Home Internet Terms of Service (TOS)
Clarity Internet Terms of Service
Updated 10.01.2025]
Please read these Clarity Internet Terms of Service (these “Terms of Service”) carefully as they contain important information regarding your rights and obligations. These Terms of Service establish a contractual relationship between you, the customer (“you”, “your”, “yourself”, or “User(s)”, “Customer(s)”, or “Subscriber(s)”) and Clarity Tel Inc., a Delaware corporation (“we”, “us”, “our”, or “Clarity”). By using Clarity’s Internet Products (as defined below) and/or services, you or anyone accessing the Internet Products and/or services are agreeing to be bound by these Terms of Service, Clarity’s Privacy Policy and any and all links or references to other policies on our website that may be incorporated herein.
If a term is not defined in these Terms of Service, you hereby agree that it shall be construed in accordance with customary usage in the wireless communication and technology industry. The words “shall” and “must” are mandatory and refer to required actions taken by you or Clarity. The word “should” expresses an expectation on behalf of you or Clarity but does not represent a mandatory requirement. The “Clarity’s 5G Pro Routers”, as it is referred to on Clarity’s internet website (www.MyClarityWireless.com/internet), is hereby referred to as the “Internet Product”. In order to operate the Internet Product, you will need to purchase monthly internet service called the “Monthly Internet Plan”. FOR THE AVOIDANCE OF DOUBT, THESE TERMS OF SERVICE SHALL SOLELY REFER TO THE INTERNET PRODUCT, MONTHLY INTERNET PLAN, AND ITS APPLICABLE INTERNET SERVICE. NO OTHER CLARITY PRODUCT AND/OR SERVICE IS COVERED BY THESE TERMS OF SERVICE. FOR INFORMATION REGARDING OTHER CLARITY PRODUCTS AND/OR SERVICES, PLEASE REFER TO WWW.MYCLARITYWIRELESS.COM.
BEFORE YOU PURCHASE AND/OR USE THE INTERNET PRODUCT, MONTHLY INTERNET PLAN, AND/OR ITS APPLICABLE SERVICES, PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY PURCHASING AND/OR USING THE INTERNET PRODUCT, MONTHLY INTERNET PLAN, AND/OR SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, PLEASE DO NOT PURCHASE AND/OR USE THE INTERNET PRODUCT, MONTHLY INTERNET PLAN, AND/OR SERVICES. CLARITY RESERVES THE RIGHT TO REFUSE THE INTERNET PRODUCT, MONTHLY INTERNET PLAN, AND/OR SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
THESE TERMS OF SERVICE MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH CLARITY THAT EXPRESSLY REFERENCES AND SUPERSEDES THESE TERMS OF SERVICE (A “SUPERSEDING AGREEMENT”).
- Fair Use Policy
Our goal at Clarity is to provide high-speed and high-bandwidth internet access to our entire community of Users. To ensure we optimize our data network to provide the best speeds to our Customers, we practice an industry standard Fair Use Policy, consistent with most wireless communication providers and broadband company policies for data usage. Coverage is not guaranteed in all locations in the United States. In order to ensure Fair Use for all of our Customers, because our network is a limited resource, Customers who utilize a high amount of data will experience reduced network speeds, based on location and service. We strongly recommend disabling apps and features that consume data in the background, including cloud syncing, large system updates, auto-backups, auto-app updates, and avoid extended use of video streaming, gaming, and other online activities that consume large amounts of data.
- Acceptance of terms
2.1 These Terms of Service may be accepted by clicking the “I accept” button or checking a checkbox if such button or such function is available via the user interface for the Internet Product and/or service. Your acceptance of these Terms of Service begins when you: (a) accept these Terms of Service digitally during the submission of your order; or (b) use the Internet Product and/or services. By performing any of the proceeding actions, you indicate that you have carefully read and understood these Terms of Service and you agree to be bound by these Terms of Service. If you do not agree with the terms, conditions, and/or policies detailed in these Terms of Service, please refrain from purchasing and/or using the Internet Products and/or services. If you are currently using the Internet Product and/or services and no longer agree with the terms, conditions, and/or policies detailed in these Terms of Service, please terminate your use of the Internet Products and/or services immediately and contact us using the methods described in the “Contact” Section below.
2.2 If you are an individual accessing or using the product on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then you are agreeing to these Terms of Service on behalf of yourself and such Organization, and you represent, warrant, and covenant that you have the legal authority to bind such Organization to these Terms of Service. References to “you”, “your”, and “yourself” in these Terms of Service shall refer to both the individual using the Internet Product and/or services and to any such Organization.
- Eligibility to Purchase
3.1 Clarity shall only allow purchases from adults who are at least eighteen (18) years of age. If you are not eighteen (18) years of age, you must represent that you are at least the age of majority in your respective state. If you are under the age of eighteen (18) and do not represent at least the age of majority in your respective state, please do not purchase any of the products and/or services. By clicking the “I accept” button or checking a checkbox if such button or function is available via the user interface for the Internet Product and/or service, you affirm that you are at least eighteen (18) years of age or represent that you are at least the age of majority in your state.
3.2 We reserve the right to refuse service to anyone for any reason at any time.
- Delivery
Clarity asks and requests that you inspect all equipment upon receipt and verify that the Internet Product and services are in good working order and condition. It is your responsibility to ensure that you are available to receive and accept the delivery of the product. If upon delivery and inspection, you are not satisfied with the Internet Product and/or service(s), please see and utilize our return policy set forth in Section 13 below and/or contact us using the methods described below in the “Contact” Section below.
- Use of Products
You agree to use the Internet Product, services, and any equipment in accordance with these Terms of Service and with their respective provided instructions or starting guides. You further agree to NOT partake in any of the following:
- make repairs or modifications, or alter in any way, the Internet Product or equipment (including but not limited to the swapping of a non-authorized equipment battery);
- remove or alter any certification markers affixed to the Internet Product or equipment;
- use the Internet Product or equipment for any illegal purposes, including in violation of your jurisdiction (including but not limited to copyright laws);
- use the equipment, Internet Product, services, or its content: (i) for any unlawful purpose, (ii) to solicit others to perform or participate in any unlawful acts, (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (iv) to infringe upon or violate Clarity’s intellectual property rights or the intellectual property rights of others, (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (vi) to submit false or misleading information, (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Internet Product or services or of any related website, other websites, or the Internet, (viii) to collect or track the personal information of others, (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose, or (xi) to interfere with or circumvent the security features of the services or any related website, other websites, or the internet.
If any of the violations above take place, you agree to be bound by the applicable fees outlined in our Section 13 below. Clarity reserves the right to terminate your use of the Internet Product and/or services and/or pursue legal action for violating any of these prohibited uses.
- Accuracy of Content
Clarity will take reasonable efforts to accurately display the attributes of the Internet Product and/or services we provide and sell. Clarity does not warrant nor represent that product descriptions, service descriptions, or other content is accurate, complete, or error free. Please note, all prices and promotions are subject to change. Clarity cannot confirm the availability or price of an item until you place your order. Despite Clarity’s efforts, an item may not be available, the offer may have been misstated, or an item may be mispriced. Clarity may cancel your order or contact you for instructions on the order for, any of the reasons listed above or other reasons not specified herein. Further, Clarity reserves the right to limit quantities and to revise, suspend, or terminate a promotion, product, or service at any time without notice.
- Third Parties
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement whatsoever. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our website, www.MyClaritywireless.com/internet, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
7.2 Certain content, products, and services available through our service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of products, goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third-party.
7.3 Clarity may contact Users via a multitude of methods, including, but not limited to, the following: (i) email; (ii) text; (iii) call; and/or (iv) various social media messaging tools and applications. Additionally, Clarity and its affiliated third parties may contact Users on our behalf for marketing, security, payment, or other purposes. By purchasing Clarity’s services, you agree to receive communications from Clarity and its affiliated third parties through any of the above-mentioned methods. You also acknowledge and agree that Clarity and its affiliated third parties may use automated technology, including pre-recorded messages and text messages, to contact you. If you wish to opt-out of marketing communications, you may do so by contacting Clarity via the methods described in the “Contact” Section below. Please note that even if you opt-out of marketing communications, you may still receive communications from Clarity or its affiliated third parties related to your account such as payment reminders or security updates.
7.4 By agreeing and accepting these Terms of Service, you hereby consent and agree that Clarity and/or any collections agencies that work on behalf of Clarity may contact you about your account status, including, but not limited to, the following: (i) past-due or current charges; (ii) service related inquiries; (iii) payment and billing obligations; (iv) collection of past due or current charges; and/or (v) payment reminders through the use of (a) the use of pre-recorded calls; (b) emails; (c) live-calls; and/or (d) messages delivered by an automatic telephone dialing system to any wireless phone number, contact number, or email address you provide to us. Clarity will treat any email address you provide to us as your private email that is only accessible by you; you acknowledge that we may send you receipts, notices, and other documentation regarding your service to this email address. Unless you notify us that your wireless service is based in a different time zone, calls will be made to your cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number you provide to us.
- User Feedback
8.1 By using the Internet Product and/or services provided by Clarity, you acknowledge and agree that any comments or feedback provided by you may be used, reproduced, and/or published by Clarity for promotional and/or marketing purposes without any compensation to you.
8.2 You understand that any comments or feedback you provide to Clarity will become the property of Clarity and may be used by Clarity for any purpose, including, but not limited to, improving the quality of the Internet Product and/or services, developing new products and/or services, and enhancing the overall user experience.
8.3 Clarity reserves the right to edit, delete, or refuse to post any comments and/or feedback that it deems inappropriate and/or offensive. You agree that your comments and/or feedback will not violate any rights of any third party, including, but not limited to, intellectual property rights, privacy rights, and publicity rights.
8.4 You also acknowledge that any comments or feedback you provide to Clarity will be considered non-confidential and non-proprietary. Clarity shall have no obligation to keep any such information confidential and may use it in any way it chooses. By providing comments and/or feedback to Clarity, you represent and warrant that you have the right to provide such comments and/or feedback and that such comments and/or feedback do not infringe the rights of any third party.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD REFRAIN FROM PROVIDING ANY COMMENTS OR FEEDBACK TO CLARITY.
- Clarity Money Back Guarantee Policy
Clarity offers a seven (7) day money-back guarantee on the Monthly Internet Plan, which begins upon your receipt of the Internet Product. Customers who receive the Internet Product and are not satisfied with its service or performance are eligible to receive a refund of the Monthly Internet Plan, conditioned upon you notifying us within seven (7) days of receipt of the Internet Product. PLEASE NOTE, in order to receive a refund for the Monthly Internet Plan, you must return the Internet Product to us. IN NO EVENT shall Clarity provide a refund for the Monthly Internet Plan if: (a) Clarity is notified after seven (7) days from your receipt of the Internet Product; or (b) you do not return the Internet Product. Please refer to the return policy outlined in Section 13 below for more information on how to return your Internet Product.
PLEASE NOTE, the Clarity Money Back Guarantee Policy does not cover lost or stolen devices. Further, the Clarity Money Back Guarantee Policy does not cover damage caused by a Customer, whether accidental or intentional.
- Refurbished Products
Clarity is committed to environmental sustainability and reducing our carbon footprint. As part of our dedication to preserving the environment, we employ a responsible and eco-conscious approach towards the Internet Product, particularly in the case of our refurbished products. We believe in the power of reusing quality electronics to reduce waste and minimize the consumption of natural resources. Our selection of refurbished products go through a testing and screening process to ensure they meet our internal quality standards. PLEASE NOTE, while Clarity takes reasonable efforts to maintain the safety, privacy, functionality and performance standards of each refurbished product, Clarity does not warrant nor represent any safety, privacy, functionality, and/or performance standards or product guarantee as it relates to refurbished products. If you believe your refurbished product may be damaged, please contact us using the methods described in the “Contact” Section below.
- Charges & Fees
Each Internet Product must use one of the Monthly Internet Plans. Billing for the Internet Product and Monthly Internet Plan shall be conducted together in accordance with the terms and conditions set forth below:
- Internet Product: The Internet Product is onlyoffered for rent/lease. You will be billed the monthly rental/lease rate quoted to you at the time of purchase. Rent/lease rates may be subject to applicable taxes. You will be billed the monthly rental/lease rate (and any applicable taxes) alongside your selected Monthly Internet Plan as referenced in subsection (c) of this Section below. In the event of cancellation, either by you or by us, or termination of your service, you must return your rented/leased Internet Product and may be subject to additional fees as outlined in the return policy referenced in Section 13 of these Terms of Service. Rent/lease prices may be subject to change upon prior notice to Customers.
- Refundable Deposit: You may be quoted and charged a refundable deposit at the time of purchase. The refundable deposit may be subject to applicable taxes. Upon cancellation of your Monthly Internet Plan and returning the Internet Product in working condition, this refundable deposit will be returned to you. PLEASE NOTE, in the event that the Internet Product is not returned or is returned damaged, not in working condition, or with missing equipment, the refundable deposit may be withheld, in whole or in part, and you may be charged additional fees. For more information, please see Section 13 below.
- Monthly Internet Plan: You will be billed in accordance with the quoted rate you receive for the Monthly Internet Plan that you select. The Monthly Internet Plan shall be charged prepaid and automatically for each Cycle (as defined in subsection (h)of this Section below) to the payment method you provided at checkout (credit or debit card).
- Duty / VAT / Tax Charges: Depending on the location of where your purchased products are being shipped and/or billed to, you may be subject and responsible for the associated and respective Duty / VAT / Tax Charges. The applicable Duty / VAT / Tax Charges will be quoted to you at the time of purchase.
- Administrative Fee: You may be subject to an additional administrative fee. The administrative fee allows Clarity to offset the rising costs associated with regulatory compliance in the broadband and telecommunications industry. Costs associated with our network, including facilities (e.g., leases), operations, maintenance, and protection, and costs paid to other companies for network services, are included in this fee. The administrative fee is not a tax or charge that the government requires us to collect. Other broadband and telecommunication providers also enforce similar fees for similar reasons. Please note that the administration fee may be subject to change at any time without prior notice.
- Economic Adjustment Fee: You may be subject to an additional economic adjustment fee. The economic adjustment fee allows Clarity to maintain high-quality, efficient customer service while offsetting the rising costs of operations due to inflation. The economic adjustment fee is not a tax or charge that the government requires us to collect. Other broadband and telecommunication providers also enforce similar fees for similar reasons. Please note that the administration fee may be subject to change at any time without prior notice.
- Shipping Fee: Customers will be subject to associated shipping fees as it relates to the purchase of the Internet Product. Additionally, shipping fees may be subject to associated taxes (as described in Subsection (d)of this Section).
- Billing Terms: All charges and fees listed under this Section shall be billed on cycles starting on the fifth (5th) of each month and ending on the fourth (4th) of each successive month (the “Cycle”). Customers shall be prorated for any initial Cycle that begins in the middle of the Cycle.
Please note, the above is subject to change at any time by Clarity. If a change is to occur to our billing Cycles, you shall receive sufficient notice of our billing migration and you will have the opportunity to object to any future billing migration.
- Ownership
Please note, the Internet Product is the property of Clarity Wireless. Renting/leasing the Internet Product does NOT give you title and/or ownership to the Internet Product. You may not assign, resell, distribute, rent, or transfer the Internet Product or your rights or obligations as it relates to the Internet Product under these Terms of Service to any other person or entity. You will obtain limited property rights to the Internet Product for and limited to your personal use and not for resale or distribution. Such limitation to personal use, as described in the preceding sentence, shall only be applicable during the duration of your continued monthly service. In the event that either we or you terminate or cancel your service, you must return the Internet Products to us by following the instructions set forth in Section 13 below.
- Return and Termination Policy
Your service may be terminated by us at any time without prior notice for: (a) breach of any of the terms, conditions, and/or obligations contained in these Terms of Service; or (b) for any reason or no reason whatsoever. You may also terminate your service at any time.
In the event of termination, whether by you or by us, within the seven (7) day money back guarantee period (referenced in Section 9):
- You must return the Internet Product in order to receive a refund for your Monthly Internet Plan or any deposit charged at the time of purchase. Please speak with a Clarity agent within seven (7) calendar days of the Internet Product being delivered to your shipping address. An agent may be contacted using https://www.myClaritywireless.com/contact-usvia phone call, live chat, or email. If a return/refund request is submitted after seven (7) calendar days of the Internet Product’s delivery, you may only be eligible to receive the refundable deposit. Please see the section regarding termination after the 7-day refund window if you wish to submit a return/refund request after seven (7) calendar days of the Internet Product’s delivery.
- After you have submitted a return/refund request, a Clarity agent will process your request and email you instructions on generating a return shipping label with a common carrier.
- Once you receive a return shipping label, you will be required to ship the Internet Product back, along with all of its original parts and in its original condition, including, but not limited to, (i) original box; (ii) charging cable; and (iii) Ethernet cables. To be eligible for a refund, you must ensure that the Internet Product is delivered to and in the possession of a common carrier within seven (7) calendar days of your receipt of the return shipping label.
- Once our warehouse team receives, inspects, and verifies the condition of your Internet Product, your refund will be applied to the payment method used at the initial checkout. Please note, the process for inspection and verification by our warehouse team may take up to ten (10) business days from the time our warehouse team receives your Internet Product. You will receive a confirmation email once your refund has been processed. Shipping fees, administrative fees, economic adjustment fees, and applicable taxes are NON-REFUNDABLE.Additionally, please note that (depending on your bank of choice) it may take up to fourteen (14) business days for your refund to be reflected in your account.
If the Internet Product is returned in working condition and in accordance with this Section 13, you may be eligible to receive a refund for: (a) the refundable deposit and/or (b) the Monthly Internet Plan.
If the Internet Product is determined by our warehouse team to be damaged, contain cosmetic blemishes, or is missing parts, you will not be eligible for a refund of the Monthly Internet Plan and/or the rent/lease of the Monthly Internet Product. Additionally, your refundable deposit may be depleted, in whole or in part, in accordance with the following fees:
- Missing charging cable: $15.00
- Missing ethernet cable: $10.00
- Box not returned: $10.00
- Contains medium to heavy signs of use or cosmetic blemishes: $100.00
- Non-returned Internet Product or Internet Product with major cosmetic blemishes / damaged / broken / non-resalable: up to $250.00 (***any deposit amount quoted to you and paid by you at the time of checkout will be deducted from the $250 and the difference will be charged to your account***)
In the event of termination, whether by you or by us, after the seven (7) day money back guarantee period (referenced in Section 9):
There will be no refunds of the Monthly Internet Plan and/or the rent/lease of the Monthly Internet Product if you terminate your service outside of the first seven (7) calendar days of receiving your Internet Product. If you would like to terminate your service prior to the start of a new billing Cycle, and avoid being charged for the upcoming Cycle, you must submit your return request at least five (5) business days prior to your new Cycle start date.
- Please speak with a Clarity agent. An agent may be contacted using https://www.myClaritywireless.com/contact-usvia phone call, live chat, or email.
- After you have submitted a return request, a Clarity agent will process your request and email you instructions on generating a return shipping label with a common carrier.
- Once you receive a return shipping label, you will be required to ship the Internet Product back, along with all of its original parts and in its original condition, including, but not limited to, (i) original box; (ii) charging cable; and (iii) Ethernet cables. You are responsible for ensuring that the Internet Product is delivered to and in the possession of a common carrier within seven (7) calendar days of your receipt of the return shipping label. Failure to do so will result in a fee listed as “Non-returned Internet Product or Internet Product with major cosmetic blemishes/damaged/broken/non-resalable” and you will not be eligible to receive your refundable deposit. Additionally, please note that if you are eligible for a refund, (depending on your bank of choice) it may take up to fourteen (14) business days for your refund to be reflected in your account.
If the Internet Product is returned in working condition and in accordance with this Section 13, you will be eligible to receive a refund for the refundable deposit.
If the Internet Product is determined by our warehouse team to be damaged, contain cosmetic blemishes, or is missing parts, your refundable deposit may be depleted, in whole or in part, in accordance with the following fees:
- Missing charging cable: $15.00
- Missing ethernet cable: $10.00
- Box not returned: $10.00
- Contains medium to heavy signs of use or cosmetic blemishes: $100.00
- Non-returned Internet Product or Internet Product with major cosmetic blemishes / damaged / broken / non-resalable: up to $250.00 (***any deposit amount quoted to you and paid by you at the time of checkout will be deducted from the $250 and the difference will be charged to your account***)
Please note, any fees listed in this Section 13 shall be automatically charged to the payment method you provided at the initial checkout. This Return and Termination Policy is subject to change at any time without prior notice, so please make sure to check this page on a periodic basis.
- Non-Payment/ Collections
By agreeing and accepting these Terms of Service, you hereby consent and agree that Clarity and/or any collections agencies that work on behalf of Clarity may contact you about your account status, including, but not limited to, the following: (i) past-due or current charges; (ii) service related inquiries; (iii) payment and billing obligations; (iv) collection of past due or current charges; and/or (v) payment reminders through the use of (a) the use of pre-recorded calls; (b) emails; (c) live-calls; and/or (d) messages delivered by an automatic telephone dialing system to any wireless phone number, contact number, or email address you provide to us. Clarity will treat any email address you provide to us as your private email that is only accessible by you; you acknowledge that we may send you receipts, notices, and other documentation regarding your service to this email address. Unless you notify us that your wireless service is based in a different time zone, calls will be made to your cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number you provide to us.
- Technical Support
For any technical support inquiries, please contact us at https://www.myClaritywireless.com/contact-us.
- Disclaimer of Warranties
CLARITY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE INTERNET PRODUCT, MONTHLY INTERNET PLAN OR THESE TERMS OF SERVICE. CLARITY CANNOT WARRANT ITS PRODUCTS AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO THE INTERNET PRODUCT AND MONTHLY INTERNET PLAN, WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS AND REQUIREMENTS, OR THAT ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. CLARITY CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD-PARTY PRODUCTS AND/OR SERVICES. CLARITY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS AND/OR SERVICES, AND ANY THIRD-PARTY PRODUCTS AND/OR SERVICES ACCESSED THROUGH ITS PRODUCTS AND/OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE INTERNET PRODUCT, MONTHLY INTERNET PLAN, AND FOR ANY RELIANCE ON ANY THIRD-PARTY PRODUCTS AND/OR SERVICES.
WHILE CLARITY WILL DELETE ALL PERSONAL INFORMATION LEFT ON A RETURNED INTERNET PRODUCT, YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING YOUR PERSONAL INFORMATION PRIOR TO RETURNING AN INTERNET PRODUCT.
- Governing Law and Arbitration
Please contact https://www.myClaritywireless.com/contact-us to attempt to resolve any and all disputes. If a dispute is not resolved within sixty (60) days of submission, you or Clarity may proceed to formal dispute resolution.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You and Clarity agree that any legal action, suit, or judicial proceeding to resolve claims relating to these Terms of Service will be brought in the courts of Jefferson County, Texas, subject to the Mandatory Arbitration Provisions below. Both you and Clarity consent to venue and personal jurisdiction in such courts.
Mandatory Arbitration Provision
BOTH PARTIES AGREE WAIVE THEIR RIGHT TO TRIAL BY JURY, AND INSTEAD TO ARBITRATE. YOU AND CLARITY AGREE TO RESOLVE ANY CLAIMS RELATING TO THESE TERMS OF SERVICE THROUGH FINAL AND BINDING ARBITRATION, INCLUDING DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS “MANDATORY ARBITRATION PROVISION” SECTION, INCLUDING ITS ENFORCEABILITY, REVOCABILITY, OR VALIDITY.
YOU AND CLARITY AGREE THAT ANY ISSUE, CLAIM, CONTROVERSY, OR DISPUTE THAT ARISES, RESULTS FROM, OR IN ANY WAY RELATES TO THESE TERMS OF SERVICE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS MANDATORY ARBITRATION PROVISION, SHALL BE DETERMINED BY ARBITRATION IN THE JEFFERSON COUNTY AREA BEFORE ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE ARBITRATING CLAIMS RELATING TO COMMERCIAL CONTRACTS (IN A MANNER THAT IS FAIR AND TRANSPARENT TO BOTH PARTIES), SELECTED BY CLARITY AND IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (‘AAA’). THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
NO CLASS ACTIONS. You may only resolve disputes with Clarity on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. You and Clarity agree that in NO event shall any claim, action, or proceeding be brought as a class action, collective action, or representative action.
This Mandatory Arbitration Provision is optional. You may decline or opt out of this Mandatory Arbitration Provision by sending a written and signed notice to legal@MyClaritywireless.com within thirty (30) calendar days of purchasing the products and/or services. PLEASE NOTE, failure to send a written and signed notice within thirty (30) days of your purchase of the products and/or services constitutes acceptance of this Mandatory Arbitration Provision.
- Indemnification
By agreeing to these Terms of Service, you agree to indemnify, defend, and hold harmless Clarity and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and other customers against any and all claims, demands, losses, costs, or expenses, including but not limited to reasonable attorneys’ fees, in any way connected with: (a) a breach of these Terms of Service, (b) any dispute between you and any third-party product, service, or site, which you engaged through the Internet Product, Monthly Internet Plan, and/or services, and (c) any unauthorized or illegal use or distribution of the products and/or services.
- Limitation of Liability
In no case shall Clarity, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products, services, or products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum extent permitted by law.
Clarity’s total aggregate liability to you, from all causes of action and under all theories of liability, will be limited to and will not exceed the total amount of fees paid by you under these Terms of Service. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
- Force Majeure
In the event that Clarity fails to perform any obligation pursuant to these Terms of Service due to an “act of god”, or an act of any government, terrorism, riot, labor strike(s), industrial dispute(s), war, accident, any deficiency in materials or transportation, or any other cause of any nature beyond Clarity’s control, such failure shall not be deemed to be a breach of these Terms of Service provided that Clarity takes reasonable measures to notify you of the existence and nature of the reason for the nonperformance and/or delay, and Clarity resumes performance immediately upon the conclusion of the relevant force majeure. Clarity will make reasonable efforts to mitigate the impact of such an event on its customers.
- Miscellaneous
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. Expiration or termination of your service will not relieve you of any payment obligations hereunder. You may not assign or transfer any of your rights or obligations under these Terms of Service without Clarity’s prior written consent. You agree that Clarity may assign these Terms of Service without prior notice in the event of a merger, acquisition, or sale of all or part of Clarity’s business. If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof). Additionally, if any provision of these Terms of Service is held to be void, illegal, invalid, or unenforceable, (i) the legality, validity, and enforceability of the remaining Sections and provisions of these Terms of Service shall not be affected or impaired hereby and (b) the provision in question shall be deemed void and shall be replaced by a legal, valid, and enforceable provision that comes as close as reasonably possible to the commercial intent of the original provision. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
- Privacy Policy
By using the Internet Product and/or services, or visiting or using the website in any manner, you acknowledge that you accept the practices and policies detailed in Clarity’s Privacy Policy. We encourage you to review Clarity’s Privacy Policy periodically to stay informed about how we are collecting, using, disclosing, storing, and/or processing the personal information we collect.
If you have any questions or concerns regarding Clarity’s Privacy Policy, please contact us using the methods described in the “Contact” Section below.
- Changes
Clarity reserves the right to modify, amend, or replace any part of these Terms of Service, including Charges & Fees (identified in Section 11 of these Terms of Service), at any time. Any changes that we make to these Terms of Service will be reflected on this page, and the revised date will be updated at the top of the page. We encourage you to review this page periodically to stay informed about your rights and obligations. If any material changes are made to these Terms of Service, a notice will be displayed on our website, www.MyClaritywireless.com/internet, prior to the effective date of the changes. Note that your continued use or access to the Internet Product and/or service following Clarity posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to any modification of these Terms of Service, your sole remedy is to discontinue your use of the Internet Product and/or service. The most current version of these Terms of Service supersedes any and all previous versions.
Contact
If you have any questions or concerns regarding these Terms of Service, please contact us by e-mail at legal@myClaritywireless.com or by mail at 2401 Fountain View Dr. Ste 464 #2277 Houston, Tx 77057.
Customer Service Inquiries
For any and all customer service needs and inquiries, Clarity Customer Support may be contacted here 6 days a week from 10AM to 7PM CST. Need more help? Visit our Help Center for answers to Frequently Asked Questions.
