Website Terms of Use

General Terms, Conditions, and Policies for the Use of Volt Broadband, LLC’s Website and Mobile Applications

Welcome to Volt Broadband, LLC! You have accessed these terms, conditions, and policies through a website (the “Website”) or a mobile application (an “Application”) of Volt Broadband, LLC (“Volt Broadband”). You agree that these terms, conditions, and policies (collectively, the “Site Terms”) shall govern your use and accessing of the Website, directly or through an Application, as well as any of Volt Broadband’s online services, product offerings, mobile text program, and other services, tools, or programs offered by Volt Broadband (collectively, the “Services”). The term Website as used in these Site Terms includes any Application used to access the Website. Throughout these Site Terms, “user”, “you”, “your” and “yours” refer to any person or entity using or accessing the Website, and reference to “we”, “us,” and “ours” refers to Volt Broadband. This Website and our privacy policy (available at https://www.voltbroadband.com/privacy-policy ) (the “Privacy Policy”) and, as applicable, our terms and conditions for certain services you purchase or any account you create through our Website or Application are incorporated herein and made a part of these Site Terms, and govern your use of the Website.

BY ACCESSING THE WEBSITE, DIRECTLY OR THROUGH AN APPLICATION, OR UTILIZING ANY OF VOLT BROADBAND’S SERVICES, YOU AGREE TO BE BOUND BY THESE SITE TERMS. PLEASE READ THEM CAREFULLY. THESE SITE TERMS CONTAIN A WAIVER OF CERTAIN RIGHTS IN SECTION 10.

1. Eligibility

You must be at least 13 years old to use the Website or the Services, except that some Services might require that you must be 18 years or older. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Site Terms on your behalf and you may only access and use the Website and Services with permission from your parent or legal guardian.

2. Acceptable Use of the Website and Services

You are responsible for your use of the Website and Services, and for any use of the Website or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. You will not use the Website for any use other than your personal use in connection with your business relationship with Volt Broadband. When you use the Website or Services, you will not take any of the following actions with respect to the Website, the Services, or the server hosting the Website, nor will you use our Website, the Services, or the server to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Website so as to in any manner:

• violate any law or regulation or violate these Site Terms;
• violate, infringe, or misappropriate the intellectual property, privacy, publicity, or other legal rights of any other party;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as “spam”, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise;
• use any robot, spider, scraper or other automatic or manual means to access the Website or Services, copy any content or information on the Website, or engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website or Services;
• transmit any viruses, malware, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• disable, overburden, impair or otherwise interfere with or interrupt the Website or Services or any hardware, software, system or network connected with the Website;
• attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any Web pages contained in the Website or the Services or to harvest or otherwise collect information about individuals;
• attempt to cause damage to or through the Services or to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website or Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide, support, or protect the Website or Services or which derives the source code of or decrypts the Website or server hosting the Website; 
• use the Services in any way that results in the commercial resale of Volt Broadband’s products, offerings, software, or Services without the prior written consent of Volt Broadband; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Some of the Services are made available through the use of third-party suppliers and service providers (“Suppliers”). By using the Services, you agree to comply with all terms and notices as such Suppliers may provide.

3. Prohibition on, and Remedies for, Unauthorized Use

Any use of this Website contrary to the Site Terms or any applicable local, state, federal, or international law or regulation, in effect at the time of such use, is unauthorized and prohibited. You may not use the Website if you do not agree to these Site Terms. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Site Terms, including the right to block access from a particular Internet address to the Website. You agree that any violation, or threatened violation, by you of these Site Terms will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate without the necessity of posting a bond or other security therefor. These remedies are in addition to any other remedies we may have at law or in equity.

4. Ownership of Volt Broadband Content

This Website and the Services are proprietary to Volt Broadband. Except as otherwise indicated, all information, content, text, images, logos, designs, graphic art, photographs, presentation, layout, documentation, and other materials or data (collectively, the “Content”) on the Website are the subject of copyrights, trademarks, service marks, trade dress, or other intellectual property or are proprietary rights held by, or licensed to, Volt Broadband, including, but not limited to, the Volt Broadband name and logo.

The Content of this Website may not be published, copied, distributed, transmitted, modified, exploited, or used in the creation of derivative works, in any form or by or to any entity (other than Volt Broadband) for any purpose without the prior written consent of Volt Broadband; provided, however, that visitors and users of the Website may download Content in connection with the ordinary business purposes of the Website for use by a single user using a standard Web browser, so long as such Content is not modified, altered, deleted, retransmitted, published, or otherwise changed.

You are granted a limited, non-sublicensable license to access and use the Website and Services, and all material therein, for personal, informational and consumer transactional purposes only. This limited license does not include the resale, commercial use, distribution, public display or performance of the Website and Services or any materials therein, nor does it permit reverse engineering of any Website or Service for any purpose, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.

This Website also features registered and non-registered trademarks, service marks, and copyright-protected content some of which may belong to third parties. It may also contain various forms of trade dress. Many of these trademarks, service marks, and copyrights are federally registered. Volt Broadband makes fair use of in this Website of copyrighted material and trademarks owned and used by third parties. Volt Broadband makes no claim to ownership of those copyrights or marks. Use of any trademarks, service marks, copyrights, and trade dress featured or contained in, or linked via, this Website without permission is strictly prohibited.

5. User Content

The Website and some of the Services allow you to upload, store, send, or receive content and data (“User Content”). User Content does not include Submissions (defined below). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Website or Services, including without limitation, through use of any Volt Broadband-branded hashtag(s), you give us permission, without notice to you, to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Website and Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Website and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Website and Services.

You promise that:

• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

You understand and agree that any use by us of User Content is in our sole discretion – we have no obligation to utilize User Content you submit. We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Website or Services or any other service or location for any reason.

Submission of any remarks, suggestions, material, information, ideas or other communications (each a “Submission”) to the Website or through the Services, including those on a public-facing forum made available through the Services, will be maintained by us, and at our discretion shall be deemed to transfer to us all present and future ownership and intellectual property rights in such Submission. All Submissions by you are voluntary. Volt Broadband has no obligation to treat a Submission as confidential or to compensate you in any manner for the Submission. You agree that Volt Broadband has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a Submission. If any court determines that we do not retain exclusive ownership of any Submission, then we retain a royalty free, exclusive, perpetual, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the Submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. Please also review our Privacy Policy regarding use of your feedback and Submissions. We are unable to review new ideas from outside the Volt Broadband system. You expressly waive any and all claims against Volt Broadband in connection with our consideration, use or development of any product, design, concept or other materials similar or identical to your Submission now or in the future.

6. Modification of Website and Services

In preparation of this Website, we’ve strived to offer visitors current, accurate, and clearly expressed information about our products and services. However, inadvertent errors can occur. Please be aware changes are made periodically to this Website and may be made at any time without notice in our sole discretion. Modifications to these Site Terms will be posted on the Website and the “Last Updated” date at the bottom of this web page will be revised. You understand and agree that if you use the Website after the date on which the Site Terms have changed, we will treat your use as acceptance of the updated Site Terms.

7. Pricing

You understand that: (a) the prices for Services displayed through the online ordering features of this Website may differ depending on the date and time on which you order, (b) the prices for Services may differ depending on whether a currently-effective discount or promotion is applicable when you order, and (c) Volt Broadband reserves the right to change the prices for Services displayed through the online ordering features of this Website and applicable fees or surcharges at any time. Charges paid for completed orders are final and non-refundable. Volt Broadband has no obligation to provide refunds or credits, but may grant them, in our sole discretion.

8. Privacy — Your Account

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. When you agree to these Site Terms, you acknowledge that you have reviewed or been provided the opportunity to review our Privacy Policy.

In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your account information, including, without limitation, your username and password and payment method information. You should not use the same username and password for your account as you use for other accounts. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

9. Links — Third Party Providers and Content

The Website and Services may contain links to other websites and online resources. Hyperlinks to other websites are provided solely as a convenience and do not constitute Volt Broadband’s endorsement or approval of, assurance of the accuracy of information contained in, or affiliation with, these linked websites or the organizations that provide them unless otherwise noted. You may also have the ability to interact with your account through third party services or choose to have portions of your account information accessible by third parties. Your access to, purchase, download, or use of third-party websites or services is governed by such third-party’s terms and conditions and privacy policy, as applicable. You should always read the terms and conditions and privacy policy applicable to third party websites or services before using or accessing them. By consenting to such interactions, you acknowledge and agree that: (i) third-party providers will have access designated by you to your information and that it is your sole responsibility to evaluate any risks related to your sharing of information with third-party providers; and (ii) we have no control over, and will have no liability for, any damage or loss related to the use of any third-party services or websites. Further, we disclaim all liability for the functionality of any third-party websites or services and, unless otherwise expressly provided, for their interoperability with our Services.

Volt Broadband may provide third party content on the Services (including embedded content) and links to web pages and content of third parties, (collectively, “Third Party Content”). We may also make our Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party service in connection with use of any Volt Broadband Service does not imply our endorsement, affiliation or adoption of the Third Party Content or service, and we make no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such Third Party Content or third party services (for example, if you use Google voice assist services, you agree to comply with its Terms of Service). You acknowledge and agree that Volt Broadband is not responsible or liable in any manner for any damages or losses caused by or related to Third Party Content or services.

10. Limitation of Liability

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOLT BROADBAND AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, FRANCHISEES AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY UNDER LA. C.C. ART. 2520, ET SEQ.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOLT BROADBAND AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE OR SERVICES. VOLT BROADBAND AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, PHISHING, SPIDERING, SCRAPING, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

WITHOUT WAIVING THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, VOLT BROADBAND’S AND ITS AFFILIATES’ LIABILITY FOR ANY DAMAGES ARISING OUT OF THIS WEBSITE OR THE SERVICES, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE TOTAL FEES OR PRICES PAID BY YOU AS OF THE TIME OF THE CLAIM FOR THE SERVICE(S). YOU ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH FOR THE SERVICES ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE SITE TERMS, OR THE USE OF THE WEBSITE OR SERVICES, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Volt Broadband and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Site Terms or a violation of law by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

12. Unavailability of Website or Services

The unavailability of the Website, or the failure of any online transaction for any Service for any reason, shall not relieve any customer or user from, or excuse the delay in the payment or performance of, any obligation owed to Volt Broadband for or in connection with the Services that have been rendered or otherwise. Certain features of the Website may permit you to: (a) report an outage, or (b) view an outage map. Volt Broadband makes these features available as a convenience to you and its other customers but does not warrant or guarantee the accuracy of outage maps accessed through the Website, nor does it guarantee any particular response with respect to outages reported through the Website.

13. Severability

If any term or provision of these Site Terms is held to be illegal or unenforceable, the validity or enforceability of the remainder of these Site Terms will not be affected and shall remain in full force and effect.

14. Assignment

No user or customer of Volt Broadband’s may assign any rights or obligations under these Site Terms or under any other terms, conditions, or policies with respect to the Website or Services without the prior written consent of Volt Broadband. Volt Broadband may freely assign any and all rights, obligations, and any other aspect of these Site Terms to any person or entity in its sole discretion.

15. Governing Law

These Site Terms are governed by, and will be construed in accordance with, the laws of the state of Louisiana without giving effect to its conflicts of law rules.

16. Force Majeure

Notwithstanding anything to the contrary in these Site Terms, and without limiting or restricting in any way the Limitation of Liability set forth in Section 10, above, Volt Broadband will not be liable to any user or customer for failure to perform with regard to the Website or any Services if and to the extent that such failure to perform results from causes beyond its reasonable control including, without limitation, power and/or telecommunication interruptions, strikes, lockouts, or other industrial disturbances, civil disturbances, fires, acts of God, hurricanes, tornadoes, riots, acts of a public enemy, pandemic, compliance with any regulations, order, or requirement of any governmental body or agency, including quarantine or lockdown orders related to any pandemic, or inability to obtain transportation or necessary materials in the open market.

17. Choice of Forum; Personal Jurisdiction

You agree that any action of whatever nature arising from or relating to these Site Terms, the Website, or Services will be filed only in the state court(s) located in Richland Parish, Louisiana, or the United States District Court for the Western District of Louisiana, in the Monroe, Louisiana courthouse. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

18. No Waiver

The failure by us to enforce or delay in enforcing any right or provision of these Site Terms will not prevent us from enforcing such right or provision in the future, nor shall it constitute a waiver or release of any other provision of these Site Terms.

 

Last Updated: December 17, 2021