LEGAL NOTICE
INDEMNIFICATION
YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE, OR ANYONE ELSE'S USE, OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

LIMITATIONS OF LIABILITY
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND OF YOUR ACCOUNT — WDT AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU, OR ANYONE ELSE USING YOUR ACCOUNT, MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.

IF OUR OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE'S NEGLIGENCE CAUSES DAMAGE TO A PERSON OR PROPERTY (WITH THE EXCEPTION OF CLAIMS REGARDING YOUR HARDWARE, EQUIPMENT AND SOFTWARE WHICH ARE SUBJECT TO THIS AGREEMENT), WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF OUR OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE'S NEGLIGENCE CAUSES DAMAGE OF ANY SORT, WE AND ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF WDT'S OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE'S WILLFUL OR INTENTIONAL MISCONDUCT, WE AND ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, OR FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION) IT IS BASED.

WE OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE WILL NOT BE LIABLE FOR ANY DAMAGES — AND WE WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD — IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

LIMITED WARRANTY
WDT warrants that it will perform all repair and installation Services in a workmanlike manner, consistent with prevailing industry standards for the same services. Customer acknowledges that certain Services are provided on a strictly “as is” basis.

Warranty Disclaimer. EXCEPT FOR THE ONE (1) YEAR LIMITED WARRANTY FOR CPE AND, ALL SERVICES, AND ALL OTHER PRODUCTS (INCLUDING CPE) AND SERVICES HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER'S OR ITS END USERS’ USE THEREOF IS AT SUCH PARTIES’ OWN RISK. WDT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE AND THE ONE (1) YEAR LIMITED WARRANTY FOR CPE, WDT DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE.

In addition to, but not in limitation of, the above disclaimer neither WDT nor its suppliers shall have any liability under any provision of this Agreement with respect to any performance problem, claim of infringement or other matter to the extent attributable to (a) any unauthorized or improper use or modification of the CPE or Services by a party other than WDT, its subcontractors or agents; (b) any unauthorized combination of the CPE or Services with other CPE or Services by a party other than WDT, its subcontractors or agents; (c) any use of any version of firmware for a CPE other than the latest release of the CPE firmware made available by WDT; or (d) any breach of this Agreement by Customer or its End Users. In addition to, but not in limitation of, the above disclaimer, WDT (and WDT’s suppliers) shall not be liable to Customer or End Users for any of the following resulting or in any way related to the Services or CPE: (i) viruses, worms, Trojan horses, or other undesirable data or software produced or initiated by third parties; or (ii) the attempt by unauthorized users (e.g., hackers) to obtain access to Customer’s or an End Users’ data, web site, computers, or networks through the Services or CPE.

DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.

a. Binding Arbitration
By visiting www.mywdt.com, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Legal notices and any dispute of any sort that might arise between you and WDT or its affiliates.

Any dispute relating in any way to your visit to www.mywdt.com or to services you purchase through us shall be submitted to confidential arbitration in Texas. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND WDT BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

MISCELLANEOUS

a. No Third-Party Rights: This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

b. Acts Beyond Our Control: Neither you nor we will be responsible to the other for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.

c. Assignment: We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.

d. Governing Law: This Agreement will be governed by the law of the State of Texas, without regard to its choice of law rules, except that the arbitration provisions will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Service.

e. Entire Agreement: This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral.

f. Site Policies, Modification, and Severability: We reserve the right to make changes to our site, policies, and these Legal notices without prior notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.