EFFECTIVE FEBRUARY 5, 2018
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND FEDERATED WIRELESS INC. (“FEDERATED WIRELESS”, “WE” OR “US”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: HTTP://WWW.FEDERATEDWIRELESS.COM/ AS WELL AS ALL ASSOCIATED SITES LINKED BY FEDERATED WIRELESS, ITS SUBSIDIARIES AND AFFILIATED COMPANIES TO HTTP://WWW.FEDERATEDWIRELESS.COM/ (COLLECTIVELY, THE “SITE”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
FEDERATED WIRELESS may make changes to the content and services offered on the Site at any time. FEDERATED WIRELESS can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after FEDERATED WIRELESS has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age.
FEDERATED WIRELESS provides content through the Site that is copyrighted and/or trademarked work of FEDERATED WIRELESS or FEDERATED WIRELESS’ third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, FEDERATED WIRELESS hereby grants you a limited, personal, non-exclusive, revocable and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site.
You can simply view the Site. You need not register with FEDERATED WIRELESS to simply visit and view the Site. However, in order to access certain portions of the Site, you may be required to provide specific information and to create a user ID and password to establish an account. You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers), and you are solely responsible for any use (authorized or not) of your account(s). You agree to notify immediately us of any unauthorized activity regarding any of your accounts or other breach of security. We may in our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
Links to Third-Party Sites.
You agree to indemnify and hold FEDERATED WIRELESS and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) FEDERATED WIRELESS or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or violates the copyrights, trademark rights or other rights of any third-party. These indemnity obligations will survive termination of your relationship with FEDERATED WIRELESS or your ceasing to use the Sites. FEDERATED WIRELESS reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with FEDERATED WIRELESS in asserting any available defenses.
Federated Wireless is a trademark of FEDERATED WIRELESS in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of FEDERATED WIRELESS. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by FEDERATED WIRELESS, and they may include inaccuracies or typographical or other errors. FEDERATED WIRELESS does not warrant the accuracy of timeliness of the Materials contained on this Site. FEDERATED WIRELESS has no liability for any errors or omissions in the Materials, whether provided by FEDERATED WIRELESS, our licensors or suppliers or other users.
FEDERATED WIRELESS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FEDERATED WIRELESS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
FEDERATED WIRELESS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE (INCLUDING, WITHOUT LIMITATION, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE). IN NO EVENT SHALL FEDERATED WIRELESS BE LIABLE TO YOU FOR (A) ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF USE OR OTHER INTANGIBLE LOSSES) HOWEVER ARISING, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF FEDERATED WIRELESS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control.
FEDERATED WIRELESS controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Site and you agree that you shall not transfer, or authorize the transfer, of any content to a prohibited country or otherwise in violation of any applicable laws. In particular, but without limitation, the content may not be exported or re-exported, in violation of any applicable laws, (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using any content subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If you send or transmit any communications, comments, questions, suggestions, or related materials to FEDERATED WIRELESS, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and FEDERATED WIRELESS is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights (collectively “Creative Items”) contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that FEDERATED WIRELESS is not obligated to use, display, reproduce, or distribute any such Creative Items contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. If an assignment of all right, title and interest in any Creative Items contained in the Feedback is barred by applicable law, you nevertheless hereby grant to FEDERATED WIRELESS an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such Creative Items in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity.
If the use of the Site by you or anyone using your account, in FEDERATED WIRELESS’ sole discretion, violates these Terms or any other FEDERATED WIRELESS agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Internet or our computer systems then, without limiting any other right or remedy FEDERATED WIRELESS may have, we may suspend, deny or restrict your access to the Site (and to take any other action Federated Wireless deems appropriate to protect Federated Wireless, our users and other customers). Without limiting the general policy stated above, you agree not to use the Site (including by linking to the Site), in any manner that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes or misappropriates FEDERATED WIRELESS’ or a third party's intellectual property, confidentiality, or other rights;
- advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
- distributes advertising or promotional content;
- compiles, uses, downloads or otherwise copies any user information and/or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
- accesses (or attempts to access) any of the Site content by any means other than through the interface that is provided by FEDERATED WIRELESS. You specifically agree not to access (or attempt to access) any of the Site content through any automated script or routine, including "robots," "spiders," "offline readers," bots, web crawlers or other means, that accesses the Site content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- interferes with or disrupts the Site content (or the servers and networks which are connected to the Site content), whether via malicious software or otherwise; and/or
- reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site content for any purpose.
Virginia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in the courts located in Arlington County in the State of Virginia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. FEDERATED WIRELESS’ failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and FEDERATED WIRELESS and supersede all prior or contemporaneous negotiations, discussions or agreements between you and FEDERATED WIRELESS about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact FEDERATED WIRELESS for any reason, you can write to us at Federated Wireless, 3865 Wilson Boulevard, Suite 200, Arlington, VA 22203, call us at 703-650-0585, or email us [email protected].
Copyright © 2018 Federated Wireless Inc., all rights reserved.