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Terms
of Use.
Copyrights
This web site ("Site") and the materials within it are © 2002 Wireless
Computer Networking ("WCN"). Viewing this Site creates a copy of WCN
materials in your computer's random access memory and/or in your hard drive
and/or in your proxy server.
Use License
WCN grants you permission to view this Site and to print individual pages
from this Site for your own personal, noncommercial use, provided that you
agree to and accept without modification the notices, terms and conditions
set forth in this agreement. You may not modify, copy (except as set forth
in the preceding sentence), distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer or sell
any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and
acceptance without modification of the notices, terms and conditions set
forth herein. In addition, as a condition of your use of this Site, you
represent and warrant to WCN that you will not use this Site for any purpose
that is unlawful, immoral or prohibited by these terms, conditions and
notices. If you do not agree and accept without modification the notices,
terms and conditions set forth herein, do not use this Site. Other than this
agreement and agreements between you and WCN relating to the sale of
products or services to you through this Site, WCN will not enter into any
agreement with you or obligation to you through this Site and no attempt to
create such an agreement or obligation will be effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and
displayed on this Site are registered and unregistered Trademarks of WCN
and others. Nothing on this Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any
Trademark displayed on the Site, without the prior written permission of the
Trademark owner. WCN aggressively enforces its intellectual property rights
to the fullest extent of the law. The name of WCN, Wireless Computer
Networking, or the other WCN formatives may not be used in any way,
including in advertising or publicity pertaining to distribution of
materials on this Site, without prior, written permission from WCN. Fair
use of WCN Trademarks requires proper acknowledgment. Other product and
company names mentioned in this Site may be the Trademarks of their
respective owners.
Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other
than WCN. Such links are provided for your reference only. WCN does not
control outside Sites and is not responsible for their content. WCN's
inclusion of links to an outside Site does not imply any endorsement of the
material on the Site or, unless expressly disclosed otherwise, any
sponsorship, affiliation or association with its owner, operator or sponsor,
nor does WCN's inclusion of the links imply that WCN is authorized to use
any trade name, trademark, logo, legal or official seal or copyrighted
symbol that may be reflected in the linked Site.
WCN Information
WCN also may make employment information available through this Site. WCN
is an equal opportunity employer. WCN provides equal employment opportunity
to qualified persons without regard to race, color, religion, sex, national
origin, age, veteran status or disability. WCN's policy relates to all
phases of employment including recruitment, placement, promotion, training,
demotion, transfer, layoff, recall and termination, rates of pay, employee
benefits and participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE
PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND
CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE
OPINIONS OF WCN OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT
GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT
ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU
PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY
INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE
ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING
THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE
MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
NO WARRANTIES; EXCLUSION OF LIABILITY
WCN MAKEs NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS
SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE HOME DEPOT AND HOMER TLC
SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WCN SHALL HAVE ANY
LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF
THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR
ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN
CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO
EVENT SHALL WCN, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS
SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN
CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Contacting Us
Although WCN will in most circumstances be able to
receive your e-mail or other information provided through this Site
(including, without limitation, service requests and other submissions),
WCN does not guarantee that it will receive all such e-mail or other
information timely and accurately and shall not be legally obligated to
read, act on or respond to any such e-mail or other information. Be aware
that Internet e-mail typically is not secure.
General
This Site resides on a server in Houston, Texas, USA. You agree that this
agreement and your use of this Site are governed by the laws of the State of
Texas, USA. You hereby consent to the exclusive jurisdiction and venue of
the courts, tribunals, agencies and other dispute resolution organizations
in Houston, Texas, USA in all disputes (a) arising out of, relating to, or
concerning this Site and/or this agreement, (b) in which this Site and/or
this agreement is an issue or a material fact, or (c) in which this Site
and/or this agreement is referenced in a paper filed in a court, tribunal,
agency or other dispute resolution organization. Use of this Site is
unauthorized in any jurisdiction that does not give full effect to all
provisions of this agreement, including without limitation this paragraph
and the warranty disclaimers and liability exclusions above. WCN has
endeavored to comply with all legal requirements known to it in creating and
maintaining this Site, but makes no representation that materials on this
Site are appropriate or available for use in any particular jurisdiction.
Use of this Site is unauthorized in any jurisdiction where all or any
portion of this Site may violate any legal requirements and you agree not to
access this Site in any such jurisdiction. You are responsible for
compliance with applicable laws. Any use in contravention of this provision
or any provision of this agreement is at your own risk and, if any part of
this agreement is invalid or unenforceable under applicable law, the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall govern such use.
Any claim, dispute or controversy arising out of,
relating to or concerning this Site and/or this agreement shall be decided
by binding arbitration in accordance with the Rules of the American
Arbitration Association and any such arbitration proceedings shall be
brought and held in Houston, Texas, USA. The decisions of the arbitrators
shall be binding and conclusive upon all parties involved and judgment upon
any award of the arbitrators may be entered by any court having competent
jurisdiction. This provision shall be specifically enforceable in any court
of competent jurisdiction.
You agree that WCN may at any time and without notice
change the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership,
employment or agency relationship exists between you and WCN as a result of
this agreement or your use of this Site.
WCN's performance of this agreement is subject to
existing laws and legal process and nothing contained in this agreement is
in derogation of WCN's right to comply with law enforcement requests or
requirements relating to your use of this Site or information provided to or
gathered by WCN with respect to such use.
This agreement constitutes the entire agreement
between you and WCN with respect to this Site. This agreement supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and WCN with respect to this Site.
No modification of this agreement shall be effective unless it is authored
by WCN or its affiliates, or unless it is physically signed in blue ink by
a WCN officer. Any alleged waiver of any breach of this agreement shall not
be deemed to be a waiver of any future breach. A printed version of this
agreement and/or of any notice given by WCN in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating
to this agreement or your use of this Site to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained by WCN in printed form.
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