CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
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.
Intellectual Property Notice
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®.
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.
Third Party Content is subject to separate copyright and other intellectual property notices stated in the Third Party Terms below.
Third Party Terms
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. Subject to any specific Third Party Terms provided together or in conjunction with Third Party Content, the following provisions shall apply:
1. Third Party Content. You acknowledge that the Third Party Content displayed or available through the Site contains information and other material that is protected by copyright, trademark or other proprietary rights of third party content providers. You agree to comply with any additional copyright notices, information, or restrictions contained in any Third Party Content. You may not publish, transmit, transfer or sell, reproduce, distribute, perform, display, or in any way exploit any of the Third Party Content, in whole or in part. You may not sublicense any Third Party Content to any third party or use the Third Party Content in any other media or in any location other than at the Site. You may not alter the Third Party Content in any way or create any derivative works from the Third Party Content.
2. Termination of Access to Third Party Content. METEORCOMM®’s licensors and suppliers reserve the right, at their discretion, to restrict, suspend or terminate your access to all or any part of Third Party Content at any time for any reason without prior notice or liability. METEORCOMM®’s licensors and suppliers may change, suspend or discontinue all or any aspect of Third Party Content, including the availability, without prior notice or liability.
3. Provisions Not Exclusive. The provisions set out under the heading Third Party Terms are not exclusive. They are supplemented by and must be read together with applicable provisions under the heading Disclaimers, Limitation, Exclusions below.
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.
Posting Comments and Feedback
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.
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. Disclaimer of Warranties. NEITHER METEORCOMM® NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. METEORCOMM® AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO (1) THE SITE, ANY THIRD PARTY SITE (COLLECTIVELY, “THE SITES”) AND (2) ANY CONTENT INCLUDING WITHOUT LIMITATION, THIRD PARTY CONTENT, METEORCOMM® DOCUMENTS AND OTHER CONTENT (COLLECTIVELY, “ALL CONTENT”). THE AVAILABILITY OF ALL CONTENT DEPENDS ON MANY FACTORS, INCLUDING METEORCOMM®’s CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. METEORCOMM® AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR ACCURACY OF ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU.
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.