Terms & Condition

3GuysWiFi.TV Terms of Use 

Effective November 15, 2020 

Welcome to www.3GuysWiFi.TV. We provide access to local TV, entertainment channels, TV series, children’s programs, live sports, video-on-demand, and movies! This website and domain are the property of 3GuysWiFi.TV LLC, referred to in these Terms of Use as “we”, “us”, “our”, and “ours”, is owned and operated in the United States of America, State of Florida.  

These Terms of Use, along with our Privacy Policy, set forth the terms and conditions pursuant to which 3GuysWiFi.TV will agree to provide our Services to you. Your access and use is conditioned on your acceptance of these Terms of Use and are effective until we change or replace them. Our current Terms of use and Privacy Policy are maintained at https://www.3guyswifi.tv. 

You and other users of our Services are collectively referred to in these Terms of Use as “you,” “your,” and “Users.” Our Services, including transaction and subscription-based Services, were designed to be accessed and used only by those Users intentionally authorized by us to receive such Services after registering with us and creating a membership account (“Membership Account”) to receive our services and view our streaming content, (each, an “Authorized User”).  

At this time, 3GuysWiFi.TV services are intended for use only by Authorized Users located in the United States. Your creation of a Membership Account is your certification to us that our services are being subscribed to, and utilized by, an Authorized User located in the United States of America (USA) and viewing our content in the USA. If you are not located in the USA at the time of establishing your Membership Account, or upon the renewal of your Membership Account, you agree to abandon your shopping cart and terminate your use of this website and our services. 

Section 1: Acceptance of Terms of Use 

A.  Acceptance. Our Services are not intended to be used by children without involvement and approval of a parent or other legal guardian. If you are under the age of 18, then you are not permitted to register with us or provide your personal information to us. These Terms of Use govern your use of all of our Services and your relationship with us. By accessing, visiting, downloading or using any of our Services (onto any device) you confirm that you have read and agreed to these Terms of Use. If you do not agree to these Terms of Use, then do not access or use any of our Services. If you are an existing User and do not wish to accept any revised Terms of Use, then you must immediately stop using all of our Services Certain of our Services may be made available without any requirement to pay a fee, and you hereby acknowledge and agree that any such access to or use are also governed by these Terms of Use. You must have a Membership Account to partake in any of our Services. 

B.  Changes to these Terms of Use. These Terms of Use are effective until we change them. Because we are continuously working to improve, enhance, expand, and modify our Services to provide you with the best experience, these Terms of Use will change from time to time, and we suggest that you check back regularly in order to understand our Services, including our practices related to personal information as described in the Privacy Policy and all other terms and conditions governing your access and use of our Services. You acknowledge and agree that we may change all or any portion of these Terms of Use at any time and from time to time, in our sole and absolute discretion, by publishing a revised version of these Terms of Use at: https://www.3guyswifi.tv.  Any revised version of these Terms of Use will be effective immediately for new Users, and solely with respect to existing Users, such revised version will be effective 30 days following the day on which the revisions were first posted, unless expressly and specifically stated otherwise. In the event that you are an existing 3GuysWiFi.TV customer and you do not wish to accept any revised version of the Terms of Use, then you must immediately send a notice to us at: support@3guyswifi.tv making a request to cancel services. You will be responsible to stop any automated payments you have established with us, unless we have the ability to stop such billing service with our payment processor.  

Certain Restrictions on Use; Private and Personal Use Only. Some programming is the copyrighted material of the third party that supplies it, is protected by copyright and other applicable laws and may not be reproduced, published, rebroadcast, rewritten or redistributed without the written permission of the third party that supplied it (except as permitted by the “fair use” or other applicable provisions of the U.S. copyright laws) or by our agreements with such third parties. Our Services, including all content viewed through our Services, are solely for private, personal, non-commercial use, not for use in the operation of a business or service bureau, and not for any other public viewing, for profit or for the benefit or any person or entity other than the Authorized User; and your limited rights to use our Services are subject to your understanding of, and agreement to, these Terms of Use in their entirety. In some cases, we may opt to extend permission for use in a commercial establishment to the owner of such establishment, (“Authorized Commercial User”), so long as the use of our services is not a significant service provided to the patrons of the establishment and so long as the patrons are not charged any fees for viewing our services.  

Section 2: OUR SERVICES 

A.  Our Services. By subscribing to our Services, you receive access to and use of certain technology and other intellectual property rights (including all functionality and data contained therein) owned or operated by us (regardless whether available for download directly or indirectly from us (e.g., applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) websites owned, operated or otherwise controlled by, or on behalf of, us; (iii) the content accessible by you (e.g., any and all transaction and subscription video, audio, data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including to enhance past or then-current Services. 

B.  Internet Connection.  In order to access and use our Services, you must have a broadband internet connection. You will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use our Services. 3GuysWiFi.TV is not responsible for your Internet Connectivity (or the amount of data consumed by you in connection with your use of any of our Services). The time it takes to access and use any of our Services (e.g., watching a movie or TV show) will vary based on a number of factors, including your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Services you are attempting to access, the device(s) you use to access our Services and other factors outside of our control. 3GuysWiFi.TV makes no representations or warranties about the speed or quality of your watching experience on your or any device, and reserves the right change our Services (e.g., the format) based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience). We suggest that you ensure that your Internet Connectivity, Permitted Device(s) and configuration are compatible with our Services and the format thereof before establishing a Membership Account and subscribing to our services. You can view a list of permitted devices and minimum internet download speed requirements on our website at www.3guyswifi.tv. We strongly recommend that you use our Speed Test tool, also on our website, to test each device you plan to use in connection with our services.  

C. Devices. Not all devices are compatible, or permissible, for use with our Services. For a current list of devices permitted for use with our Services (“Permitted Devices”) please visit and review the devices listed at: www.3guyswifi.tv. By accessing or using any of our Services, you agree to look solely to the third party that manufactured and/or sold you the device for any issues related to such device and the operating system thereon. 

D.  Service Changes; Packaging of Services. In addition to, and without limiting any other provisions in these Terms of Use, 3GuysWiFi.TV may, permanently or temporarily, add, delete, rearrange, alter, interrupt, change, and/or eliminate: (i) any and all prices, fees and/or charges; (ii) packages, programming, programming suppliers, services offered by suppliers; (iii) availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, (iv) software, applications, features and/or functionalities and technical and/or functional requirements, (v) Permitted Devices, (iv) compatible operating systems, (iiv) and/or minimum Internet Connectivity required to use the Services, from time to time and at any time. In the event that we add, alter and/or change any prices, fees and/or charges, then you agree to pay such added, altered, and/or changed prices, fees and/or charges. In the event that we add, delete, rearrange, alter, change and/or eliminate any packages, availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, then you acknowledge and agree that (a) we have no obligation to replace or supplement such packages, availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, and (b) you are not entitled to any credits, refunds, price reductions or any other form of compensation because of any such addition, deletion, rearrangement, alteration, change and/or elimination.  You further acknowledge and agree that such additions, deletions, rearrangements, alterations, changes and/or eliminations are not a discretionary act by us if they are due, in whole or in part, to the termination, suspension or expiration of our legal right to provide such packages, availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities. 

E.   Programming Content and Restrictions. Certain of our Services may be “blacked out” in your viewing area (e.g., local broadcast channels, sporting events and/or other content for which you do not have the rights to access); if you circumvent or attempt to circumvent any of these “blackouts,” then you may be subject to legal action brought by us or third parties. Certain of our Services may have additional restrictions and your access to such Services will be subject to those restrictions. 

F.   Compliance with Law. You agree to use our Services, including all features and functionalities associated therewith, in accordance with all applicable laws (e.g., public performance limitations or other restrictions on any use of our Services or contents therein). You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or otherwise use or gain access to all or any portion of our Services, except as explicitly authorized in these Terms of Use, without express written permission from 3GuysWiFi.TV. You also agree not to: circumvent, remove, alter, deactivate, degrade, thwart or otherwise interfere with any of our Services; use any robot, spider, scraper or other automated means to access our Services; decompile, reverse engineer or disassemble any of our Services (e.g., software or other products); insert any code or product, or otherwise manipulate or interfere with our Services (e.g., running any of our Services on a device not permitted for use by us); or, use any data mining, data gathering, or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, interfere with, destroy, or limit the functionality of any of our Services, or other software, hardware, or telecommunications equipment associated with our Services (e.g., any software viruses or any other computer code, files, or programs). In the event that we learn that you are using any Service in a manner that constitutes infringement of third-party intellectual property rights, including rights granted by U.S. copyright law, your Membership Account will be terminated.

Section 3: MEMBERSHIP ACCOUNTS 

A. Membership Account; Login Credentials. Prior to accessing certain of our Services, you will be required to provide certain personal information determined by us as necessary to create a Membership Account. To become an Authorized User you must first register with us for a Membership Account. You will be required to create login credentials, comprised of a user name and password (“Login Credentials”) designed to enable access and use your Membership Account. You are responsible for any and all actions, omissions, or other activities related to your Membership Account, including any Authorized Users you permit to be linked to your Membership Account (if any, and only to the extent, permitted by us). The person in whose name any Membership Account is used for access to our Services, and whose payment method is charged, if any, is referred to as the “Account Owner.” As an Account Owner you may have access to and control over your Membership Account, any Authorized Users linked to your Membership Account, and the Services available in connection therewith. If you have a Membership Account, then your control of such Membership Account is exercised through your use and protection of your password. Please be aware that to maintain exclusive control and ensure compliance with these Terms of Use, you may not reveal or share your Login Credentials with anyone. In addition, if you would like to ensure that others cannot access your Membership Account by contacting our Customer Service (as defined in Section 6 below) and potentially altering your control, then you should take the necessary precautions not to reveal any personal or sensitive information used to identify yourself in connection with a lost password or user name (e.g., billing information, government issued IDs, or secret question answers). If you believe that your Membership Account has been accessed by anyone other than you or any Authorized Users you have permitted thereunder, or otherwise without permission or in any unauthorized manner, then you must contact us immediately at: 1 (813)-579-1380. YOU UNDERSTAND THAT BY SHARING ACCESS TO OUR SERVICES OR YOUR LOGIN CREDENTIALS, OR BY OTHERWISE ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, YOU AGREE TO BE RESPONSIBLE FOR ASSURING THAT ANY AND ALL SUCH USERS COMPLY WITH THESE TERMS OF USE AND THAT YOU OR THE NAMED PERSON ON THE APPLICABLE MEMBERSHIP ACCOUNT SHALL BE RESPONSIBLE FOR ANY AND ALL ACTIONS, OMISSIONS AND/OR OTHER USE ASSOCIATED WITH SUCH MEMBERSHIP ACCOUNT. PLEASE BE AWARE THAT IF YOU SHARE OR OTHERWISE MAKE YOUR ACCOUNT AVAILABLE TO ANY THIRD PARTY (E.G., FORGETTING TO LOG OUT OF YOUR MEMBERSHIP ACCOUNT ON A SHARED OR PUBLIC DEVICE), THEN SUCH THIRD PARTY(IES) MAY BE ABLE TO ACCESS ANY AND ALL INFORMATION CONTAINED IN YOUR MEMBERSHIP ACCOUNT (E.G., CERTAIN PERSONAL INFORMATION, BILLING INFORMATION, SETTINGS, VIDEO RENTAL AND VIEWING HISTORY AND OTHER RELATED VIEWING PREFERENCES (IF ANY) ASSOCIATED WITH YOUR ACCOUNT). 

B. Account Access; Cookies. In order to provide you with ease of access to your Membership Account and to help administer our Services, 3GuysWiFi.TV may use technology that enables us to recognize you as an Authorized User and to provide you with direct access to your account without requiring you to retype any Login Credentials every time that you access, use, or otherwise revisit our Services, including via any Permitted Devices 

C. In order to protect 3GuysWiFi.TV and its affiliates, media providers, device providers, business partners, or other service providers or licensors (collectively, “Contributors”), we reserve the right, and may, from time to time and at any time, without providing notice to you, place on hold (or otherwise suspend) your Membership Account in connection with any activity that we believe to be fraudulent, illegal, in violation of these Terms of Use, or otherwise suspicious. We may evaluate or elect to provide credits, refunds, price adjustments or other discounts, compensation or recompense, from time to time and at any time, in our sole and absolute discretion, BUT WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR HOLDS PLACED ON YOUR ACCOUNT, IF ANY. 

Section 4: SUBSCRIPTION SERVICES AND PROMOTIONS  

A. Subscription Services. Certain of our Services may be made available by us solely in connection with your agreement to purchase a subscription to such Services for a set period (e.g., monthly or yearly subscription term) (collectively, “Subscription Services”). Regardless of the period for which you purchased any Subscription Services, following the completion of any such subscription period, your Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or 3GuysWiFi.TV in accordance with these Terms of Use. 

B. Packages of Subscription Services. We may offer a number of different packages of Subscription Services, including special promotional packages, each governed by any supplemental Promotional Terms provided at the time of your first access or use of such Services. Some promotional packages may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate, or otherwise amend the Subscription Services offered by us, and the contents of the packages and levels thereof. 

C. Minimum Requirements. 3GuysWiFi.TV reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, 3GuysWiFi.TV may require a minimum commitment term, or 3GuysWiFi.TV may require you to subscribe to a minimum level or package of our Services in order to view certain content or obtain access to purchase additional levels or packages of Subscription Services. In order to purchase certain packages, you may be required to first subscribe to Services for a set term (e.g., a year-long subscription). 

D. Promotional Offers. You may initially accept a promotional offer for a certain package of Services that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period, and following the completion of any such promotion, the Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or 3GuysWiFi.TV, in accordance with these Terms of Use. 

E. Only One Promotion per Account Owner. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable Promotional Terms. 3GuysWiFi.TV reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. 3GuysWiFi.TV reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. We do not guarantee that any promotional offers are or will be available to you at all, or in connection with any Services desired by you. 

F. Cancellation Policies. Your Subscription Services are prepaid on a monthly billing period basis and you may contact us to cancel them at any time by emailing support@3guyswifi.tv or by calling Customer Service at: 1 (813)-579-1380. Cancellation requests are not accepted via email. Because charges are prepaid each billing period, when you call to cancel your Subscription Services, your subscription will continue, and you will be able to enjoy your Subscription Services through the end of, the then-current billing period (except as otherwise provided herein to the contrary (see Section 5.D.) or in any Promotional Terms). Refunds are not issued for a partial billing period. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIAL-USE, EARLY CANCELATION OR UNWATCHED PRE-PAID SERVICES. When you cancel your Subscription Services, you may be subject to certain charges and fees as set forth in any applicable Promotional Terms, and if you have taken advantage of a promotional offer that required you to pre-pay for a minimum period of time (e.g., 3 months), then your cancellation will not become effective until the end of that minimum period of time, and in such case, for purposes of such promotional offer, your initial “billing period” will mean such minimum period of time. Your cancelation of Subscription Services does not automatically cancel your Membership Account or access to our Transactional Services. If you pay for the Services through your account with a third party (e.g., Amazon, Roku) and want to cancel your Membership Account or access to our other Services, then you may need to do so through your account with such third party. 

Section 5: BILLING 

A. Fees and Charges. We will bill you monthly in advance for your Subscription Services. Charges are billed to the credit or debit card you registered with your Membership Account. 3GuysWiFi.TV may, from time to time and at any time, change the amount of or basis for determining any fees or charges, and/or institute new fees, surcharges, or other charges as determined by us (e.g., surcharges imposed for transmission of programming content in certain jurisdictions). You agree to pay all amounts billed for our Services, as well as all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use, and any other charges due and owing to us. We may apply interest and late fees for any amounts paid following the date when due, and we may terminate or suspend your account for any failure to timely pay any amounts or maintain up-to-date payment method information within your account. State and local taxes or reimbursement charges for gross earnings taxes in some states may apply. 

B. Registration of Credit or Debit Card. If you do not already have an account, you will be required to establish an account to access certain of our Services. To access certain Services (e.g., video-on-demand rentals), you will also be required to register a valid credit or debit card to process payments of the associated fees. When you register a credit or debit card for a new account, you authorize 3GuysWiFi.TV to place a pending charge to your credit or debit card to verify your billing address and the validity of your credit or debit card; such pending charges are temporary and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your credit card or funds available to your debit card. You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution, including fees for membership, any overdraft or other insufficient funds, or for exceeding any applicable credit limit. Once your account is authenticated, the credit or debit card that you registered with your account will be charged for each transaction without having to reenter your credit or debit card information. You agree that the issuer of any credit or debit card you registered with your Membership Account will accept these Terms of Use as your authorization and pay all amounts billed in connection with use of your account without 3GuysWiFi.TV’s submitting a signed receipt. 

C. Billing Cycle. The fees for all Subscription Services and Transactional Services will be billed in advance. For Subscription Services, we automatically bill you each month on the calendar day corresponding to the date on which you first commenced payment for Subscription Services. Membership Account fees for Subscription Services and Transactional Services are fully earned upon payment. If your paid membership to any Subscription Service began on a day not contained in a given month, then we may bill you on a day in the applicable month or such other day as we deem appropriate (e.g., if you are regularly billed on the 31st, then we may bill you on the 28th or 30th of the calendar months that do not have 31 days). Although we endeavor to bill you as described in this paragraph, we reserve the right to change the timing of our billing as necessary, from time to time, and at any time. We may authorize your payment method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your registered credit or debit card information. For the purposes of this paragraph, “month” or “monthly” refers to your billing cycle. 

D. No Returns, Credits or Refunds. YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIALLY USED OR UNUSED SERVICE (E.G., SUBSCRIPTION SERVICES NOT USED OR TRANSACTIONAL SERVICES NOT DOWNLOADED OR FULLY VIEWED). Because charges are prepaid each billing period, following your cancellation of any of your Subscription Services or Transactional Services, you will continue to have access to any and all of such Services for which you have paid through the end of your then-current billing period, and to certain of our other Services that do not require any payment, including, access to and use of certain portions of our Websites and Apps. Notwithstanding the forgoing, although not required or obligated, we reserve the right to evaluate or elect to provide credits, refunds, price adjustments or other discount, compensation or recompense, from time to time, and at any time, in our sole and absolute discretion; provided that any such elections to offer any such credits, refund, price adjustment or other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the future for similar or unrelated instances, nor does it create any obligation whatsoever for us to offer such benefit to you or any other user in connection with any past, present, or future request under any circumstance whatsoever. 

E. Restarting your Services. If you do not make timely payment for your Services, we may disconnect, suspend, limit, or terminate your access to such our Services, and in such event, we will be immediately and forever wholly relieved from any and all of our duties and obligations to you under these Terms of Use. If your Membership Account is disconnected for non-payment, or for any other reason whatsoever, then 3GuysWiFi.TV may require that you pay, and you agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection) before we reconnect your access to any of our Services. We are not obligated to reconnect your access to any of our Services. If your Services are disconnected for non-payment, or for any other reason whatsoever, then you may no longer be eligible, even if you pay to restart your Subscription Services, to receive any remaining credits or promotional pricing that you would have been eligible to receive had your Subscription Services, or any of our other Services, not been disconnected, suspended, limited, or terminated. Unless required by applicable law, deposits will not be held segregated from other funds and will not earn or accrue interest. Promotional pricing is valid only at the time of initial purchase of such promotional Subscription Service or Transactional Service, and we  

Section 6: CUSTOMER SUPPORT SERVICES 

A. Customer Support Services. 3GuysWiFi.TV may elect to provide Membership Account support services or other assistance in connection with your Membership Account (“Customer Service(s)”). The levels, methods, and availability of our Customer Service offered is determined by us, in our sole and absolute discretion; we have no obligation to provide any Customer Services whatsoever in connection with our Services. If we make available or otherwise provide Customer Services, then such Customer Services are considered part of our Services for purposes of these Terms of Use, including any and all restrictions, disclaimers, and limitations herein. 

B. Communications. By registering for a Membership Account, you hereby consent to receive electronic communications from us and other Contributors related to such account and our Services. These communications may involve sending emails to the email address you provided during registration, or delivering electronic communications via your Membership Account, and will include notices about your Membership Account (e.g., payment authorizations, password or payment method changes, confirmation e-mails, notices, and other similar or transactional information related to such account); these communications are part of our Services and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Services features and content, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications via email, please contact Customer Service at 1 (813)-579-1380, click on the “Unsubscribe” link contained in any email, or on any other link that indicates that you would like to be removed from future, similar non-transactional communications. 

C. Text Messages.  By electing to receive text messages from us, you hereby consent to the following additional terms: 

i.    Message and data rates may apply depending on wireless carrier plan. See wireless plan or contact carrier for details. 

ii.   Your receipt of text messages from us is subject to carrier participation. STOP to request that you stop receiving such messages. 

Section 7: INTELLECTUAL PROPERTY 

A. Property. The “3GuysWiFi.TV” Services, including any and all content made available in connection with your access and use of our Services, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws. “3GuysWiFi.TV” is a registered trademark of 3GuysWiFi.TV L.L.C., and 3GuysWiFi.TV L.L.C. and its affiliates have patents that apply to our Services.  

B. Warning against Piracy and Infringement. Receiving any portion of the Services without paying for them, and/or any direct or indirect act or attempted act to engage or assist in any unauthorized interception, reception, display, or other transmission or access of any portion of our Services, is a violation of various U.S. federal and state laws and of these Terms of Use. The penalties for violating applicable laws can include imprisonment and civil damage awards. In the event that we learn that you are using any Service in a manner that constitutes infringement of intellectual property rights, your Membership Account will be terminated. 

Section 8: DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

A. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS OF USE, 3GUYSWIFI.TV (ON BEHALF OF ITSELF AND THE OTHER CONTRIBUTORS) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTION, ENJOYMENT, QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 3GUYSWIFI.TV DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE (OR ITS OPERATING SYSTEM) WITH ANY OF OUR SERVICES, OR ANY INTERNET CONNECTION, INCLUDING ITS SPEED, BANDWIDTH OR COMPATIBILITY WITH ANY DEVICE OR 3GUYSWIFI.TV SERVICE. FURTHERMORE, WE DO NOT MAKE ANY PROMISES ON BEHALF OF ANY THIRD PARTY, INCLUDING THE OTHER CONTRIBUTORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY PROMISES MADE BY US RELATED TO SUCH PARTIES OR THE PRODUCTS AND SERVICES PROVIDED BY THEM.  

B. NEITHER 3GUYSWIFI.TV NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANTY WHATSOEVER THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFACTION; (ii) THE SERVICE WILL ALLOW YOU TO COPY, RECORD, VIEW, SKIP, OR TRANSFER ANY PARTICULAR MEDIA, PROGRAMMING, OR PART THEREOF, OR PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (iii) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iv) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (v) THE VARIETY, QUANTITY, OR QUALITY OF ANY MEDIA, PRODUCTS, SERVICES, ACCESSORIES, INFORMATION, OR OTHER MATERIAL RENTED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICE WILL BE CORRECTED. 

C. 3GUYSWIFI.TV MAY RECOMMEND CERTAIN LEVELS OF INTERNET CONNECTION FOR USE WITH CERTAIN OF OUR SERVICES; PROVIDED, HOWEVER, THAT YOU HEREBY AGREE AND UNDERSTAND THAT 3GUYSWIFI.TV WILL HAVE NO RESPONSIBILITY WHATSOEVER FOR YOUR INTERNET CONNECTIVITY AND 3GUYSWIFI.TV DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OR PERFORMANCE OF ANY INTERNET CONNECTIVITY, INCLUDING THE SPEED, BANDWIDTH, COMPATIBILITY, SUFFICIENCY, EQUIPMENT, OR DELIVERY OF ANY INTERNET CONNECTION OR THAT ANY CERTAIN INTERNET CONNECTIVITY WILL IMPROVE OUR SERVICE(S). PLEASE BE AWARE THAT CERTAIN OF OUR SERVICES MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (E.G., USAGE OF DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY. 

D. 3GUYSWIFI.TV MAY RECOMMEND OR LIST THE NAMES OF CERTAIN DEVICES PERMITTED FOR USE WITH CERTAIN OF OUR SERVICES, BUT YOU HEREBY AGREE AND UNDERSTAND THAT 3GUYSWIFI.TV DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER FOR AND 3GUYSWIFI.TV DOES NOT WARRANT THE PERFORMANCE OF ANY DEVICE OR GUARANTEE THAT SUCH DEVICE (OR THE APPLICABLE OPERATING SYSTEM OR VERSION) WILL BE (OR REMAIN) COMPATIBLE WITH ANY OF OUR SERVICES. YOU MAY ONLY USE OUR SERVICES ON PERMITTED DEVICES. 

E. WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OF SERVICES AND/OR POTION OF SERVICES AS A RESULT OF ANY CHANGE. 

F. ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY SUCH MEDIA, SOFTWARE OR OTHER MATERIAL OR CONTENT. NEITHER 3GUYSWIFI.TV NOR ANY OTHER CONTRIBUTOR ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR SOFTWARE, DEVICE OR OTHER HARDWARE. 

G. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3GUYSWIFI.TV OR THE OTHER CONTRIBUTORS, OR VIA YOUR MEMBERSHIP ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  

Section 9: LIMITATION OF LIABILITY 

A. Indirect Damages. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER 3GUYSWIFI.TV NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL ARISING FROM, OR OTHERWISE RESULTING DIRECTLY OR INDIRECTLY FROM: (i) USE OF ANY OF OUR SERVICES; (ii) ACTIONS, OMISSIONS, AND OTHER ACTIVITY UNDER YOUR MEMBERSHIP ACCOUNT (INCLUDING USE NOT AUTHORIZED BY US); (iii) THE PERFORMANCE OR NON-PERFORMANCE OF OUR SERVICES; OR (iv) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF OUR SERVICES, EVEN IF SUCH DAMAGES RESULT FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF 3GUYSWIFI.TV OR THE OTHER CONTRIBUTORS. 

B. Force Majeure. NEITHER 3GUYSWIFI.TV NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL. 

C. Limitation of Liability. IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS OF USE, NEITHER 3GUYSWIFI.TV NOR THE OTHER CONTRIBUTORS, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN ANY SERVICES OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT, INCLUDING: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION, OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF 3GUYSWIFI.TV’S ACCESS TO ALL OR ANY PORTION OF OUR SERVICES FOR ANY REASON WHATSOEVER; (ii) THE RELOCATION OF ALL OR ANY PORTION OF OUR SERVICES TO DIFFERENT SERVER(S); (iii) ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR PERMITTED DEVICE(S) OR OUR SERVICES; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR OUR CONTRIBUTORS; OR (v) ISSUES RESULTING FROM YOUR DEVICE OR INTERNET CONNECTION, INCLUDING, LACK OF SUFFICIENT BANDWIDTH. FURTHERMORE, NONE OF 3GUYSWIFI.TV, ITS PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OF OR TO ANY DEVICE(S), FOR THE AVOIDANCE OF DOUBT, INCLUDING REMOVING OR DISABLING SOFTWARE, FEATURES AND/OR FUNCTIONALITY. 

D. Limitation of Direct Damages. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN SECTION 11, THE MAXIMUM AGGREGATE LIABILITY OF 3GUYSWIFI.TV FOR ANY AND ALL CLAIMS UNDER OR RELATING TO EACH: (i) MEMBERSHIP ACCOUNT INCLUDING ALL AUTHORIZED USERS THERE UNDER (IF MORE THAN 1 IS PERMITTED BY US), or (ii) YOU ONLY, IF YOU ARE NOT AN AUTHORIZED USER UNDER ANY MEMBERSHIP ACCOUNT, IS LIMITED TO AN AMOUNT EQUAL TO THE AGGREGATE OF THE FEES THAT WERE PAID BY YOU UNDER THESE TERMS OF USE DURING THE 1 MONTH BEFORE THE APPLICABLE CLAIM. 

E. Applicability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT SUCH LIMITATIONS ARE EXPRESSLY DISALLOWED UNDER THE APPLICABLE LAW(S). 

Section 10: INDEMNIFICATION 

You hereby agree to indemnify, defend and hold 3GuysWiFi.TV LLC and its parents and affiliates, each of its and their present and future media providers, device providers, business partners, service providers, licensors, contractors, subcontractors, authorized distributors, authorized sub-distributors, authorized retailers, directors, members, managers, officers, agents, employees, and other Users, and each of their respective assigns, heirs, successors, and legal representatives (the “Protected Group”) harmless from, against and with respect to any and all actions, claims, disputes or demands, including reasonable attorneys’ fees and costs, that are incurred in connection with, arising out of or relating to access to or use of our Services by you or in connection with your Membership Account including any User thereof, your connection to our Services, your devices, your violation of these Terms of Use or your violation of any rights of another User. 

Section 11: DISPUTE RESOLUTION AND CLASS ACTION WAIVER 

A. Class Action Waiver. If you access or use any of our Services, then you and 3GuysWiFi.TV hereby agree that any and all past, present and future disputes, claims, actions or other controversies arising out of or relating in any way to our Services, these Terms of Use and/or your relationship with the Protected Group except any Dispute relating to the enforcement of 3GuysWiFi.TV’s, its affiliates’ or any of the Protected Group’s intellectual property rights and without limiting our and your rights to resolve disputes using various informal dispute resolutions will be determined exclusively on an individual (non-class) in small claims court. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND AGREE THAT BY ACCEPTING THESE TERMS OF USE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND 3GUYSWIFI.TV ARE EACH HEREBY IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE BETWEEN US. YOU AND 3GUYSWIFI.TV ALSO AGREE THAT ANY ACTION HEREUNDER WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND WILL NOT BE BROUGHT OR PROCEED ON BEHALF OF A CLASS OR IN A REPRESENTATIVE CAPACITY. A “Dispute” includes those based in contract, any applicable current or future federal, state, local or international law, statute, rule, or government or quasi-government order or action or regulation, tort (including fraud, misrepresentation, fraudulent inducement, negligence, willful misconduct or any other intentional tort) or any other legal or equitable theory. The meaning of “Dispute” is to be interpreted to have the broadest possible meaning permitted by law, and will only be modified to the extent necessary to be legal, binding and no longer in conflict with any law. For example only, Disputes also include your billing disputes, claims involving or relating to telephone calls, direct marketing, advertisements or electronic communications that you claim you received from 3GuysWiFi.TV and/or a party acting on our behalf or any actions or other controversies in connection with our Privacy Policy. 

B. Dispute Resolution. If a Dispute arises and you or we wish to file any action in small claims court, then the party wishing to file an action must first send to the other party, by certified mail, notice of the applicable Dispute (“Dispute Notice”), and you and 3GuysWiFi.TV hereby agree to attempt to resolve any such Dispute through informal dispute resolution for at least 60 days following the date on which the applicable Dispute Notice is properly sent. Dispute Notice must include a written statement that sets forth: (i) the name, address and preferred contact information of the party giving the notice; (ii) a description of the nature and basis of the applicable Dispute; (iii) the facts giving rise to such Dispute; and (iv) the specific relief sought by you in connection therewith. You must send, any and all Dispute Notice(s) to: 3GuysWiFi.TV L.L.C., 8079 Rhanbuoy Rd, Spring Hill, FL 34606 (“Notice Address”), by certified mail; and we must send any Dispute Notice to you at the contact information we have for you (e.g., to your Membership Account, the email address you provided to register your Membership Account or your billing address). If we and you do not agree to a resolution of a Dispute during the required informal dispute resolution period above, then either party may commence a small claims court proceeding in accordance with this Section 11 to resolve such Dispute. All small claims shall be filed in the court of jurisdiction located in Hernando County, State of Florida, regardless of where Services are delivered. The filing party shall be responsible to pay all filing fees. The prevailing party may be entitled to recover reasonable legal fees related to the small claim case.  

C. Rights to Opt-Out. If you do not wish to be bound to resolve all Disputes exclusively through small claims courts as set forth in Section 11, B., then you must not use our Services. 

D. Miscellaneous. Notwithstanding our rights to make future changes to these Terms of Use, if any such future change made by us to the provisions in Section 11 materially limit or alter your then-current rights, then you may reject such changes by immediately terminating your use of our Services. 

Section 12: MISCELLANEOUS 

A.  Notice. Any notice required or permitted to be given by 3GuysWiFi.TV under these Terms of Use may be provided by any reasonable means, including by mail, by publication on the www.3guyswifi.tv website, via your Membership Account for our Services (e.g., by sending an electronic message to your Membership Account), by telephone, by SMS text message, or by e-mail. If we send you notice by mail, it will be considered given the day after it is deposited in the U.S. mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice to your personal e-mail or through your Membership Account e-mail, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then-currently stated in our records and associated with your Membership Account or upon sending to your Membership Account. If we give you notice by telephone, including by SMS text message, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records. Unless otherwise specified in these Terms of Use, any notice required or permitted to be given by you under these Terms of Use must be in writing and be sent to 3GuysWiFi.TV at the Notice Address, by certified mail; and will be deemed given only when such notice is received by us at the Notice Address. If your name, contact information or other account information is no longer accurate or otherwise changes, then you must promptly access and correct such information associated with your Membership Account as further described under the “Your Rights” section of our Privacy Policy. 

B.   Entire Agreement. These Terms of Use, including those terms hyperlinked and incorporated herein, constitute the entire agreement between 3GuysWiFi.TV and you regarding the subject matter hereof. With respect to any of our Services, these Terms of Use govern your use of such Services, and supersede any prior agreements or understandings between you and 3GuysWiFi.TV with respect to the subject matter hereof. For clarity, if you access, use or purchase our Services from a third party or through any third-party platform (e.g., Services sold by our business partners) or use any third-party device (e.g., PC, Mac, Android, iPhone, Amazon Fire TV, Chromecast, Roku or any other device as listed on our website www.3guyswifi.tv), then their terms and conditions (or other agreements agreed to by you) governing those devices will govern your use of such device and relationship with such third party. 

C.   Applicable Law. These Terms of Use, including all matters relating to their validity, construction, performance and enforcement, and any claim, complaint or dispute arising out of or related to these Terms of Use, your relationship to 3GuysWiFi.TV and/or otherwise related to our Services will be governed by the laws of the State of Florida without giving effect to its conflict of law provisions. If any provision in these Terms of Use is declared to be illegal, invalid or is otherwise in conflict with any law, then such provision will automatically be considered modified to the minimum extent necessary to make such provision legal, binding and no longer in conflict with such law, without affecting the validity of any other provisions of such Terms of Use, and any and all other provisions will remain in full force and effect to the fullest extent permitted by law. 

D.  Choice of Forum. You agree that any action at law, in equity, under contract (including under these Terms of Use) or otherwise that is excluded from, or otherwise not subject to arbitration or small claims court must be filed, and that venue properly lies, only in the state or federal courts located in the state and county of Hernando County, State of Florida, United States of America and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. 

E.  Assignment. You agree that 3GuysWiFi.TV may assign or otherwise transfer (e.g., sell) your agreement to these Terms of Use with 3GuysWiFi.TV to any third party without your prior consent. You may not assign or otherwise transfer (e.g., via the sale of any Permitted Device) any agreement(s) with us without first obtaining our prior written consent, which consent may be withheld, delayed or conditioned for any reason whatsoever (e.g., your Membership Account reflects an outstanding unpaid balance). 

F.  No Waiver; Remedies Cumulative. Except as otherwise expressly provided in these Terms of Use, the failure of a party to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. The rights and remedies provided under these Terms of Use to 3GuysWiFi.TV in case of your default or breach of these Terms of Use are cumulative and without prejudice to any other rights and remedies that 3GuysWiFi.TV or you may have at law, in equity, under contract (including under these  

G.  Survival. Any provision of these Terms of Use that logically would be expected to survive the suspension, completion, expiration or earlier termination of your Membership Account, Subscription Services and/or other Services or your agreement to these Terms of Use will survive such suspension, completion, expiration or earlier termination, including any and all representations and warranties contained in these Terms of Use and any and all provisions and agreements regarding indemnification obligations, confidentiality obligations, dispute resolution, binding arbitration and class action waivers, the “Miscellaneous” provisions in this Section 12, limitations of liability and disclaimers.