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TERMS OF UNION WIRELESS
WEBSITE USE
[EFFECTIVE NOVEMBER 24, 2005
]
Your access to Union Wireless’ Website(s)
is conditional upon and limited by the terms of this Website Access Agreement
as follows. When you visit or use our
sites, you agree to be bound by the terms and conditions set forth herein or
incorporated herein by reference. Union
Wireless reserves the right to amend or modify the terms hereof at any time in
its sole discretion. If and when we
amend or modify these provisions, we will notify you by posting the amended or
modified terms on this website.
Amendments and modifications are effective upon such posting.
1.
Service and Product Information.
Union Wireless attempts to use its best
reasonable efforts to provide information about its services and products that
is up to date and accurate, but we do not warrant such information to be
so. Pricing errors may be corrected by
Union Wireless at any time any way up to and including canceling your order. We would appreciate you notifying us if you
see an error.
2.
Warranty Disclaimer.
Union Wireless disclaims all warranties,
express or implied, including without limitation implied warranties of
merchantability and/or fitness for a particular purpose as to the information,
content, services and products on our website.
We do not warrant the site information to be error free or up to date or
that downloads from the site will be free of viruses, worms, Trojan horses or
other destructive codes. Nor do we
warrant or represent that our website or servers are immune from hacking or
other unauthorized access or that your access and use of the site will be
uninterrupted, free of errors, or otherwise meet your requirements.
3.
Limitation of Liability.
In no event shall Union Wireless be liable
for any direct, indirect, special or consequential damages or any other damages
of any kind, including but not limited to loss of use, loss of profits, or loss
of data, whether in an action in contract warranty, tort, including but not
limited to negligence or otherwise, arising out of or in any way connected with
(a) the use or inability to use our Website(s) or the content, materials,
information or transactions provided on or through the sites, or (b) any claim
attributable to errors, omissions, or other inaccuracies in the sites or the
content, materials, information, products, or services on or available through
the sites, even if Union Wireless or its authorized agents have been advised of
the possibility of such damages.
In no event shall the aggregate liability
of Union Wireless whether in contract, warranty, tort, including negligence
whether active, passive, or imputed, product liability, strict liability, or any
other theory, arising out of or relating to the use of Union Wireless’ sites,
exceed $10.00 or the amount you paid Union Wireless, whichever is less.
In states that do not allow limitations on
damages or implied warranties, Union Wireless’ liability is limited to the
greatest extent permitted by such state’s law.
4.
Change of Site Content.
Union Wireless reserves the right to
change, including delete, any and all content contained on our websites at any
time without notice. Reference to any
product, service or other information, by manufacturer, trade-name, supplier or
otherwise does not constitute or imply our endorsement or recommendation
thereof.
5.
Copyright Protection.
All materials on our websites, including
format, design, text, photos, graphics, sound files and other files are ALL
RIGHTS RESERVED copyright © 2005 Union Telephone Company. By this limited license, you may personally
access the websites and print materials only for your personal and
non-commercial use. No other use of our
websites is granted to you nor are you granted any other right or license,
express or implicit or otherwise, to use our sites. Unauthorized use of our websites terminates
the limited license allowing you access to our websites and may violate
applicable laws governing copyrights and communications.
6.
Username/Password.
In order to access some areas of our
websites you will need a username and password.
As with all usernames and passwords, you are responsible for protecting
the confidentiality of yours and you are responsible for all transactions and
other actions that take place under your username and password. If you believe the confidentially of either
or both your username and password have been compromised, you must notify us as
soon as possible so that we may take remedial action that we believe in our
sole discretion to be necessary. We will
never be liable to you for any damage or injury arising or resulting from our
actions or omissions under this provision or from any confidentiality breach or
unauthorized access of your password or account.
7.
Prohibited Use.
(a)
You shall not use our websites for spamming of any sort, chain letters, junk mail, advertising, market research, surveys of any kind, nor for distribution lists or third party use of websites.
(b) You shall not use our websites to transmit, or allow another to transmit, any unlawful, harassing, defamatory, harmful, threatening, salacious, abusive, vulgar, obscene, or other objectionable material or content of any kind.
us.
(c) You shall use our websites only for lawful purposes, and your use must be in compliance with all applicable laws including, without limitation, trademark, copyright, intellectual property, obscenity and defamation laws.
8.
Boilerplate Provisions.
(a) This
agreement is governed by the laws of the State of Wyoming
excluding its conflicts of law
principles. Exclusive jurisdiction and
venue for any suit arising or resulting from this agreement shall be the appropriate
court of record in Uinta
County
,
Wyoming
.
(b) Any
waiver by us of any provision of this agreement must be in a writing signed by
us.
(c) No
provision of this agreement shall be changed by the course of conduct between
you and us or by usage in the wireless trade.
(d) This
agreement may be terminated by either party at any time.
(e) In
the event a provision of this agreement shall be deemed void, unlawful or
otherwise not enforceable, then such provision shall be deemed severed from
this agreement and shall not affect the enforceability or validity of the
remaining provisions.
(f) If
you violate this agreement, you shall indemnify, defend and hold us harmless
from any liabilities, damages, losses and attorney fees resulting from such
violations.
(g) You
may not assign this agreement, but it is binding on your heirs, successors and
any permitted assignees.
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