AGREEMENT BETWEEN USER AND RHO Wireless
The RHO Wireless Web Site is comprised of various Web pages operated by RHO Wireless.
The RHO Wireless Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the RHO Wireless Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
RHO Wireless reserves the right to change the terms, conditions, and notices under
which the RHO Wireless Web Site is offered, including but not limited to the charges
associated with the use of the RHO Wireless Web Site.
LINKS TO THIRD PARTY SITES
The RHO Wireless Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of RHO Wireless and RHO Wireless is not
responsible for the contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to a Linked Site. RHO
Wireless is not responsible for webcasting or any other form of transmission received
from any Linked Site. RHO Wireless is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by RHO Wireless of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RHO Wireless Web Site, you warrant to RHO Wireless
that you will not use the RHO Wireless Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the RHO Wireless
Web Site in any manner which could damage, disable, overburden, or impair the RHO
Wireless Web Site or interfere with any other party's use and enjoyment of the
RHO Wireless Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through
the RHO Wireless Web Sites.
USE OF COMMUNICATION SERVICES
The RHO Wireless Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
RHO Wireless has no obligation to monitor the Communication Services. However, RHO
Wireless reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. RHO Wireless reserves the right
to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
RHO Wireless reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in RHO Wireless's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. RHO Wireless does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, RHO Wireless specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized RHO Wireless spokespersons,
and their views do not necessarily reflect those of RHO Wireless.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO RHO Wireless OR POSTED AT ANY RHO Wireless
WEB SITE
RHO Wireless does not claim ownership of the materials you provide to RHO Wireless
(including feedback and suggestions) or post, upload, input or submit to any RHO
Wireless Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting RHO Wireless, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. RHO Wireless is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in RHO Wireless's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE RHO WIRELESS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RHO
WIRELESS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE RHO
WIRELESS WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE RHO Wireless WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
RHO
WIRELESS AND/OR ITS SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE RHO
WIRELESS WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. RHO
WIRELESS
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RHO
WIRELESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RHO
WIRELESS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE RHO
WIRELESS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE RHO
WIRELESS
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RHO
WIRELESS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF RHO
WIRELESS
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RHO
WIRELESS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE RHO
WIRELESS
WEB SITE.
SERVICE CONTACT: webmaster@rhowireless.com
TERMINATION/ACCESS RESTRICTION
RHO Wireless reserves the right, in its sole discretion, to terminate your access
to the RHO Wireless Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Texas, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in Collin County, Texas, U.S.A. in
all disputes arising out of or relating to the use of the RHO Wireless Web Site.
Use of the RHO Wireless Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and RHO Wireless as a result of this agreement or
use of the RHO Wireless Web Site. RHO Wireless's performance of this agreement
is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of RHO Wireless's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the RHO Wireless
Web Site or information provided to or gathered by RHO Wireless with respect to
such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and RHO Wireless with respect to the RHO Wireless Web
Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and RHO Wireless with respect
to the RHO Wireless Web Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the RHO Wireless Web Site are: Copyright 2009 by RHO Wireless and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims
of Copyright Infringement
.