Terms of Service

Last Updated: 4/13/26

Welcome to ModemGuides.com. These Terms of Service (“Terms”) govern your access to and use of the ModemGuides.com website, the mobile ModemGuides site, any ModemGuides mobile application (Android and iOS), and all related services (collectively, the “Site”). By accessing or using the Site, creating an account, making a purchase, participating in the Buyback Program, or submitting content, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must discontinue use of the Site immediately.

References to “ModemGuides,” “we,” “us,” or “our” refer to ModemGuides LLC, its owners, operators, officers, employees, affiliates, subsidiaries, and designees. “You” and “your” refer to any individual or entity accessing or using the Site.

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for updates. We will make reasonable efforts to notify registered users of material changes by email or site notification, but your continued use of the Site constitutes acceptance regardless of whether you have reviewed the updated Terms.

1. Eligibility

You must be at least 18 years of age to make purchases, participate in the Buyback Program, or enter into any binding agreement on the Site. Individuals between the ages of 13 and 18 may browse the Site and access informational content only with the involvement of a parent or legal guardian. You may not use the Site if you are under the age of 13. By using the Site, you represent and warrant that you meet these eligibility requirements.

2. About Our Site and Services

ModemGuides.com operates as an e-commerce store, product review and comparison website, educational resource, and affiliate marketing publisher. Our services include, but are not limited to:

(a) Direct Product Sales. We sell modems, routers, networking equipment, and related technology products directly to consumers through our online store.

(b) Informational and Educational Content. We publish articles, buying guides, how-to tutorials, troubleshooting guides, product reviews, product comparisons, and technology news.

(c) Affiliate Marketing. We participate in affiliate advertising programs, including but not limited to the Amazon Services LLC Associates Program, and may earn commissions when you click on affiliate links and make purchases from third-party retailers. See Section 6 for our complete Affiliate Disclosure.

(d) Buyback Program. We may offer a product buyback or trade-in program for qualifying used networking equipment, subject to separate terms set forth in Section 8.

The availability of any service, product, or program described above may change at any time at our sole discretion without prior notice.

3. Accounts and Registration

If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You must notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for any reason, including but not limited to a violation of these Terms, suspected fraudulent activity, or inactivity.

You may not share your account credentials with any third party, create multiple accounts for deceptive purposes, or use another person’s account without their permission.

4. Products and Purchases

(a) Product Descriptions. We make reasonable efforts to accurately describe and display the products available on our Site, including specifications, images, compatibility information, and pricing. However, we do not warrant that product descriptions, photographs, pricing, or other content on the Site is accurate, complete, current, or error-free. Colors, dimensions, and other physical attributes may vary from what is displayed on screen due to monitor settings and other factors.

(b) Pricing and Availability. All prices are listed in U.S. dollars unless otherwise noted. Prices and product availability are subject to change without notice. We reserve the right to correct any pricing errors, even after an order has been placed. If a product is listed at an incorrect price or with incorrect information due to a typographical error or other mistake, we reserve the right to cancel any orders placed for that product.

(c) Order Acceptance. Your placement of an order constitutes an offer to purchase. Our order confirmation does not constitute acceptance of your order. We reserve the right to accept, decline, limit, or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, suspected fraud, or errors in your order. We may impose quantity limits on a per-person, per-household, or per-order basis. If we cancel an order for which payment has already been collected, we will issue a full refund for the canceled portion.

(d) Payment. We accept payment methods as indicated at checkout. By providing a payment method, you represent and warrant that you are authorized to use that payment method. We may preauthorize your payment method at the time of order placement. We generally charge your payment method when the item ships. For digital products, payment is charged upon download or account access.

(e) Shipping, Delivery, and Risk of Loss. Shipping and delivery timelines are estimates only and are not guaranteed. Risk of loss and title for items purchased from ModemGuides pass to you upon delivery of the items to the carrier. We are not responsible for delays caused by the carrier, customs, weather, or other circumstances beyond our control.

(f) Returns and Refunds. Our Return and Refund Policy, available at [link], is incorporated into these Terms by reference. Products must be returned in their original packaging and in the condition specified in the Return and Refund Policy. We reserve the right to refuse returns or issue partial refunds for items that do not meet the return criteria. Refunds will be issued to the original payment method and may take up to 14 business days to process.

(g) Product Warranties and Disclaimers. Any warranty on a product sold through the Site is provided by the product manufacturer, not by ModemGuides, unless we explicitly state otherwise in writing. We make no warranty, express or implied, regarding any product sold through the Site, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that any product will be compatible with your specific internet service provider (ISP), network configuration, or equipment, even if the product listing suggests compatibility. It is your responsibility to verify compatibility before purchase.

5. Informational Content Disclaimer

(a) General Disclaimer. The articles, guides, tutorials, reviews, comparisons, and other informational content published on the Site (collectively, “Content”) are provided for general informational and educational purposes only. Content is based on the information available to us at the time of publication and may not reflect the most current specifications, pricing, ISP policies, firmware updates, or industry developments.

(b) Not Professional Advice. Content on the Site does not constitute professional technical advice, consulting services, or any form of professional recommendation. You should consult a qualified professional for advice specific to your situation, network configuration, or technical needs.

(c) No Guarantee of Accuracy. While we strive to provide helpful and accurate information, we make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of any Content. Product specifications, ISP compatibility information, pricing, and performance claims may change without notice and may vary based on factors beyond our control, including firmware updates, ISP policy changes, regional availability, and hardware revisions.

(d) AI-Assisted Content. Some Content on the Site may be created or edited with the assistance of artificial intelligence tools. While we review AI-assisted content for accuracy, we cannot guarantee that all such content is free from errors, omissions, or inaccuracies.

(e) Reliance on Content. Any reliance you place on Content published on the Site is strictly at your own risk. We shall not be liable for any loss or damage arising from your reliance on any Content on the Site.

(f) Product Reviews and Comparisons. Our product reviews and comparisons reflect the opinions of our editorial team based on available testing, research, and publicly available information. Reviews are subjective, and your experience with any product may differ. We do not guarantee that our recommendations will be suitable for your specific needs.

(g) ISP-Specific Information. Information regarding internet service providers, including but not limited to compatible equipment lists, speed tiers, pricing, and service areas, is provided for reference only and is sourced from publicly available information. ISPs may change their policies, compatible equipment lists, and service offerings at any time. Always verify current ISP requirements directly with your provider before making a purchase.

6. Affiliate Relationships and Disclosures

(a) Affiliate Disclosure. ModemGuides.com is a participant in affiliate advertising programs designed to provide a means for us to earn advertising fees by linking to third-party retailer websites. This includes, but is not limited to, the Amazon Services LLC Associates Program. When you click on an affiliate link on our Site and make a purchase, we may earn a commission at no additional cost to you.

(b) Compensation and Editorial Independence. The presence of affiliate links on our Site does not influence our editorial content, product reviews, or recommendations. Our editorial team selects products for review and recommendation based on merit, independent of whether an affiliate relationship exists. However, the compensation we receive may affect which products we choose to write about and where and how products appear on the Site.

(c) No Endorsement of Third-Party Retailers. Our inclusion of affiliate links to third-party retailers does not constitute an endorsement, guarantee, or warranty of those retailers, their products, their pricing, or their customer service. We are not responsible for the products, services, policies, or practices of any third-party retailer.

(d) Price Accuracy. Product prices displayed alongside affiliate links are provided by third-party retailers and may not reflect the most current pricing. Prices may change between the time you view them on our Site and the time you complete a purchase on the third-party retailer’s site. We are not responsible for any pricing discrepancies.

(e) FTC Compliance. In compliance with the Federal Trade Commission’s guidelines on endorsements and testimonials (16 CFR Part 255), we disclose our material relationships with affiliate partners. Our affiliate disclosures appear on individual content pages and on our dedicated Affiliate Disclosure page at [link].

7. Third-Party Links and Services

The Site contains links to websites and services operated by third parties (“Third-Party Sites”), including but not limited to affiliate partner websites, manufacturer websites, ISP websites, and social media platforms. These links are provided for your convenience and informational purposes only. We do not control, endorse, or assume responsibility for the content, privacy policies, terms of service, or practices of any Third-Party Site. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of those sites. We encourage you to review the terms and privacy policies of any Third-Party Site before providing personal information or making purchases.

We shall not be liable for any damages, losses, or injuries arising from your interaction with any Third-Party Site, including but not limited to purchases made on third-party websites accessed through affiliate links on our Site.

8. Buyback Program

(a) Program Overview. ModemGuides may offer a Buyback Program through which we purchase qualifying used networking equipment (modems, routers, and related devices) from customers. The Buyback Program is offered at our sole discretion, and we reserve the right to modify, suspend, or discontinue the program at any time without prior notice.

(b) Eligibility and Qualification. Not all products are eligible for the Buyback Program. Eligibility requirements, including but not limited to product model, age, condition, and functionality, will be specified on the Buyback Program page of the Site. We reserve the sole and absolute right to determine whether a product qualifies for buyback and to reject any product that does not meet our criteria.

(c) Valuation and Pricing. Buyback values are determined by ModemGuides at our sole discretion based on factors including but not limited to the product’s model, condition, age, market demand, and current inventory levels. A quoted buyback value is not a binding offer until we have received, inspected, and accepted the product. Final buyback values may differ from initial estimates or quotes. We reserve the right to adjust the buyback value after physical inspection if the product’s condition differs from what was described or represented by the seller.

(d) Product Condition and Representations. By submitting a product for buyback, you represent and warrant that: (i) you are the lawful owner of the product or are authorized to sell it; (ii) the product is free of any liens, encumbrances, or claims by third parties; (iii) the product is not stolen, counterfeit, or otherwise illegally obtained; (iv) the product has not been subject to any manufacturer recall for safety defects; (v) you have accurately described the product’s condition, functionality, and any known defects; and (vi) you have removed all personal data, account credentials, ISP configurations, and personally identifiable information from the product prior to submission.

(f) Transfer of Ownership. Upon our acceptance and payment for a buyback product, ownership and title transfer to ModemGuides. You relinquish all rights, claims, and interests in the product upon completion of the transaction.

(g) Shipping and Risk of Loss. Unless otherwise specified, you are responsible for shipping costs and risk of loss during transit for products submitted for buyback. We recommend using a trackable shipping method with insurance. ModemGuides is not liable for products that are lost, stolen, or damaged during shipping.

(h) Rejection and Return of Products. If we determine that a submitted product does not meet our buyback criteria, we will notify you. We may, at our option, return the product to you at your expense or dispose of the product if you do not arrange for return within 30 days of notification. We are not responsible for the condition of products returned to you after inspection.

(i) Payment. Buyback payments will be issued via the method specified on the Buyback Program page. Payment will be made within the timeframe stated at the time of the transaction after we have received, inspected, and accepted the product.

(j) Program Limitations. Maximum buyback values, eligible product categories, and program terms may change at any time. We may impose per-person, per-household, or per-period limits on buyback transactions. We reserve the right to refuse participation to anyone suspected of fraud, commercial resale schemes, or abuse of the program.

(k) Disclaimers. THE BUYBACK PROGRAM IS PROVIDED ON AN “AS IS” BASIS. MODEMGUIDES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BUYBACK PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR MAXIMUM LIABILITY IN CONNECTION WITH ANY BUYBACK TRANSACTION SHALL NOT EXCEED THE FINAL BUYBACK VALUE PAID OR PAYABLE FOR THE APPLICABLE PRODUCT. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE BUYBACK PROGRAM.

(l) Indemnification. You agree to indemnify and hold harmless ModemGuides, its owners, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your participation in the Buyback Program, including but not limited to claims that a product submitted for buyback was stolen, encumbered, or contained third-party data.

9. Proprietary Rights and Intellectual Property

(a) Ownership. All content included on or comprising the Site, including but not limited to text, articles, guides, reviews, photographs, graphics, videos, logos, icons, audio clips, software, data compilations, page layout, and underlying code (collectively, “Site Content”), is the property of ModemGuides or its content suppliers and is protected by United States and international copyright, trademark, patent, and other intellectual property laws. The Site Content is protected as a collective work under U.S. and international copyright laws, and ModemGuides owns the copyright in the selection, coordination, arrangement, and enhancement of all Site Content.

(b) Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content for your personal, non-commercial use only, subject to these Terms. This license does not include the right to: (i) copy, reproduce, distribute, publicly display, or publicly perform any Site Content; (ii) modify, create derivative works from, or reverse engineer any Site Content; (iii) use any data mining, robots, scraping, or similar data gathering methods on the Site; (iv) frame, mirror, or use any meta tags or hidden text utilizing ModemGuides’ name or trademarks; (v) use the Site Content for any commercial purpose, including but not limited to resale, republication, or use in competing products or services; or (vi) use any automated means to access the Site for any purpose without our express written consent.

(c) Trademarks. “ModemGuides,” the ModemGuides logo, and other marks, logos, and trade dress used on the Site are trademarks or registered trademarks of ModemGuides LLC and may not be used without our prior written permission. All other trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners.

(d) Feedback. If you provide us with any suggestions, ideas, improvements, or feedback regarding the Site or our products and services (“Feedback”), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, distribute, and incorporate such Feedback into our products and services without any obligation of compensation or attribution to you.

10. User-Generated Content

(a) License Grant. By submitting any content to the Site, including but not limited to product reviews, ratings, comments, questions, answers, forum posts, images, videos, testimonials, and other communications (collectively, “User Content”), you grant ModemGuides a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right and license to use, reproduce, modify, adapt, translate, publish, distribute, display, and create derivative works from your User Content in any media now known or hereafter developed, for any purpose, including commercial purposes, without compensation or attribution, unless otherwise required by law.

(b) Representations and Warranties. By submitting User Content, you represent and warrant that: (i) you own or have the necessary rights and permissions to submit the User Content and grant the license described above; (ii) the User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, or other rights; (iii) the User Content is accurate and not misleading; (iv) the User Content does not contain any viruses, malware, or other harmful code; and (v) the User Content complies with all applicable laws and regulations.

(c) Prohibited Content. You may not submit User Content that: (i) is false, misleading, defamatory, libelous, obscene, hateful, discriminatory, threatening, or harassing; (ii) promotes illegal activity or violates any applicable law; (iii) infringes any intellectual property right or other proprietary right of any third party; (iv) contains personal information about any third party without their consent; (v) is spam, advertising, or solicitation; (vi) impersonates any person or entity or misrepresents your affiliation with any person or entity; or (vii) contains any harmful computer code, links to malicious sites, or phishing attempts.

(d) Disclosure of Affiliations. If you submit User Content, you agree to disclose any material connection you have to any product, brand, or service mentioned in your submission, including but not limited to employment, sponsorship, or receipt of free products.

(e) Moderation and Removal. We reserve the right, but not the obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason, including but not limited to a violation of these Terms or if the content is otherwise objectionable. We are not responsible for User Content submitted by third parties.

(f) No Obligation. We are under no obligation to publish, display, or respond to any User Content. We may use User Content for marketing and promotional purposes.

11. Digital Millennium Copyright Act (DMCA)

(a) Notice of Infringement. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site;
• Your contact information, including your name, address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

(b) Copyright Agent. Our designated Copyright Agent to receive notifications of claimed infringement can be reached at:

Email: support@modemguides.com

(c) Counter-Notification. If you believe your content was wrongly removed due to a DMCA notice, you may file a counter-notification with the information required under 17 USC 512(g)(3). We will forward the counter-notification to the original complaining party and may restore the removed content within 10 to 14 business days unless the complaining party files a court action.

(d) Repeat Infringers. We reserve the right to terminate the accounts of users who are repeat copyright infringers.

12. Privacy

Your use of the Site is subject to our Privacy Policy, available at [link], which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, store, and protect your personal information. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

We use cookies and similar tracking technologies on the Site for functionality, analytics, advertising, and affiliate tracking purposes. For more information, please review our Cookie Policy at [link].

13. Disclaimers

THE SITE AND ALL CONTENT, PRODUCTS, SERVICES, AND FEATURES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MODEMGUIDES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, MODEMGUIDES DOES NOT WARRANT THAT: (A) THE SITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) ANY PRODUCT SOLD THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) ANY RESULTS OBTAINED FROM THE USE OF THE SITE OR ITS CONTENT WILL BE ACCURATE OR RELIABLE; OR (E) ANY ERRORS IN THE SITE OR ITS CONTENT WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODEMGUIDES, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO:

(A) YOUR USE OF OR INABILITY TO USE THE SITE;
(B) ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO PRODUCT DEFECTS, INCOMPATIBILITY, OR PERFORMANCE ISSUES;
(C) ANY CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO PRODUCT REVIEWS, RECOMMENDATIONS, GUIDES, TUTORIALS, ISP COMPATIBILITY INFORMATION, OR TROUBLESHOOTING INSTRUCTIONS;
(D) YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE SITE;
(E) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE, INCLUDING PURCHASES FROM THIRD-PARTY RETAILERS VIA AFFILIATE LINKS;
(F) YOUR PARTICIPATION IN THE BUYBACK PROGRAM;
(G) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS, OR DATA;
(H) ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES ACCESSED THROUGH LINKS ON THE SITE;
(I) ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR YOUR ACCOUNT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER MODEMGUIDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID TO MODEMGUIDES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100.00).

The limitations in this section do not limit or exclude liability for: (i) death or personal injury caused by ModemGuides’ negligence; (ii) fraud or fraudulent misrepresentation by ModemGuides; or (iii) any other liability that cannot be excluded or limited by applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

15. Indemnification

You agree to indemnify, defend, and hold harmless ModemGuides, its owners, officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any rights of any third party, including intellectual property, privacy, or publicity rights; (d) any User Content you submit; (e) your participation in the Buyback Program; (f) any products you sell to us through the Buyback Program; (g) your fraudulent, negligent, or wrongful acts or omissions; or (h) any dispute between you and a third party arising from your use of the Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

16. Security and Acceptable Use

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation;
• Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• Transmit any material that is defamatory, obscene, threatening, abusive, or otherwise objectionable;
• Impersonate or attempt to impersonate ModemGuides, a ModemGuides employee, another user, or any other person or entity;
• Engage in any conduct that restricts or inhibits any other person’s use or enjoyment of the Site;
• Use any device, software, or routine that interferes with the proper working of the Site;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is hosted, or any server, computer, or database connected to the Site;
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written consent;
• Use the Site to send unsolicited communications, spam, or bulk messages;
• Probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach security or authentication measures;
• Forge any TCP/IP packet header or any part of the header information in any email or posting;
• Use the Site to collect or harvest any personally identifiable information from other users; or
• Use buying agents, conduct fraudulent activities, or engage in price manipulation schemes on the Site.

We may investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. We reserve the right to suspend or terminate your access to the Site at any time for any violation of these Terms.

17. Dispute Resolution by Binding Individual Arbitration

ANY DISPUTE INVOLVING YOU AND MODEMGUIDES OR ANY OF ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS FOLLOWS:

• ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MAY BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
• ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.

(a) Definition of Dispute. “Dispute” shall be interpreted broadly and covers any claim or controversy arising out of or relating in any way to your relationship or interaction with ModemGuides, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes, without limitation, disputes arising from: (i) your use of the Site; (ii) any purchases made through the Site; (iii) participation in the Buyback Program; (iv) any Content on the Site, including product reviews and recommendations; (v) transactions facilitated by affiliate links; (vi) any communications between you and ModemGuides; and (vii) any products or services offered, sold, distributed, or purchased through the Site.

(b) Waiver of Rights. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

(c) Mandatory Informal Dispute Resolution. Before either party may initiate an arbitration proceeding, you and ModemGuides agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by mutual agreement. If you intend to initiate an arbitration proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to ModemGuides at support@modemguides.com. The Notice must include: your name and contact information (address, telephone number, and email address); information sufficient to identify any transaction at issue; a detailed description of the Dispute; the specific facts supporting your claim(s); the nature and basis of the damages you claim to have suffered; and a calculation and explanation of the relief sought. The Notice shall be personally signed by you.

If ModemGuides intends to initiate an arbitration proceeding, it will send a Notice to you at the contact information we have on file. If requested by ModemGuides, you agree to personally participate (along with your counsel, if represented) in a telephone or video conference to discuss potential resolution. If the Dispute is not resolved within 60 days after receipt of the Notice, either party may proceed with individual arbitration. Compliance with this informal process is a condition precedent to initiating arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal process.

(d) Arbitration Proceedings. If the parties are unable to resolve the Dispute informally, either party may initiate arbitration by filing a demand with the American Arbitration Association (AAA). The arbitration will be governed by the AAA’s applicable Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate and as modified by these Terms, and will be administered by the AAA. The AAA Rules and claim filing forms are available at www.adr.org. If the AAA is unavailable, another arbitration provider shall be selected by mutual agreement of the parties, or if no agreement is reached, by a court of competent jurisdiction.

(e) Arbitration Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA’s Rules. ModemGuides will consider reimbursing your portion of the AAA fees upon a demonstrated showing of financial hardship.

(f) Arbitration Location and Format. You may choose to have the arbitration conducted by telephone, videoconference, written submissions, or in-person hearing in the county where you live or at another mutually agreed location. ModemGuides reserves the right to request a hearing from the arbitrator.

(g) Class Action Waiver. YOU AND MODEMGUIDES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

(h) Mass Arbitration Procedures. If twenty-five (25) or more similar claims are asserted against ModemGuides by the same or coordinated counsel, the parties agree to the following bellwether process: counsel for each side shall select fifteen (15) cases (per side) to proceed first in individual arbitration. Each of the resulting thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration, nor shall any AAA fees be assessed, until they are selected to proceed. This staged process shall continue in sets of thirty (30) bellwether proceedings until all claims are resolved. The statute of limitations and filing fee deadlines shall be tolled for claims subject to this process. A court shall have authority to enforce this paragraph.

(i) Jury Trial Waiver. If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

(j) Severability of Arbitration Provisions. If the class action waiver in subsection (g) is found unenforceable, then this entire dispute resolution provision (except the jury trial waiver) shall be null and void. If any other provision of this Section 17 is found unenforceable, that provision shall be severed and the remaining provisions shall remain in effect.

18. Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NORTH CAROLINA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST MODEMGUIDES.

You agree that any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you consent to the personal jurisdiction of such courts.

19. Export Compliance

Certain products, software, or materials obtained through the Site may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer or encourage, assist, or authorize the transfer of any such products, software, or materials to a prohibited country, person, or entity, or otherwise in violation of any applicable restriction, law, or regulation.

20. Force Majeure

ModemGuides shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions or orders, labor disputes, supply chain disruptions, power failures, internet or telecommunications failures, cyberattacks, or any other similar event. During such events, our obligations under these Terms shall be suspended for the duration of the event.

21. Electronic Communications

By using the Site or communicating with us electronically, you consent to receive communications from us electronically, including via email, text message, or notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

22. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the original provision.

23. Waiver

No waiver by ModemGuides of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by ModemGuides to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

24. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Return and Refund Policy, and any other policies or agreements referenced herein, constitute the entire agreement between you and ModemGuides regarding your use of the Site and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, regarding the Site.

25. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. ModemGuides may assign these Terms or any rights or obligations hereunder without restriction and without notice to you.

26. Contact Information

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

ModemGuides LLC
Email: support@modemguides.com
Website: https://www.modemguides.com

For DMCA notices, please see Section 11.
For Buyback Program inquiries, please visit our Buyback Program page.
For Privacy Policy questions, please review our Privacy Policy.