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General Terms and Conditions of Starry Station Managed Wi-Fi Service

By clicking on “Subscribe Now” and providing your payment information to participate in our managed Wi-Fi service arrangement for a Starry Station Touchscreen Router, its application and access to Starry Experts, you are agreeing to abide by these General Terms and Conditions. These General Terms and Conditions constitute an agreement between you and Starry, Inc. regarding your subscription to the managed Wi-Fi service, including the rental of a Starry Station unit.

  1. Service term. Your managed Wi-Fi service and related rental of the Starry Station unit begins on our delivery to you of the unit and continues until the unit is returned to us as provided below. We refer to the period during which the service is in effect as the “service term.”
  2. What you get. During the service term, we will provide you tech support for all your Wi-Fi devices, the media filtering/ device pausing parental control application ScreenTime and a Starry Station unit for your personal use. You will have access to our customer service (Starry Experts) for assistance with the set-up and on-going use of your Starry Station unit and any of your electronic devices accessing Wi-Fi through the Starry Station unit.
  3. What you don’t get. At this time, we cannot provide you internet access in your area. You will need to contract for internet access through an internet service provider separately from using the managed Wi-Fi service from us. We will contact you when your area becomes eligible for our internet service in the future.
  4. What you pay. During the service term, you agree to pay a monthly payment as agreed during sign up in advance. We refer to this as the “service and rental fee.” Your first service and rental fee will be charged upon your providing your payment information after clicking on “Subscribe Now.” Thereafter, you will be automatically charged the service and rental fee every 30 days unless you terminate the service term in accordance with Section 5 or we terminate the service term in accordance with Section 6. The payment of the service and rental fee entitles you to keep the Starry Station unit and receive the related managed Wi-Fi service described in Section 1 for the 30 days following your payment. You agree that Starry may charge your credit card for the amount of any service and rental fees owed by you.
  5. Your termination of the service. You may cancel the managed Wi-Fi service and the rental of your Starry Station unit at any time by contacting us at support@starry.com. If you terminate the service, you agree to return the Starry Station unit to us within 15 days of the date you notify us of the termination.
  6. Our termination of the service. We reserve the right to cancel the managed Wi-Fi service and the rental of your Starry Station unit at any time for any reason. If we terminate your service for any reason other than nonpayment of your rental fee, then you agree to return the Starry Station unit to us within 15 days of the date we notify you of the termination. We will reimburse you for the pro rata portion of any previously paid service and rental fee attributable to any time period after the date of your return of the Starry Station unit to us in accordance with this Section 6. If we terminate your service for nonpayment of your service and rental fee, then you agree that we may charge your credit card for the net purchase price relating to the unit (as described in Section 8) and, in that event, you are not obligated to return the unit to us.
  7. Return of the Starry Station unit. If the service is terminated by either you or us, you may return the Starry Station unit to us using the United States Post Office or any nationally recognized overnight carrier (for example FedEx or UPS) and sent “Collect on Delivery” (C.O.D). You agree to return the unit to:

    Starry, Inc.
    38 Chauncy Street, 2nd Floor
    Boston, MA 02111
    Attn: Returns
  8. Purchase option. At any time during the service term, you have the option, upon at least 10 days prior notice to us, to purchase your Starry Station unit. Any notice you provide us of your intention to purchase the unit will be irrevocable. The cost to purchase the unit will be $299.00, and we will give you a credit equal to 70% of your previously paid service and rental fees towards that cost. We refer to the net purchase price owed by you as the “net purchase price.” You agree that Starry may charge your credit card for the net purchase price. Upon your payment of the net purchase price, we will transfer to you all of our right, title and interest in the Starry Station unit.
  9. Failure to return the Starry Station unit. If you fail to return the Starry Station unit to us upon the termination of the service, you agree that Starry may charge your credit card for the net purchase price relating to the unit.
  10. Delivery of the Starry Station unit and risk of loss. You bear the risk of loss, theft, destruction or damage of the Starry Station unit from any cause, regardless of whether or not the unit is covered by our insurance. No loss of or damage to the unit or any part of the unit relieves you of any of your obligations under these General Terms and Conditions. If the Starry Station unit is lost, stolen, destroyed or damaged beyond repair, you will return the unit to us, and you agree that Starry may charge your credit card for the net purchase price relating to the unit.
  11. No subletting or transfer of the Starry Station unit. You may not sublease, assign or otherwise transfer the Starry Station unit or any interest in it to any third party. In addition, you may not transfer the unit outside of the United States.
  12. Title to the Starry Station unit. Starry shall at all times retain ownership and title to the Starry Station unit sent to you (including for tax purposes), except if you purchase the unit in accordance with Section 8. All documents of title and evidence of delivery will be retained by us unless and until you acquire the unit. You agree to keep the Starry Station unit free from any legal process or encumbrance that might limit or impact adversely our title and ownership in it.
  13. WE EXPRESSLY DISCLAIM ANY WARRANTIES. THE STARRY STATION UNIT PROVIDED TO YOU IS DELIVERED BY US “AS IS, WHERE IS”. WE HAVE NOT MADE AND WE WILL NOT BE DEEMED TO HAVE MADE, AND WE EXPRESSLY DISCLAIM, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE MANAGED WI-FI SERVICE AND/OR THE TITLE, CONDITION, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF THE UNIT, AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DICOVERABLE, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT TO THE STARRY STATION UNIT OR THE MANAGED WI-FI SERVICES.
  14. OUR LIABILITY IS LIMITED. IN NO EVENT, REGARDLESS OF THE FORM OR CAUSE OF THE CLAIM OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICK LIABILITY, OTHER TORT OR OTEHRWISE) WILL STARRY’S LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE FAIR MARKET VALUE OF THE STARRY STATION UNIT. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTY INCLUDE ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES.
  15. New York law covers our agreement. These General Terms and Conditions will be deemed to be executed and delivered in New York City, NY and will be governed by the laws of the State of New York without giving effect to any conflict of laws provisions.
  16. Severability of provisions. If any provision of these General Terms and Conditions or any attempt to enforce any provision of these General Terms and Conditions in a particular circumstance is held invalid or unenforceable by any court, the remainder of these General Terms and Conditions and any attempt to enforce any of them to a different circumstance or event will remain valid and in full force and effect.
  17. Taxes and other assessments. This is a “net lease” and we both agree that the service and rental fee is net to Starry. You will pay all license fees, assessments and sales, use, property and excise or other taxes that may be imposed on the Starry Station unit relating to your use or possession of it. We will be obligated to pay any applicable income taxes on the service and rental fee paid to us.
  18. No waiver of our rights. If we fail to take any action or assert any right under these General Terms and Conditions, it shall not be considered a waiver by us of that right. We may choose to enforce our right at any time, regardless if we have failed to previously enforce such right.
  19. Contact information. If you have any questions or issues regarding these General Terms and Conditions you may contact us in writing at support@starry.com. You agree that we may contact you by email at the email address you provide to us in connection with registering for the service.