Terms of Use

Effective Date: September 1, 2024

 

1. Introduction

Welcome to Llama Networks LLC (“Llama,” “we,” “us,” or “our” as applicable). These Terms of Use (“Terms”) govern your use of and access to our websites including llamanetworks.com, llamabilling.com, and paythellama.com (the “Website(s)”), and/or the products, tools, services and features we provide as an authorized cellular reseller of IoT data and voice services (“Service(s),” and collectively with Websites, “Llama Feature(s)”).

 

Please read these Terms carefully. By accessing or using any Llama Feature, you agree to accept and comply with all of these Terms. These Terms form a binding contract between you and us, which will remain in effect while you use any Llama Feature. If you do not agree to these Terms, you are not permitted to use any Llama Features.

 

2. Use of Services

 

2.1       Eligibility

You must be at least 18 years old to use any Llama Feature. By using Llama Features, you represent and warrant that you meet this age requirement. If you use the Llama Features for or on behalf of an organization or business entity, you are agreeing to the Terms on behalf of that entity, and you represent and warrant that you have the authority to bind the entity to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that entity).

 

2.2       Account Registration

To access certain Llama Features, you may be required to create an account and select a password and username (“Llama ID”). You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You may not select as your Llama ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account or Llama ID to anyone else without our prior written permission. You are solely responsible for maintaining the security of your account and password, and you are liable for any activity associated with your Llama ID and account.

 

2.3       Acceptable Use

You agree to use Llama Features only for lawful purposes and in accordance with these Terms. You agree not to use our Services in any way that:

• • infringes or violates the intellectual property rights or any other rights of anyone else (including Llama);
  • violates any law or regulation, including applicable export control laws;
  • is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • jeopardizes the security of your Llama account or anyone else’s (such as allowing someone else to log in to a Llama Feature as you) or interferes with anyone else’s use and enjoyment of the Llama Features;
  • violates the security of any computer network, or cracks any passwords or security encryption codes;
  • runs Maillist, Listserv, any form of auto-responder or spam on the Llama Features, or any processes that run or are activated while you are not logged into the Llama Features, or that otherwise interfere with the proper working of the Llama Features (including by placing an unreasonable load on the Llama Features’ infrastructure);
  • crawls, scrapes, or spiders any page, data, or portion of or relating to the Llama Features;
  • copies, modifies, distributes, sells, leases, or stores any significant portion of the Llama Features;
  • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Llama Features.

 

Any violation of the foregoing is grounds for immediate termination of your right to use or access the Llama Features.

 

2.4       Monitoring

We have the right (but not the obligation) to monitor, evaluate, and analyze your use of and access to the Llama Features for any reason in our sole discretion. We also have the right (but not the obligation) to edit, move, delete, or refuse to make available any Llama Feature for any reason. You are solely responsible for your use of and access to the Llama Feature.

 

2.5       Third-Party Sites

References on our Websites to any names, marks, products, or services of third parties, or links to third-party sites or information, do not constitute our affiliation, endorsement, sponsorship, or recommendation of the third party or its products and services. We are not responsible for the content or additional links on a linked third-party site, including any third-party social media or mobile app platform. We are not responsible for the actions or inactions of the operator of the third-party site, app, or platform. If you use the third-party site, app, or platform at your own risk, you do so at your own risk, governed by the third party’s terms and policies (including its privacy policy).

 

2.6       Export Control

You acknowledge that (a) goods licensed or sold on the Walmart Sites, and (b) any software or technology purchased, downloaded, or used from the Walmart Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

 

3. Intellectual Property

All content, materials, trademarks, and intellectual property rights on our Websites and Services are owned by or licensed to Llama Networks LLC, and are protected by US and international trademark, copyright, and other intellectual property laws. We merely grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Llama Features for personal and commercial purposes in accordance with these Terms and applicable law, and you have no other intellectual property or other rights in or to the Websites or Services.

 

4. Service Modifications and Termination

 

4.1 Modifications

We reserve the right to modify or discontinue our Websites or Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of our Services.

 

4.2 Termination

We may terminate or suspend your access to our Websites or Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will cease immediately.

 

5. Superseding Agreements

Any contracts, agreements, or policies related to the purchase of services or hardware from Llama Networks LLC will supersede these Terms and Conditions. In case of any conflict between these Terms and any such contract or agreement, the terms of the contract or agreement will prevail to the extent of the conflict.

 

6. Disclaimer of Warranties

THE LLAMA FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (THOUGH THIS SECTION 6 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY US, OR OTHERWISE ABRIDGE ANY RIGHTS YOU MAY HAVE TO THE EXTENT YOU ARE A CONSUMER). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITES OR SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. 

 

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LLAMA NETWORKS LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITES OR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITES OR SERVICES;
• ANY CONTENT OBTAINED FROM OUR WEBSITES OR SERVICES; AND
• UNAUTHORIZED ACCESS TO OR USE OF YOUR TRANSMISSIONS OR CONTENT.

 

8. Indemnification

You agree to indemnify (at our election), defend, and hold harmless Llama Networks LLC, and its affiliates, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, or fees (including attorneys’ fees) that arise from your use of our Services or your violation of these Terms. We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, at our expense, and you agree to cooperate with us if and as requested in the defense and settlement of such matter.

 

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state or federal courts located within Travis County, Texas, to resolve any legal matter arising from these Terms.

 

10. Effectiveness of and Changes to These Terms

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by immediately ceasing any further use of the Llama Features. We may update these Terms from time to time. If we make material changes, we will notify you by posting the new Terms on our Websites and updating the effective date. Your continued use of our Websites and Services after such changes constitutes your acceptance of the new Terms. If you do not accept the new Terms, discontinue all use of the Llama Features.

 

11. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

 

Llama Networks LLC
ATTN: Legal Department
PO Box 1167
Manchaca, TX 78652
United States of America

legal [at] llamanetworks [dot] com