1. Definitions.

“Wirelessguys.com” is the interactive on-line service operated by WirelessGuys, Inc. on the World Wide Web of the Internet, consisting of information services and content provided by WirelessGuys, Inc., affiliates of WirelessGuys, Inc. and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of Wirelessguys.com.

2. General.

3. Changed Terms.

WirelessGuys, Inc. shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of Wirelessguys.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Wirelessguys.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Wirelessguys.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Wirelessguys.com and all charges related thereto.

5. Subscriber Conduct.

6. Disclaimer of Warranty; Limitation of Liability.

7. Monitoring.

WirelessGuys, Inc. shall have the right, but not the obligation, to monitor the content of Wirelessguys.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by WirelessGuys, Inc. and to satisfy any law, regulation or authorized government request. WirelessGuys, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Wirelessguys.com. Without limiting the foregoing, WirelessGuys, Inc. shall have the right to remove any material that WirelessGuys, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless WirelessGuys, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Wirelessguys.com by Subscriber or Subscriber’s Account.

9. Termination.

Either WirelessGuys, Inc. or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, WirelessGuys, Inc. shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which WirelessGuys, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.

WirelessGuys, Inc., Wirelessguys.com and each of their logos are trademarks of Open Computing Platform. All rights reserved. All other trademarks appearing on Wirelessguys.com are the property of their respective owners.

11. Third Party Content.

WirelessGuys, Inc. is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, WirelessGuys, Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Wirelessguys.com, are those of the respective author(s) or distributor(s) and not of WirelessGuys, Inc. Neither WirelessGuys, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through Wirelessguys.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with WirelessGuys, Inc. WirelessGuys, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Wirelessguys.com by anyone other than authorized WirelessGuys, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will WirelessGuys, Inc. be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through Wirelessguys.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Wirelessguys.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Miscellaneous.

This Agreement and any operating rules for Wirelessguys.com established by WirelessGuys, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Copyrights and Copyright Agent.

WirelessGuys, Inc. respects the rights of all copyright holders and in this regard, WirelessGuys, Inc. has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WirelessGuys, Inc.’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ยค 512:

 

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Web Master

207 W. Los Angeles Ave. #300

Moorpark CA 93021

Phone: 805-530-3536

Fax: 805-530-3766

Email: webmaster

 

For web posting, reprint, transcript or licensing requests for WirelessGuys, Inc. material, please contact webmaster.

For any questions or requests other than copyright issues or licensing requests, please contact webmaster.