Effective Date: August 2010
Acceptance of Terms
These Terms are a legally binding agreement between you and EBSA regarding your use of the Website. By using our Website, you agree to be bound by these Terms, or, if you have provided us with your email address (through registration or the Contact Us function on our Website), we will send you an email to notify you of any substantial revisions to these Terms. You acknowledge that you have read and understand these Terms and agree to be bound 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 modify these Terms, in whole or in part, at any time. Such modifications will be effective immediately when posted on this Website. You will be notified that these Terms have been modified by the new “Effective Date” listed at the top of these Terms. You agree to be bound by any such modifications if you use or access this Website after we have posted such revised terms. You should regularly review these Terms to be sure that you are aware of, and are in compliance with, the most recent version.
These Terms may be supplemented or amended by the terms of our Customer Agreement (which you must enter in order to sign up for the Mobile Beacon wireless broadband service (the “Service”), or by a “click-through” agreement between you and us. For example, if you sign up for certain promotions or services on our Website, you may be asked to agree to special terms and conditions applicable only to that promotion or service. If special terms and conditions apply, you will be asked to expressly consent to them, for example, by checking a box or clicking a button marked “I agree.” The terms and conditions of our Customer Agreement or any “click-through agreement” will supplement and amend these Terms, but only with respect to the subject matter of the “click-through agreement.
Ownership, Copyright and Trademark Information
EBSA 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. EBSA 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 EBSA, Clearwire, or other third parties. You may not use any Trademarks displayed on our Website without the prior express written permission of EBSA or the trademark owner.
License and Restrictions
Registration and Account Information
If you sign up for the Service (by entering into our Customer Agreement), you will need to complete your registration on the Clearwire Website in order to activate your Service account. By completing your online registration for the Service, you are representing that the information you have provided on the registration form (“Account Information”) is true, accurate, current and complete. You are also agreeing to maintain and promptly update your Account Information to keep it true, accurate, current and complete. You may update your Account Information by sending an email to email@example.com.
You are responsible for maintaining the confidentiality of your user name and password. You will be solely responsible for the activities of anyone accessing our Website or the Service using a user name and password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided in the “Contact Us” section of our Website, and notify us at firstname.lastname@example.org.
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, in a manner that would violate the Clearwire Acceptable Use Policy or our Customer Agreement, or in a manner that would potentially harm any individual or entity, including without limitation EBSA and Clearwire.
Disclaimer Regarding Accuracy of Content
Much of the Content on the Website has been provided by or is based on information provided to EBSA by third parties. EBSA 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 EBSA 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 EBS, and EBSA may use such Comments in any manner EBSA 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 EBSA 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
If you have reason to believe any part of the Content infringes the copyright or other intellectual property rights of others, or that any link on our Website links to infringing materials, please notify us immediately using the contact information provided below. It is our policy to investigate any allegations of intellectual property infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to our Website or the Service by any user who is alleged to have posted or transmitted infringing materials or a link to infringing materials, and to immediately remove or disable the allegedly infringing materials or link.
Notice of Claim of Intellectual Property Infringement. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify us immediately if you believe that (a) any Content displayed on our Website or accessible through our Website infringes your copyright or other intellectual property rights (b) any link posted on our Website links to materials that infringe your copyright or other intellectual property rights. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include (i) a description of the work you believe has been infringed (or if you believe multiple works have been infringed, a representative list); (ii) a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the Website; (iii) enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; (iv) a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner, an agent for the owner, or by law; (v) a statement that all of the information you have provided is accurate; and (vi) a statement, made under penalty of perjury, that you are the owner of the applicable intellectual property right(s) or are authorized to act on behalf of the owner. Your notice must be signed (physically or electronically) and must be addressed to:
P.O. Box 9491
Providence, RI 02940-9491
Or e-mail to: email@example.com
Links to Third-Party Websites
Modification and Termination
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently: (i) the Website (or any portion thereof); (ii) any Content; and (iii) any licenses granted herein, at any time with or without notice, for any reason or for no reason whatsoever, in our sole discretion. We further reserve the right to suspend or discontinue access of any registered user’s account and password pursuant to the terms of our Customer Agreement. 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 CUSTOMER AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, EBS, our RELATED ENTITIES, OUR SUPPLIERS (INCLUDING WITHOUT LIMITATION CLEARWIRE), AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY THE “EBSA 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 EBSA 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 EBSA 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 EBSA 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 EBSA PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO EBSA 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 EBSA 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 as supplemented or amended by our Customer Agreement or any applicable “click-through agreements,” 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 firstname.lastname@example.org, by mail to Mobile Beacon, P.O. Box 9491, Providence, RI 02940-9491, or by telephone at 401.934.0500.