriber’s account thereafter remains unpaid, Subscriber’s Services may be suspended or disconnected. Subscriber can avoid incurring late fees by paying Subscriber’s monthly bill by the due date on the billing statement. Any late fees assessed are not considered interest credit service charges, finance charges or penalties.

23. Disclaimer: Lyons Communications assumes no liability for any program, services, content or information distributed on or through the Services and Lyons Communications expressly disclaims any responsibility or liability for Subscriber’s use thereof. Further, Lyons Communications shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.

24. Right to Make Credit Inquiries: Subscriber authorizes Lyons Communications to make inquiries and to receive information about Subscriber’s credit experiences, including Subscriber’s credit report, from others, to enter this information in Subscriber’s file, and to disclose this information concerning Subscriber to appropriate third parties for reasonable business purposes.

25. Lyons Communications’s Reservation of Rights: Lyons Communications reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, Lyons Communications will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Subscriber, and Lyons Communications will provide any prior notice of suspension or termination that is required by law.

26. Indemnification: Subscriber agrees to defend, indemnify, and hold Lyons Communications, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, “Lyons Communications Indemnitees”) harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:

a. The installation, operation, provision, or other use of Lyons Communications Services and/or Equipment;

b. Any violation of Lyons Communications’s Terms of Service, Acceptable Use Policy, or other published policies or requirements;

c. The negligence, willful misconduct, violation of a third party’s rights, or failure to comply with applicable law by (i) Subscriber, (ii) members of Subscriber’s household, or (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber;

d. Libel or slander resulting from any use of the Services by (i) Subscriber, (ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber;

e. Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights (whether by transmission or material or otherwise) by (i) Subscriber, (ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber, including that effected through combination of Subscriber’s use of the respective Service(s) with facilities, equipment, or services provided or used by Subscriber or obtained from third parties;

f. unauthorized, unlawful, or fraudulent use of or access to the Services, except as otherwise provided by applicable law; and

g. Any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use of the 911 or E-911 service features and the equipment associated therewith, or by the use of any Voice Services furnished by Lyons Communications in connection with the 911 or E-911 service, including but not limited to, the telephone number, address or name associated with the telephone used by persons accessing 911 or E-911 service thereunder, and/or that which arises out of the negligence or other wrongful act of (i) Subscriber,(ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (ii) any other person using the Services provided to Subscriber.

h. The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the Lyons Communications Indemnitees. Subscriber agrees that Lyons Communications Indemnitees are not liable for any damages or liability resulting from the loss of Services (whether Internet, Cable, Voice, or other Services), nor will Subscriber make any claims or undertake any actions against Lyons Communications Indemnitees for loss of Service. Subscriber shall be solely responsible for any damage to or loss of Lyons Communications Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of Lyons Communications Indemnitees.
LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF LYONS COMMUNICATIONS AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).

UNDER NO CIRCUMSTANCES SHALL LYONS COMMUNICATIONS BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, AGENTS OR SUBCONTRACTORS OF LYONS COMMUNICATIONS, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. LYONS COMMUNICATIONS’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY LYONS COMMUNICATIONS OF ANY OBLIGATION LYONS COMMUNICATIONS MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY LYONS COMMUNICATIONS. IN NO EVENT SHALL LYONS COMMUNICATIONS’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE GENERAL TERMS EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD.

SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST LYONS COMMUNICATIONS THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER’S FAILURE TO COMPLY WITH THESE GENERAL TERMS.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE GENERAL TERMS.

27. Privacy Policy. Lyons Communications will provide Subscriber with a copy of its customer privacy policy at the time Lyons Communications provides Service to Subscriber, and annually afterwards, or as otherwise required by law. Subscriber can view the most current version of our privacy notice by going to www.lyonscomm.com/privacy. Subscriber assumes sole responsibility for all privacy, security and other risks associated with providing personally identifiable information to third parties via the Service. To the extent that Lyons Communications is expressly required to do so by applicable law, Lyons Communications will provide notice to Subscriber of a breach of the security of certain personally identifiable information about Subscriber. Subscriber agrees that Lyons Communications may collect and disclose information concerning Subscriber and Subscriber’s use of Service in the manner and for the purposes set forth herein and in Lyons Communications’s privacy policy. In order to protect the privacy of Subscriber’s account information, Lyons Communications may require that Subscriber use a security code or other method, in addition to the user name and password, to confirm Subscriber’s identity when requesting or otherwise accessing account information or making changes to Subscriber’s Service through Lyons Communications’s customer service representatives. Subscriber may also choose to designate an authorized user of Subscriber’s account (an “Authorized User”), who will be able to access Subscriber’s account information and make changes to Subscriber’s account. Once established, an Authorized User may be required to authenticate his/her identity in the same manner according to Lyons Communications’s policies.

28. ARBITRATION. The following provisions are important with respect to the agreement between Subscriber and Lyons Communications regarding Lyons Communications’s Services memorialized by these General Terms.

PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. These General Terms require the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscriber in the event of a dispute.

Subject to the “Exclusions” paragraph below, Lyons Communications and Subscriber agree to arbitrate disputes and claims arising out of or relating to these General Terms, the Services, the Equipment, or marketing of the Services Subscriber has received from Lyons Communications. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.

THESE GENERAL TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.

A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Lyons Communications should be addressed to: Lyons Communications PO Box 2679 Lyons, Colorado 80540 (“Arbitration Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, Subscriber or Lyons Communications may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of these General Terms.

The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these General Terms, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.

LYONS COMMUNICATIONS SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES FOR CLAIMS OF UP TO $75,000. SUBSCRIBER IS RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT SUBSCRIBER INCURS IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF LYONS COMMUNICATIONS UNDER APPLICABLE LAW.

If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act.

The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.

SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND LYONS COMMUNICATIONS ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.

Unless Lyons Communications and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of Subscriber’s billing address.

The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual’s claim.

The parties agree that the arbitrator must give effect to the terms of these General Terms.

SUBSCRIBER AND LYONS COMMUNICATIONS AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING

Furthermore, unless both Subscriber and Lyons Communications agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.

Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify Lyons Communications in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber may opt out by mail to the Arbitration Notice Address. Subscriber’s written notification to Lyons Communications must include Subscriber’s name, address, and Lyons Communications account number as well as a clear statement that Subscriber does not wish to resolve disputes with Lyons Communications through arbitration. Subscriber’s decision to opt out of this arbitration provision will have no adverse effect on Subscriber’s relationship with Lyons Communications or the delivery of Services to Subscriber by Lyons Communications.

Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.

For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from these General Terms, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.

EXCLUSIONS. SUBSCRIBER AND LYONS COMMUNICATIONS AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY LYONS COMMUNICATIONS ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.

(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.

(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.

The foregoing arbitration provisions shall survive the termination of these General Terms.

SUBSCRIBER HAS ONE YEAR TO BRING A CLAIM AGAINST LYONS COMMUNICATIONS, UNLESS SUBSCRIBER OPTS OUT. Subscriber must bring any claim against Lyons Communications within one (1) year after the date on which the claim arose or, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If Subscriber does not bring a claim within this period, Subscriber waives, to the fullest extent permitted by law, all rights Subscriber has to such claim and Lyons Communications will have no liability with respect to such claim.

Subscriber may opt out of this Section, in which case the normal statute of limitations will apply. To opt out, Subscriber must notify Lyons Communications in writing by sending a letter to Lyons Communications addressed to Lyons Communications, PO Box 2679 Lyons, Colorado 80540, within 30 days of (a) the date that this provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber’s written notice must include Subscriber’s name, address, and Lyons Communications account number as well as a clear statement that Subscriber does not wish this Section to apply.

This Section shall survive the termination of these General Terms.

29. Force Majeure: Lyons Communications shall not be liable for any failure of performance or equipment of any kind (including Lyons Communications Equipment) due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electrical power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Lyons Communications, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

30. Survival of Terms. In addition to the terms that are specifically noted in these General Terms as surviving termination of these General Terms, all representations, warranties, indemnifications, and limitations of liability shall survive these General Terms. Lyons Communications’s right to contact Subscriber shall also survive these General Terms unless Subscriber opts out in the manner described in these General Terms. All other obligations of Subscriber and Lyons Communications under these General Terms also survive termination if they relate to the period before termination or, if by their terms, they would be expected to survive such termination.

31. Entire Agreement: These General Terms (including the Terms of Service incorporated herein by reference) constitute the entire agreement between the Subscriber and Lyons Communications. No undertaking, representation or warranty made by an agent or representative of Lyons Communications in connection with the sale, installation, maintenance or removal of Lyons Communications’s Services or Equipment shall be binding on Lyons Communications except as expressly included herein. Subscriber agrees that, if any portion of these General Terms is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If Lyons Communications fails to insist upon or enforce strict performance of any provision of these General Terms, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these General Terms.