Effective Date: April 1, 2013
Acceptance of Terms. These Terms are a legally binding agreement between you and Voqal regarding your use of the Website. By using our Website, you agree to be bound by these Terms,. You acknowledge that you have read and understand these Terms and agree to be bound by these Terms with respect to your use of and access to this Website. If you do not wish to be bound by any or all of these Terms, you may not use or access this Website.
Modification of Terms
We reserve the right to change or modify these Terms or any policy or guideline of the Website, from time to time. Any non-material changes or modification will be effective immediately upon posting of the revised Terms on our Website, and you waive any right you may have to receive specific notice of such changes or modifications. We will give you advance notice of any material changes, as determined by us in our discretion, to the Terms or other policies and provide you a reasonable period of time to review the revised Terms before they become effective. Since we may not have any way to contact you directly, we may notify you on the homepage of the Website. Your continued use of our Website or Service following the effective date of any modifications will confirm your acceptance of the revised Terms.
Ownership, Copyright and Trademark Information
Voqal or our third party licensors, own and reserve all rights, title and interests in our Website, including all of the software and code that comprise and operate our Website, and all of the text, photographs, video, audio, graphics, or other content of any type featured on our Website or distributed from or via our Website (collectively “Content”). Our Website, including the Content, is protected under copyright, trademark, service mark, trade dress, patent, trade secret and other intellectual property laws. In addition, we own the copyright in the entire Website as a collective work under U.S. and international copyright laws and treaties. Nothing in these Terms shall be construed as transferring any right, title or interest in our Website or Content to you or anyone else, except the limited license to use our Website and Content on the terms expressly set forth herein. Voqal reserves all rights regarding this Website and the Content. The trademarks and service marks used or displayed on our Website (“Trademarks”) are registered and unregistered trademarks of Voqal, Clearwire, or other third parties. You may not use any Trademarks displayed on our Website without the prior express written permission of Voqal or the trademark owner.
License and Restrictions
You are prohibited from interfering with or disrupting the Website, or servers or networks connected thereto, or accessing, hacking into or cracking any data therein not intended for you without authorization. You are further prohibited from using the Website or the Service in violation of any applicable law or regulation or in a manner that would potentially harm any individual or entity, including without limitation Voqal
Disclaimer Regarding Accuracy of Content
Voqal makes no representations or warranties as to the accuracy or reliability of any Content on the Website, any websites with which our Website is linked, or any Content you may encounter through use of the Service. You expressly agree to hold Voqal harmless for any claims of damage arising from any product or service provided by any third party which you have accessed on or through links on the Website.
Your Comments and Feedback
We welcome your comments, feedback, suggestions, ideas and other communications regarding our Website and the information and services we make available through this Website (collectively, “Comments”). Any Comments you provide to us through our Website and through e-mail, verbal communications, or otherwise will be and remain the exclusive property of Voqal, and Voqal may use such Comments in any manner Voqal deems appropriate, including without limitation in a commercial manner, without providing notice or compensation to you, and without seeking your permission. By providing Comments to us as described in this paragraph, you are deemed to have assigned to Voqal and its related entities all worldwide rights, title and interests in your Comments, including all copyrights and other intellectual property rights in your Comments. This means, for example, that we can use your Comments and any ideas, concepts, know-how or techniques contained in your Comments to modify or improve the Website, to make changes to our products or services, or in any other way we want without restriction, and we do not have to compensate you or provide you with attribution. For this reason, you must not provide us with any Comments that you do not wish us to use.
Agent to Receive Notice of Claimed Intellectual Property Infringement
Violation of copyrights. Voqal respects the intellectual property rights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be addressed as follows:
Attn: Copyright Agent
P.O. Box 6060
Boulder, CO 80306
Links to Third-Party Websites
Modification and Termination of Website
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently: (i) the Website (or any portion thereof); and (ii) any Content. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or termination.
Disclaimer of Warranties
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE, AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH OUR WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH IN OUR SEPARATELY ENTERED CUSTOMER AGREEMENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, EBS, our RELATED ENTITIES, OUR SUPPLIERS , AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY THE “EBS PARTIES”), EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITE, YOUR USE OF OUR WEBSITE OR ANY WEBSITE TO WHICH IT IS LINKED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EBS PARTIES DO NOT REPRESENT OR WARRANT THAT (A) OUR WEBSITE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THE CONTENT IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (D) YOUR CONTENT, COMMUNICATIONS, SETTINGS OR OTHER DATA WILL NOT BE DELETED, LOST, MISDELIVERED, OR CORRUPTED; OR (E) NO VIRUSES OR OTHER HARMFUL CODE WILL BE TRANSMITTED TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE VOQAL PARTIES HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ANY VOQAL PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, THE LIABILITY OF THE VOQAL PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO VOQAL FOR USE OF ANY SERVICE AVAILABLE ON THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless each of the Voqal Parties from any and all third party claims, losses, liability, damages, losses, costs and expenses (including reasonable attorneys’ fees and costs) arising from your use of our Website other than as expressly permitted herein, or your breach of these Terms.
These Terms contain the entire agreement between you and us with respect to our Website and supersede all previous communications and agreements, whether oral, written, or electronic between you and us with respect thereto. These Terms are governed by the laws of the State of Colorado without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be held exclusively in state or federal court in Denver, Colorado. You hereby irrevocably consent to the personal jurisdiction of said courts for all such purposes. Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of these Terms or any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect. Any cause of action related to use of our Website must be filed within one (1) year after such cause of action arose or be forever barred.
Questions About These Terms
If you have any questions regarding these Terms, please contact us by e-mail at email@example.com or by mail to Voqal, P.O. Box 6060, Boulder, CO 80306, or by telephone at 303-532-2850.