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CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS
SITE.
Your use of this website constitutes your acceptance to
be bound by to the provisions in this Terms of Use Agreement (the “Agreement”) without limitation, qualification or change.
Meteorcomm may update or modify this Agreement from time to time without prior individual
notice by posting a revised Agreement on the website, so please check this page
again for changes from time to time. Your continued use of the website will constitute
your acceptance of any such changes.
Permitted Use
This website is made available to provide you with information about Meteorcomm
and its products and services and method for contacting Meteorcomm for additional
information. Any other use of the website shall exceed the “authorized access”
you have to the website as that term is defined under 18 U.S.C. § 1030.
Copyright
The website and all images, audio, video and related informational materials in
any medium available on the website are the property of Meteorcomm and are protected
by US and international copyright laws, trade dress, trademark, moral rights, and
other intellectual property rights. Except as specifically agreed by Meteorcomm,
no portion or element of the website may be copied or retransmitted via any means
and all related rights shall remain the exclusive property of Meteorcomm.
External Links
Our website may link to other third-party websites. This linking does not constitute
our endorsement or approval of the content of those websites or of the policies,
products, services, or opinions expressed therein. These links are provided as a
convenience and for informational purposes only. Meteorcomm bears no responsibility
for the accuracy, legality or content of an external site or for that of subsequent
links. Contact the external site for answers to questions regarding its content.
Without the express written permission of Meteorcomm,
you are prohibited from framing the Meteorcomm
website or linking to any page other than Meteorcomm’s
homepage.
Privacy Policy
Please refer to our Privacy Policy which is hereby
incorporated by reference.
Posting Comments and Feedback
Our website contains forms for your use in requesting product support and information
about our products and services as well as employment opportunities at Meteorcomm.
These forms require you to provide us with certain contact information and permit
you to attach and submit files that are 5mb or less in size. By submitting
any of these forms you authorize Meteorcomm to use the information you provide to
contact you by email, phone, or other method and for any other purpose outlined
in our Privacy Policy.
You also represent that the information you submit or material you append to a form
(“Content”) is true and accurate and shall not: (a) infringe the intellectual
property, proprietary, privacy or publicity rights of any third party; (b) violate
any law or regulation; (c) contain any defamatory, indecent, obscene, abusive, vulgar,
hateful, harassing material or any child pornographic or other any material harmful
to minors; (d) contain any viruses, trojan horses, disabling code, worms, time bombs,
“clear GIFs” cancelbots, or other computer programming or routines that are intended
to, or which in fact, damage, detrimentally interfere with, monitor, intercept,
or expropriate any data, information, packets, or personally-identifiable information,
or (e) constitute spam, flooding, advertisements, chain letters, pyramid schemes,
or solicitations. You acknowledge and agree that Meteorcomm may take any action
it deems appropriate as to any Content communicated by you, if we believe that the
Content or your activities on the website may expose Meteorcomm to liability, or
damage our relationship with any of our customers, suppliers, licensors, ISPs or
other users of our website. As to all Content, you hereby grant to Meteorcomm
an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license,
fully sublicensable through multiple tiers, right to exercise all intellectual property
rights, in and to all or any part of the Content, in any medium now known or hereafter
developed, subject to restrictions and limitations imposed elsewhere on the website,
and by applicable federal law.
You agree to indemnify and hold harmless Meteorcomm, its owners, affiliates, shareholders,
directors, officers, employees, subsidiaries, joint ventures, agents, and third-party
providers for claims or damages caused by your User Content, including reasonable
attorneys’ fees and costs.
Unauthorized Submissions
Meteorcomm does not solicit or accept ideas or proposals from users regarding new
products or services via the website and you are not authorized to make any such
submissions. If you do submit an idea or proposal, you understand that it
is likely that, given Meteorcomm’s experience, it is likely that Meteorcomm is independently
exploring, may have explored or may in the future explore programs and ideas generated
that resemble or include your idea. In any case, by making a submission, you
hereby forever unconditionally and irrevocably waive, disclaim, release and indemnify
Meteorcomm and each and all of its affiliates, directors, officers, shareholders,
representatives and agents from any and all claims and causes of action that you
may have at any time that Meteorcomm misappropriated all or any part of your idea
or proposal. You also agree: (a) your submission does not create any confidential
or fiduciary relationship between you and Meteorcomm; (b) Meteorcomm may discuss
and disclose your idea/proposal and any materials you submit to others; (c) Meteorcomm
is not obligated to return to you any materials that you submit or to protect any
of those materials from damage or destruction; (d) Meteorcomm is not obligated to
pay any amount to you or otherwise compensate you or any other person in any way;
(e) furnish you with any information of any kind or respond to your submission in
any way; and (f) in the event you have any proprietary interest in any idea or materials
you submit, you grant Meteorcomm a license with respect thereto to the same extent
and on the same terms as the Content you submit.
Disclaimer of Warranties
The information on this website is provided "as is" and without warranties
of any kind either express or implied. To the fullest extent permissible pursuant
to applicable law, Meteorcomm disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability, noninfringement and fitness
for a particular purpose. Meteorcomm does not warrant that the information will
be error-free. Your use of the information is at your sole risk.
We do not warrant that any content will be error-free, that
access will be uninterrupted, that defects will be corrected, or that our website
or the server that makes such content available is free of viruses or other harmful
components. In such event, you assume the entire cost of all necessary servicing,
repair or correction.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Meteorcomm
be liable for any direct, indirect, special or consequential damages that result
from the use of, or the inability to use, the materials on this website, even if
Meteorcomm or a Meteorcomm authorized representative has been advised of the possibility
of such damages. In no event shall Meteorcomm have any liability to you for damages,
losses and causes of action (whether in contract, tort (including, but not limited
to, negligence), or otherwise) for accessing this site.
Jurisdiction and Venue
You agree that any action at law or in equity (other than one in which preliminary
or interim injunctive relief is sought) arising out of or relating to this Agreement
shall be settled by arbitration to be held in King County, Washington, administered
by the American Arbitration Association (the “AAA”) in accordance with its Commercial
Arbitration Rules, except as provided herein, and judgment on the award rendered
by the arbitrator may be entered in any court having jurisdiction over the matter.
Nevertheless, nothing in this Agreement shall in any way limit your or our statutory
rights and/or remedies, all of which are reserved and may be alleged in the arbitration
process. Each party shall bear its own costs and expenses of arbitration.
All forum fees and expenses, including the arbitrators’ fees, shall be shared equally
by the parties, and shall not be assessed against either party as part of an award.
In the event, and solely in such event, that arbitration of a dispute hereunder
is prohibited by law, you agree that the action shall be filed, and that venue properly
lies, only in courts located in King County, Washington,
or the federal Washington District Court, and you hereby consent and
submit to the personal jurisdiction of such courts.
You hereby acknowledge, understand, and agree that, whether a dispute is resolved
by arbitration or by a court, you waive the right to have the dispute heard or decided
by a jury.
You agree that any cause of action you may have arising
out of or related to these terms of use must commence within one (1) year after
the cause of action accrues; otherwise, such cause of action shall be permanently
barred.
General Provisions
These terms of use shall be governed by and construed in
accordance with the laws of the State of Washington and the laws of the United States,
without giving effect to any principles of conflicts of law. If any provision of
these terms of use shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these terms of use and shall not affect
the validity and enforceability of any remaining provisions. No waiver of any provision
of these terms of use by us shall be deemed a further or continuing waiver of such
provision or any other provision, and our failure to assert any right or provision
under these terms of use shall not constitute a waiver of such right or provision.
In these terms of use, the word "including" is used illustratively, as
if followed by the words "but not limited to." All trademarks
appearing on this website are the property of their respective owners. Nothing contained
on this website should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark displayed on the website without the written
permission of the party that may own the applicable trademark.
These terms of use were last updated on or about June 2, 2010.
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