Terms of Use Agreement

This Terms of Use Agreement ("Terms of Use") applies to use of the Zirrus, LLC website located at www.zirrusgroup.com (the "Website"). The Website is the property of Zirrus, LLC, LLC (together with its subsidiaries, Data2Go Wireless, D2G Mobile, D2G Movil, Zirrus Telecom, parents, affiliates, and designees “ZIRRUS, LLC”). By using the Website, you agree to be bound by the Terms of Use. If you do not agree to all of the terms, please refrain from using the Website. The Terms of Service found at www.zirrusgroup,.com/termsofservice (“Terms of Service”) are hereby incorporated by reference and your assent to the Terms of Use shall constitute your assent to the Terms of Service as well.

1. Modification and License to use the Website: ZIRRUS, LLC reserves the right, at its sole discretion, to change, add, or remove portions of the Terms of Use, without notice and at any time. It is your responsibility to check the Terms of Use each time before using the Website. Your continued use of the Website following the posting of any changes shall constitute your assent to the updated Terms of Use. Your compliance with the Terms of Use and other subsequent modification shall grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Website.

  1. Copyright and Trademark Notices: The materials available through the Website are the property of ZIRRUS, LLC and are protected by copyright, trademark and other intellectual property laws. You may view, copy, and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices; (2) as a personal shopping resource; (3) for communicating with ZIRRUS, LLC about a company product or service; or (4) for placing an order with ZIRRUS, LLC. You may not otherwise broadcast, download, modify, make available to the public, post, reproduce, sell, store, or transmit content from the Website without the prior written approval of ZIRRUS, LLC. ZIRRUS, LLC shall comply with U.S. copyright laws, including the Digital Millennium Copyright Act of 1998.
  2. Intended Users. The Website is intended for use by individuals over the age of 13. ZIRRUS, LLC will not knowingly collect personally identifiable information from visitors under the age of 13.
  3. User Conduct. You shall be solely responsible for the content and context of all materials you post or submit through the Website. You shall warrant that while using the Website, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (b) are unlawful, threatening, harassing or profane; (c) restrict or inhibit any other user from using or enjoying the Website; or (d) contain a virus or other harmful component, or advertising of any kind. You shall further warrant that you will not use any automatic program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website or any content posted by another user, or in any way circumvent or reproduce the structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information. Furthermore, you shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website.

5. Harmful or Illegal Use

The Website shall only be accessed for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via the Website, including the content of all communication. You shall not distribute, transmit, or store any material that violates any applicable law. Furthermore, the following non-exclusive list details the kinds of illegal or harmful conduct that you shall be prohibited from conducting.

  1. Offensive Materials: Posting or disseminating unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable material. You shall not access or use the Website in any manner for the transmission of images containing child pornography.
  1. Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right. Infringement may result from the unauthorized copying, distribution, and/or posting of articles, logos, pictures, software, musical works, and videos.
  1. Export Violations: Violations of export laws, regulations, and rules, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
  2. Failure to Abide by Third-Party Network or Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
  3. Fraudulent Conduct: (1) the offering or disseminating fraudulent goods, services, schemes, or promotions; and (2) fraudulent business operations and practices.
  4. Falsification/Impersonation: An impersonation of any person or entity; falsely stating or otherwise misrepresenting your affiliation with any person or entity; or creating a false identity for the purpose of misleading others. You shall not use forged headers, invalid or non-existent domain names, or other means of fraudulently presenting yourself.
  1. Harmful Content: You shall not post content that is harmful to the Website or other users of the Website including, but not limited to, Trojan horses, viruses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may interfere with, damage, or secretly intercept or seize any system, program, data, or personal information.

7. Third-Party Website Links: The Website may contain links to other websites that are maintained by third parties over which ZIRRUS, LLC has no control. These links are provided for convenience only. Use of these links will cause you to leave the Website. Use of third-party websites is entirely at your own risk. ZIRRUS, LLC shall not warrant any issue concerning any other site or the information, products or services offered or appearing on or through another site. ZIRRUS, LLC does not sponsor or endorse the operators of the sites or the content, products, or services they provide. ZIRRUS, LLC shall not be liable for the sites' operators, the content, the availability, the accuracy, the quality, the advertising, the products, the services, or other materials offered at the sites. You shall comply with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.

8. Network Security and Integrity: You shall not violate the security of the Website in any way. Such violations shall make you criminally and civilly liable. ZIRRUS, LLC is not obligated to investigate any violation of the Website. ZIRRUS, LLC may choose to cooperate with law enforcement where criminal activity is suspected. Examples of Network security violations include, but are not limited to:

  1. Hacking: Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
  2. Intentional Interference: Interference with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
  1. Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
  2. Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Network, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.

e.     Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by ZIRRUS, LLC, or attempting to gain unauthorized access to any information that relates to any ZIRRUS, LLC customer or other end-user. ZIRRUS, LLC shall take any action it deems necessary to (1) protect the Website, its rights, or the rights of its customers or third parties, or (2) optimize or improve its Website, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent via the Website. ZIRRUS, LLC is entitled at any time to filter "spam," or prevent "hacking," "viruses," or other potential harms from injuring the Website.

9. Ownership; No Licenses: ZIRRUS, LLC shall maintain ownership of all documents and materials delivered to you via the Website. Furthermore, ZIRRUS, LLC shall maintain all names, service marks, trademarks, trade names, logos and domain names of ZIRRUS, LLC. ZIRRUS, LLC shall own all other intellectual property rights in the data, schematics, layout, designs, specifications, firmware and software related to the Website. Nothing in the Terms of Use or Terms of Service shall grant you the right or license to use any such software, information, or marks except for your nonexclusive use of the Website and information in connection with your personal use of the Website. You shall not decompile, disassemble, reverse engineer or modify the Website or any product purchased from ZIRRUS, LLC, or combine it with, or incorporate it in, other products without prior written consent from ZIRRUS, LLC.

  1. Use of Customer Information: When you agree to the Terms of Service, you also assent to the terms of our Privacy Policy (available at www.zirrusgroup.com). This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your service and the calls that you placed and received. We shall always handle this data, in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We shall take reasonable steps to protect your personal information from unauthorized use or disclosure. Except as contemplated by the Privacy Policy, we shall not intentionally share your personal information without your prior consent. We may use the information you provide us in order to market services to you. So that we shall comply with appropriate legal process, we may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.

  1. Registration; Customer Accounts: Certain services offered through the Website require you to first open a customer account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You shall notify ZIRRUS, LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ZIRRUS, LLC or any other of the Website’s users due to someone else accessing your account with your password. You shall not use anyone else's password or customer account at any time. You shall not attempt to gain unauthorized access to any portion of the Website. You shall provide accurate, current and complete information about yourself and your billing information as prompted by the registration process.
  2. Limitation of Liability: YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. ALL CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE WEBSITE SHALL BE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOUR ACCESS SUCH CONTENT OR INFORMATION SHALL BE AT YOUR OWN RISK. ZIRRUS, LLC SHALL NOT GUARANTEE THAT ITS WEBSITES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL ZIRRUS, LLC, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE WEBSITE. THIS SHALL BE A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND—FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES—EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ZIRRUS, LLC, ITS AGENTS, OR ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE WILL NOT EXCEED $100.00. DUE TO THE FACT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES.
  3. Entire Agreement/Severability. The Terms of Use shall represent the entire agreement and understanding of you and ZIRRUS, LLC regarding the subject matter of the Terms of Use. Furthermore, the Terms of Use supersedes all other representations, whether electronic written, or verbal, regarding the subject matter contained herein. In the event the Terms of Use is inconsistent with any document incorporated herein by reference or any other agreement between you and ZIRRUS, LLC, the Terms of Service shall control unless ZIRRUS, LLC has expressly stated otherwise. In the event that a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of the Terms of Use is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the Terms of Use will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties.
  4. Product Submission: ZIRRUS, LLC shall not accept any suggestion or submission of an idea for its company. ZIRRUS, LLC shall rely solely on the ideas and suggestions of its employees when determining an effective business path. If you send ZIRRUS, LLC any submission, despite our request that you do not do so, all submissions you send ZIRRUS, LLC shall be in the public domain, are not confidential, and are sent by you for ZIRRUS, LLC use without payment or compensation to you or acknowledgement of the source. For all submissions you submit to ZIRRUS, LLC, you shall grant ZIRRUS, LLC a world-wide, royalty free, non-exclusive, and fully paid up license(s) to use, distribute, reproduce, modify and adapt such information for the sole benefit of ZIRRUS, LLC.
  5. Contact Information: In the event you need to contact ZIRRUS, LLC for any purpose, including but not limited to copyright or trademark infringement claims, you may call or send written notice of such claims to the address below.

Zirrus, LLC DBA Zirrus Group
10251 Majestic Trail
Parkland, FL 33076

Attn: Corporate Counsel