- Agreement to Terms - inCode Telecom Group ("we", "us", or "inCode") provides access and use of this Web site, located at incodewireless.com (the "Site") subject to your agreement to all terms, conditions, and notices contained or referred to herein (the "Terms"). Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Site. The Terms, as well as the Site (and information contained within the Site) may be updated or revised from time to time without notice to you. You agree to periodically review these Terms, and your continued access to, or use of, the Site shall constitute your acceptance of such updates and/or revisions.
- Contact Information - If asked to provide your e-mail address during your use of the Site, you will provide an accurate and complete e-mail address.
- Use of Information and Message Boards - Third parties may provide certain information, materials, products, services, data, text, software, graphics, sound, photographs, video, messages, etc. ("Content") on the Site. Although we believe that such Content comes from trustworthy sources, we do not sponsor, endorse, recommend, or license any such third-party Content. You should directly contact the third parties and/or their references for the most accurate information.
- Professional Advice - Neither we, nor our Content sources, nor our users are engaged in giving legal, medical, counseling or other professional services or advice in this Site.
Site Conduct - You agree to abide by the following rules:
(a) you may not upload, post, transmit, or otherwise distribute or facilitate distribution of Content that:
(b) you may not interfere with other users' use of the Site;
(i) is unlawful, harassing, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, that violates the property rights of others (including without limitation infringing use of a copyright, patent, trademark, or trade secret), that violates the privacy or publicity right of others, that contains graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature) or is otherwise objectionable in our sole discretion;
(ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) constitutes advertising, junk or bulk e-mail (also known as "Spamming") chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; or
(iv) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to data or other information of any third party.
(c) you may not use the Site to conduct any activity that is illegal or that violates the rights of others;
(d) you may not use the Site to advertise or sell products or services to others;
(e) you may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) you may not post or transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information, etc.);
(g) you may not post Content to the Site unless the Content is freely owned by you or used with the permission of all other persons with any rights in the Content; and
(h) you may not use the Site to collect or store personal data about other users.
- Removal of Content - We do not pre-review, monitor, or edit Content posted to the Site by any third party. We are not responsible for the accuracy of any Content on the Site. If you believe that any Content posted on the Site is infringing, defamatory, or otherwise violates the Terms, please contact us immediately. We reserve the right in our sole discretion to delete any Content submitted to or appearing on the Site, however, we are not responsible for any failure or delay in removing such Content.
- Submission of Content - If you submit Content to the Site, you grant to us, or warrant that the owner of such Content has expressly granted to us, a worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and to incorporate such Content in other works in any form, media, or technology now known or later developed.
- Internet Links - The Site may provide, or third parties may provide, links to other Internet sites. We do not endorse, and are not responsible for, any such sites or the information, material, products or services contained on or accessible through those sites. You acknowledge that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance upon, any such information, material, products, or services.
- Third Parties - Your correspondence or business transactions with, or participation in promotions of, third parties found on, or e-commerce through, the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions or as the result of the presence of such third parties on the Site.
- DISCLAIMER OF WARRANTIES - ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SITE WILL BE SATISFACTORY; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY - UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE TIMELINESS, ACCURACY, OR COMPLETENESS OF THE CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Indemnification - You agree to indemnify, defend and hold harmless us, our affiliates, governing board, officers, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including reasonable attorneys' fees) related to (a) your use of the Site; (b) your violation of these Terms; or (c) your posting of Content to the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us to the fullest possible extent.
- Modifications to Site - We reserve the right to, from time to time, discontinue or modify, temporarily or permanently, the information, services, products, and/or other Content on the Site with or without notice.
- Use and Storage of Content on the Site - We may establish general practices and limits concerning the use of the Site, including without limitation, the maximum number of days that Content will be available on, or retained by, the Site. We, in our sole discretion, reserve the right to change these general practices and limits at any time.
- Ownership of Content - All information and Content on the Site, as well as the organization and layout of the site, other than Content posted by you, is owned and copyrighted by us, our suppliers, or other Site users. This Site is protected by the copyright laws of the United States of America, 17 U.S.C. Sections 101 et seq. and the laws other jurisdictions as applicable. Except as expressly authorized by us, you may not copy, distribute, resell, display, sublicense or create derivative works based on any such information or Content from the Site, in whole or in part.
- Trademark Notice - The trademark inCode" is the exclusive property of inCode and may not be used in any way except as specifically permitted in accordance with these Terms or pursuant to inCode's express written consent. In addition, the names, trade names, trademarks and service marks of third parties may appear on this Site from time to time. All such names, trade names, trademarks, and service marks are proprietary to their respective owners and may be used only with the express written permission of their respective owners.
- Termination - We may, in our sole discretion, with or without notice, suspend or terminate your use of this Site, and remove and discard any Content on the Site, for any reason (including, without limitation, for a violation of the Terms). We may also bar you from any future access to the Site. We will not be liable to you for any such suspension, termination or prohibition on future access. Should you object to any subsequent modifications of the terms and conditions of these Terms, your sole recourse will be to immediately notify us of your termination of these Terms, which termination will be effective immediately. To the extent permitted by applicable law, the terms and conditions of these Terms will survive any termination of these Terms.
- Notices - Any notices to you by us may be made by either e-mail or regular mail.
- General Provisions - These Terms constitute the entire agreement between you and us and govern your use of the Site, superceding any prior agreements between you and us regarding the Site (including, but not limited to, any prior versions of these Terms). These Terms and the resolution of any dispute related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law of that or any other jurisdiction. Our failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. The section headings in these Terms are for convenience only and have no legal or contractual effect. Regardless of any statute or law to the contrary, you hereby waive your right to bring any claim against us more than one year after such claim first arose.
- Consent to Jurisdiction and Venue - You hereby agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms or your use of the Site shall be the state or federal courts located in Los Angeles, California, and you further agree to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.