2. Authorized User, Use, and Responsibility: Customer acknowledges that he or she is 18 years of age or older, and has the legal authority to enter into this Agreement and affirms that the information Customer supplied is correct and complete. Customer understands that Haiti Live Networks, LLC., relies on the information Customer supplies and that providing false or incorrect information may result in provisioning or delivery delays or the suspension or termination of Customer’s Services. Customer agrees to promptly notify Haiti Live Networks, LLC., whenever Customer’s personal or billing information changes (including for example, Customer name, address, telephone number, and credit card number and expiration date).
3. Term: This Agreement goes into effect upon Customer’s acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
4. Payment of Charges: A. Customer will provide Haiti Live Networks, LLC., with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while Customer’s subscription is active. Haiti Live Networks, LLC., will automatically charge Customer’s designated credit card for subscription fees, one-time equipment deposits, applicable service fees, shipping and handling fees as may occur during the course of Customer’s subscription. Types of fees for which credit card payment will be utilized include:
i. For Monthly Subscriptions Haiti Live Networks, LLC., will automatically charge the Customer’s designated credit card each month for that month’s fees in advance. Customer will be billed every 30 days for the Monthly Subscription Fee. Customer authorizes Haiti Live Networks, LLC., to automatically debit the Customer’s credit card on record each month’s subscription fee, any additional VOD usage fees, taxes and any other fees.
ii. For All Subscription Plans
a. Shipping and Handling, and Applicable Service Fees, Haiti Live Networks, LLC., will automatically charge the Customer’s designated credit card for shipping and handling fees, as well as applicable service fees that Customer has pre-approved either during Customer’s initial subscription order or during the course of Customer’s usage of Haiti Live Networks, LLC. Customer acknowledges and agrees that ALL shipping and handling, and applicable service fees are non-refundable.
B. Haiti Live Networks, LLC., is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Haiti Live Networks, LLC., If the charge transaction against the credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), Haiti Live Networks, LLC., will disable access and Customer agrees to pay all amounts due upon demand by Haiti Live Networks, LLC., Every time Customer uses a Haiti Live Networks, LLC., Service, Customer reaffirms that (i) Haiti Live Networks, LLC., is authorized to charge Customer’s designated credit card; (ii) Haiti Live Networks, LLC., may submit charges incurred under Customer’s account for payment; and (iii) Customer will be responsible for such charges, even if Customer’s membership is canceled or terminated.
5. Renewal: Unless cancelled in accordance with Section 13 of this Agreement: Monthly Subscriptions will automatically renew each month at the then prevailing subscription fee for the same package.
6. Subscription Plan Changes: Changing from Monthly Subscription Plan to Annual Subscription Plan can be done any time upon Customer’s request. Requests will be processed by the close of the next business day. Haiti Live Networks, LLC., will credit Customer a pro-rated fee for the partial month and bill Customer for the new Annual Subscription Fee.
7. Communication Charges: Customer is responsible for obtaining and maintaining at Customer’s expense all equipment and services needed to access Haiti Live Networks, LLC., Services. Customer is also responsible for any communication charges incurred by accessing Haiti Live Networks, LLC., Services through a third-party network, such as a cable or wireless carrier.
8. Disruption of Service: In no event shall Haiti Live Networks, LLC., be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond Haiti Live Networks, LLC., reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), Haiti Live Networks, LLC., upon prompt notification of such failure or interruption from Customer, will either provide Customer with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. Haiti Live Networks, LLC., shall not be liable for any incidental or consequential damages.
9. Customer Property: Haiti Live Networks, LLC., assumes no responsibility for the condition or repair of any Customer-provided equipment. Customer is responsible for the repair and maintenance of any Customer-provided equipment.
10. Customer Information: Haiti Live Networks, LLC., maintains Customer-supplied personal identification information for the purpose of account management, billing and collections, and customer support and service management. Haiti Live Networks, LLC., may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of Haiti Live Networks, LLC., Services.
11. REPRODUCTION OF PROGRAMS: CUSTOMER AGREES THAT THE PROGRAMS PROVIDED BY HAITI LIVE NETWORKS, LLC., WILL BE UTILIZED SOLELY FOR CUSTOMER’S PERSONAL, NON-COMMERCIAL USE AND WILL NOT BE DUPLICATED EXCEPT IN COMPLIANCE WITH APPLICABLE LAW.
12. Haiti Live Networks, LLC., Rights:
A. Haiti Live Networks, LLC., has no obligation to monitor content or Services accessible by means of the Haiti Live Networks, LLC., Services. However, Customer acknowledges and agrees that Haiti Live Networks, LLC., has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
B. Haiti Live Networks, LLC., shall have the right to determine in its sole discretion what constitutes an “inappropriate” or “commercial use” of Haiti Live Networks, LLC., Equipment and Services.
13. Cancellation: For Monthly Subscriptions, Customer may cancel the Customer’s Monthly Subscription at anytime. In the event that Customer’s account is cancelled, the Customer will not receive any partial credit for the Monthly Subscription Fee they already paid for that month, and at the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged.
14. 30 Day Money Back Guarantee: All subscriptions and purchases of the Haiti Live Networks Set Top Box, qualify for a 30-Day trial from the date of activation of the service. If Customer is not satisfied with the Haiti Live Networks services within 30 days of their activation date, they can contact the Haiti Live Networks customer service center at 1.877.456.8848 and cancel for a full refund. The customer will be responsible for return shipping costs. Once the set top box is received, the customer will receive a full refund for the set top box minus the shipping costs.
The set top box must be in reasonable condition with the original packaging and accessories, or Haiti Live Networks may charge for missing items or damage by reducing the amount of the refund. All refunds will be made in the same for of payment originally used for the purchase.
Haiti Live Networks will process returns and refunds only for purchases directly from Haiti Live Networks, LLC., Set top boxes purchased from a Haiti Live Networks Agent must be returned to the Agent. THERE ARE NO RETURNS AFTER THE 30 DAY PERIOD
15. Breach of Agreement: If Customer breaches this Agreement or fails to abide by Haiti Live Networks, LLC’s rates, rules and regulations, Haiti Live Networks, LLC., at its option, may terminate the Services .Customer shall pay reasonable collection and/or attorney’s fees to Haiti Live Networks, LLC., in the event that Haiti Live Networks, LLC., shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
16. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of Haiti Live Networks, LLC., and are subject to change at any time in accordance with applicable law.
17. Disclaimer: Haiti Live Networks, LLC., assumes no liability for any program or information distributed over the system unless locally produced by Haiti Live Networks, LLC., Haiti Live Networks, LLC., shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by Haiti Live Networks, LLC.
18. Limitation of Liability: Haiti Live Networks, LLC., does not warrant that the Services or Equipment provided by Haiti Live Networks, LLC., will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Haiti Live Networks, LLC., In no event shall Haiti Live Networks, LLC., (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Haiti Live Networks, LLC., has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
19. Choice of Law: Customer and Haiti Live Networks, LLC., agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and Haiti Live Networks,LLC., shall be construed by and covered under and in accordance with the laws of the State of New Jersey without reference to its principles of conflicts of laws.