Edge Wireless® Web Site Terms of Use
Last Revised: May 15, 2006
Edge Wireless, LLC ("Edge Wireless") provides you access to the Edge Wireless site containing information and data available via your
computer and/or a wireless device (the "Site"), subject to your compliance with the terms and conditions set forth below, including all documents,
policies and guidelines incorporated herein (the "Agreement"). Please read this Agreement carefully. By accessing, browsing or using the Site,
you agree to be bound by the terms and conditions described herein and all documents, policies and guidelines incorporated by reference.
This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with Edge Wireless.
EDGE WIRELESS RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT OR ANY POLICY OR GUIDELINE REFERENCED HEREIN AT
ANY TIME AND IN ITS SOLE DISCRETION.
If the Agreement is changed, we will post the new terms on the Site and change the date accordingly.
Any changes or modifications will be effective upon posting of the new Agreement on the Site as revised.
You agree to review the Agreement periodically to be aware of such modifications and your access to and use of the Site following the posting of such changes or modifications
will constitute your acceptance of the Agreement as revised. If you do not wish to be bound by these terms and conditions, you may not access or use the Site.
Related Policies.
Privacy Policy. Edge Wireless believes that you should know what information we collect from you, as well as how that information is used,
disclosed and protected. To learn more about our information collection and use practices and policies, please refer to the Privacy Policy section of this Site.
Acceptable Use Policy.
Please note that when using the Edge Wireless Site or any Edge Wireless product or service, your activities must comply with certain policies.
Please refer to our Acceptable Use Policy section of this Site for more information.
Copyrights, Trademarks and Authorized Access.
The entire contents of the Site are copyrighted under the United States copyright laws.
The owner of the copyright is Edge Wireless, LLC. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use.
Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Edge Wireless
or any third party information provider to the Site. You agree not to change or delete any proprietary notices from materials downloaded from the Site.
"Edge Wireless®", "NationalEdgeSM", "WesternEdgeSM", "LocalEdgeSM", "mephoneSM", "MobileMediaSM" and "CarryoverSM"
are registered and unregistered service marks of Edge Wireless in the United States and other countries and may not be copied, imitated or used, in whole or in part, without the prior
written permission of Edge Wireless, or if applicable, its licensor. Edge Wireless trademarks, service marks and trade dress may not be used in any manner that is likely to cause
confusion among customers or in any manner that disparages or discredits Edge Wireless. © 2007 AT&T Knowledge Ventures. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Knowledge Ventures. All other trademarks, service marks, registered trademarks, product and service names,
and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Edge Wireless.
You may not use any metatags or any other "hidden text" utilizing an Edge Wireless name, trademark or product name without the express written consent of Edge Wireless.
Your Account and Passwords.
If you use any part of the Site that requires a user name or password, then you are responsible for maintaining the confidentiality of that user name and password and for restricting
access to your computer and/or wireless device, and you agree to accept responsibility for all activities that occur under your account or password, including without limitation any charges
incurred on your credit card.. In the event the confidentiality of your account or password is compromised in any manner, you should notify Edge Wireless immediately. Edge Wireless reserves the
right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your
password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Edge Wireless may rely on the authority of anyone accessing your account or
using your password and in no event and under no circumstances shall Edge Wireless be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction
of Edge Wireless under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.
Any unauthorized use of the Site will terminate the permission granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress) and communications regulations and statutes.
All violators will be prosecuted to the full extent of the law.
Third Party Products and Services.
You understand that, except for information, products or services clearly identified as being supplied by Edge Wireless, Edge Wireless does not operate, control or endorse any information, products or services on the Internet in any way.
Except for Edge Wireless-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Edge Wireless.
Edge Wireless is not responsible for examining or evaluating, and Edge Wireless does not warrant the offerings of, any of these businesses or the content of their Web sites.
Edge Wireless does not assume any responsibility or liability for the actions, product and content of all these and any other third parties.
When leaving the Edge Wireless Site, you should be aware that the Edge Wireless' terms and policies no longer govern, and therefore, you should review the applicable terms and policies,
including privacy and data gathering practices, of that Web site.
Product and Service Descriptions and Pricing.
Edge Wireless and third parties offering information, products or services on or through the Site attempt to be as accurate as possible. However, Edge Wireless does not warrant that information, product and service descriptions or other content of the Site is accurate, complete, reliable, current or error-free.
Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on or through the Site may be mispriced, contains an inaccuracy in its description or is out of date. In the event that Edge Wireless determines that a product or service is mispriced, contains an
inaccurate description or is out of date, Edge Wireless reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error.
You agree to notify Edge Wireless immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you access on or through the Site and comply with any corrective action taken by Edge Wireless.
Linking.
Links to the Site. You are granted a limited, non-exclusive right to create a hypertext link to the homepage of the Site, provided such link does not portray Edge Wireless or any of its products and services in a false, misleading,
derogatory or otherwise defamatory manner. You may not use an Edge Wireless logo or other proprietary graphic or trademark of Edge Wireless to link to the Site without the express written permission of Edge Wireless.
This limited right may be revoked at any time.
Third-Party Links. Edge Wireless makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from the Site or
third party Web sites linking to the Site. Such linked Web sites are not under the control of Edge Wireless and Edge Wireless is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review,
changes or updates to such Web sites. Edge Wireless is providing these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Edge Wireless of the Web site or any information contained therein.
When leaving the Edge Wireless Site, you should be aware that Edge Wireless' terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices of that Web site.
Submissions.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Edge Wireless, or
postings to or on the Site are non-confidential (provided that personal information provided on non-public areas of the Site is subject to Edge Wireless' Privacy Policy) and you grant Edge Wireless a nonexclusive, royalty-free, perpetual, irrevocable
and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with our without acknowledgment to you in Edge Wireless'
sole discretion and without compensation to you.
Disclaimers.
"AS IS" AND "AS AVAILABLE" BASIS. THE SITE AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK AND RESPONSIBILITY.
WARRANTY DISCLAIMER. EDGE WIRELESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE.
EDGE WIRELESS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE EDGE WIRELESS ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, EDGE WIRELESS CANNOT AND DOES NOT REPRESENT AND WARRANT THAT THE SITE OR ITS SERVERS WILL BE ERROR-FREE, UNINTERRUPED,
FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.
YOUR RESPONSIBILITY AND RISK. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. The Internet contains unedited materials, some of which are
sexually explicit or may be offensive to you. You access such materials at your own risk. Edge Wireless has no control over and accepts no responsibility whatsoever for such materials.
Enforcement.
Edge Wireless reserves the right, but does not assume the obligation, to strictly enforce this Agreement, by, without limitation, issuing warnings, suspending or terminating service, and/or removing, screening or editing of posted message, data, information, text or other material ("Content"),
self help and active investigation, litigation and prosecution in any court or appropriate venue. Edge Wireless may access, use, and disclose transaction information and Content in good faith compliance with a legal process (e.g., a lawful subpoena); to enforce or apply our customer agreements;
to initiate, render, bill, and collect for services; to protect our rights or property, to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services or if we believe that an emergency involving immediate danger or death or
serious physical injury to any person requires disclosure of communications or records without delay. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A EDGE WIRELESS CUSTOMER, SHALL BE CONSIDERED VIOLATIONS
OF THIS AGREEMENT BY SUCH CUSTOMER.
Limitation of Liability.
IN NO EVENT WILL EDGE WIRELESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE)
OR OTHERWISE, ARISING OUT OF OR IN ANYWAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN
THE SITE AND/OR MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF EDGE WIRELESS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EDGE WIRELESS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF THE EDGE WIRELESS SITE,
EXCEED $5.00 OR THE COMPENSATION YOU PAID EDGE WIRELESS, WHICHEVER IS LESS.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and you may have additional rights to those contained herein.
In such states, Edge Wireless' liability is limited to the greatest extent permitted by law.
Indemnification.
You agree to indemnify, defend and hold harmless Edge Wireless, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement by you, or your violation of any rights of a third party.
Termination.
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Site after this Agreement has been terminated. The provisions of paragraphs entitled Copyrights,
Trademarks and Authorized Access, Third Party Products and Services, Submissions, Disclaimers, Limitation of Liability, Indemnification, Termination, Severability, Enforceability and Admissibility and Miscellaneous shall survive any termination of this Agreement.
Severability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Enforceability and Admissibility.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual and other legal requirements for a writing;
(b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business.
Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are
similarly established and maintained.
Miscellaneous.
This Agreement shall be governed and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be performed in Oregon. You agree that any legal action or proceeding between Edge Wireless and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Multnomah County in the State of Oregon. Any cause of action or claim you may have with respect to the Site must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Edge Wireless' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
Edge Wireless may assign its rights and duties under this Agreement to any party at any time without notice to you.
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