Agreement between User and NextWave Wireless
Welcome to the NextWave's web site. NextWave's web site is operated by NextWave Wireless.
In addition, when using the NextWave web site or services, you and NextWave shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement by any access or use of NextWave web sites and services. If you do not agree to these TOU, do not access and use the NextWave web sites and services.
Permitted Use. Subject to these TOU, NextWave hereby grants you the right to access and use the NextWave web site solely for the following purposes: (i) if you are accessing the NextWave web site as an individual, then any and all use of the NextWave web site is for your commercial/business related use only; or (ii) if you are accessing the NextWave web site on behalf of a business entity, then any and all use of the NextWave web site must be for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with NextWave. NextWave retains all rights with respect to the NextWave web site except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the NextWave web site unless specifically authorized in writing by NextWave to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the NextWave web site and not to extract data from the NextWave web site for use in other applications. Such framing and extraction is strictly prohibited under this Agreement. The content and software on the NextWave web site is the property of NextWave and/or its affiliates, subsidiaries, suppliers and partners and are protected by U.S. and international copyright and other intellectual property laws. NextWave, NextWave Wireless and all logos, slogans, product names, and service names are trademarks of NextWave or its subsidiaries and affiliates ("NextWave Trademarks"). The names of third party companies and products listed on the NextWave web sites ("Third Party Trademarks") may be the trademarks of such third party companies and may constitute the proprietary property of such third parties. You are not granted any rights to use any of the NextWave Trademarks or Third Party Trademarks unless otherwise specifically granted by either NextWave or the applicable third party.
Links to Third Party web sites. The NextWave web site may contain links or produce search results that reference links to third party web sites ("Linked web sites"). NextWave has no control over these Linked web sites or the content within them. NextWave cannot and does not guarantee, represent, or warrant that the content contained in the Linked web sites, including, without limitation other links, is accurate, legal, and/or inoffensive. NextWave does not endorse the content of any Linked web site, nor do we warrant that a Linked web site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the NextWave web site to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against NextWave for any damages or losses whatsoever resulting from such use.
No Unlawful or Prohibited Use. As a condition of your use of the NextWave web sites, you warrant to NextWave that you will not use the NextWave web sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the NextWave web site in any manner which could damage, disable, overburden, or impair the NextWave web sites or interfere with any other party's use and enjoyment of the NextWave web sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NextWave web site.
NextWave 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 NextWave's sole discretion.
Ownership of Submitted Content. You agree that any and all information and content that you provide to the NextWave web site becomes the exclusive property of NextWave, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to NextWave upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.
Warranty Disclaimer. NextWave does not promise that the NextWave web site will be error-free, uninterrupted, nor that the NextWave web site will provide specific results from your use of any content, search or link on them. The NextWave web site and all content contained within it is delivered on an "AS IS" and "AS AVAILABLE" basis. NextWave does not warrant or represent that files you download from the NextWave web site will be free of viruses or other harmful features. NextWave DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NextWave does not promise that the NextWave web site will be free of security breaches or unauthorized access, but rather that NextWave will take reasonable steps consistent with industry practices to secure the NextWave web site and information collected.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL NextWave, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE NextWave WEB SITE. IN NO EVENT SHALL NextWave'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF NextWave'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE NextWave WEB SITS EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO NextWave FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).
Additional Representations and Warranties. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the NextWave web sites in accordance with these TOU.
Indemnity. You agree to indemnify and hold NextWave and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Designated Agent for Alleged Copyright Infringement. NextWave respects the intellectual property of others, and we ask you to do the same. If you believe any content on the NextWave web site has been copied in such a way to constitute copyright infringement, you may notify us by providing our copyright Designated Agent with the following information:
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
your name, address, telephone number, and email address.
a 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.
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 are authorized to act on the copyright owner's behalf.
Our Designated Agent for notice of claims of copyright infringement on this site can be reached as follows:
10350 Science Center Drive
San Diego, CA 92121-1138
(P) 858.731.5300 | (F) 858.731.5301
General. This Agreement shall be governed in all respects by applicable federal law and the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Foreign laws do not apply. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego, USA, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, NextWave may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. NextWave's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.