Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE
SITE.
INTENDED AUDIENCE/USE:
RADIO COMMUNICATIONS OF CHARLESTON INC provides this Web site
to you, subject to these Terms of Use. The Terms of Use may
be updated by RADIO COMMUNICATIONS OF CHARLESTON INC from time
to time without notice to you. This Web site and other sites
that are linked to this site or affiliated with this site (collectively "the
Site") and all the information, communications, software, scripting,
photos, text, video, graphics, music, sounds, images and other
materials and services found on the Site (collectively "Content"),
is intended for the lawful use of RADIO COMMUNICATIONS OF CHARLESTON
INC's customers, employees and members of the general public
who are over the age of 13, and citizens of the United States
or Canada. RADIO COMMUNICATIONS OF CHARLESTON INC makes no
representation that these materials are appropriate or available
for use in other locations. Those who access the Site from
other locations do so at their own risk and are responsible
for compliance with applicable local laws. You acknowledge
that RADIO COMMUNICATIONS OF CHARLESTON INC reserves the right
in its sole discretion to refuse or terminate access to the
Site by you at any time.
ACCEPTANCE OF TERMS:
You acknowledge you have read, and agree to be bound by these
Terms of Use and to comply with all applicable laws and regulations,
including without limitation U.S. export and re-export control
laws and regulations regarding the transmission of technical
data exported from the United States or the country in which
you reside. You further agree to comply with all local laws,
regulations and rules regarding online conduct and acceptable
Content. You represent you have the legal authority to accept
these Terms of Use on behalf of yourself or any party you represent.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
RESTRICTIONS ON USE OF CONTENT:
© Copyright 1994-2003 Motorola, Inc and RADIO COMMUNICATIONS
OF CHARLESTON INC. All Rights Reserved. THE UNAUTHORIZED COPYING,
DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A
VIOLATION OF THE LAW. You acknowledge having been advised by
Motorola that the Content is protected in the U.S. and internationally
by a variety of laws, including but not limited to, copyright
laws and treaty provisions, trademark laws, patent laws, and
other proprietary rights laws (collectively "Rights"). In addition
to Motorola's and RADIO COMMUNICATIONS OF CHARLESTON INC's
Rights in individual elements of the Content, Motorola or its
licensors own a copyright in the selection, coordination and
arrangement of the Content. You are hereby granted permission
to access the Content from the Site in whole or in part, solely
for your personal, non-commercial use of viewing and browsing
through the Site or ordering products or services from the
Site. This permission terminates automatically if you breach
any of the Web Site Terms of Use. If pursuant to an authorization
from Motorola and RADIO COMMUNICATIONS OF CHARLESTON INC, you
download software from the Site, the software, including all
code, files, images, contained in or generated by the software,
and accompanying data, are deemed to be licensed to you by
Motorola and RADIO COMMUNICATIONS OF CHARLESTON INC. Neither
title nor intellectual property rights are transferred to you,
but remain with Motorola and RADIO COMMUNICATIONS OF CHARLESTON
INC, who owns full and complete title. You may not resell,
decompile, reverse engineer, disassemble, or otherwise convert
the Software to a perceivable form. Motorola and RADIO COMMUNICATIONS
OF CHARLESTON INC does not grant you any permission to use
the Content other than the permission expressly stated in these
Terms of Use. All other use of Content from the Site, including,
but not limited to uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of, copying,
reproduction, republishing, creation of derivative works from,
distribution, performance, display, incorporation into another
web site, reproducing the Site (whether by linking, framing
or any other method), or in any other way exploiting any of
the Content, in whole or in part, or downloading and using
software repeatedly for uses other than those expressly permitted
may not be made without Motorola's prior express written consent.
TRADEMARKS AND SERVICE MARKS:
There are a number of proprietary logos, service marks, trademarks,
slogans and product designations found on this Site. By making
them available on this Site, Motorola and RADIO COMMUNICATIONS
OF CHARLESTON INC is not granting you a license to use them
in any fashion. Access to this Site does not confer upon you
any license under any of Motorola's and RADIO COMMUNICATIONS
OF CHARLESTON INC's or any third party's intellectual property
rights.
MOTOROLA, and the Stylized M Logo are registered in the US
Patent & Trademark Office. All other product or service
names are the property of their respective owners. Marks owned
by third parties include the following:
Acrobat® and Acrobat Reader® are registered trademarks
of Adobe Systems Incorporated.
Advantage Camouflage® is a trademark of Advantage Camouflage,
Inc.
The BluetoothTM trademarks are owned by their proprietor and
used by Motorola, Inc. under license.
Dolby Digital, Dolby Surround®, Pro Logic® and the
double-D symbol are registered trademarks of Dolby Laboratories;
Dolby Digital is manufactured under license from Dolby Laboratories.
DTS®, DTS Digital Sound® and DTS Digital Surround® are
trademarks of Digital Theater Systems, Inc.
FoundScanTM logo and Foundstone® name are trademarks of
Foundstone, Inc. FoundScan Patent Pending.
Fonix® is a registered trademark of Fonix Corporation.
JavaTM and all other Java-based marks are trademarks or registered
trademarks of Sun Microsystems, Inc. in the U.S. and other
countries.
FOR USE IN EUROPE ONLY: LOONEY TUNES, characters, names, and
all related indicia are trademarks of Warner Bros. © 2003.
Macintosh®, Quicktime® and Quicktime logo are registered
trademarks of Apple Computer, Inc.
Microsoft®, Windows® and Windows Me® are registered
trademarks of Microsoft Corporation; and Windows XPTM is a
trademark of Microsoft Corporation.
NFL and the NFL shield design are registered trademarks of
the National Football League. ® 2003 NFL Enterprises, L.P.
The team names, logos and uniform designs are registered trademarks
of the teams indicated.
Netscape® is a registered trademark of Netscape Communication
Corporation.
Nuance® is a registered trademark of Nuance Communications.
PICMG®, CompactPCI® and the PICMG and CompactPCI logos
are registered trademarks of the PCI Industrial Computer Manufacturers
Group.
The PowerPC® and PowerPC Logo® are trademarks of IBM
Corp. and used under license.
SlingpackTM is a trademark of GoNeo, LLC.
Sidekick®, Starfish® and the Stylized Starfish Logo
are registered trademarks of Starfish Software, Inc., a wholly
owned independent subsidiary of Motorola, Inc.
UNIX® is a registered trademark of The Open Group in the
United States and other countries.
The W@P CertifiedTM, W@PTM and WAP ForumTM marks are worldwide
trademarks or registered trademarks of Wireless Application
Protocol Forum Ltd.
Wi-Fi CERTIFIED® and Wi-Fi ZONETM are Certification Marks
of the Wireless Fidelity Alliance, Inc.
No Motorola trademark or service mark may be used as a hyperlink
without Motorola's prior written permission.
SUBMISSION OF INFORMATION:
Although Motorola and RADIO COMMUNICATIONS OF CHARLESTON INC
provide certain encryption in an effort to protect the electronic
transmission of credit card numbers or social security numbers
("Financial Information") that you submit to Motorola through
the Site, Motorola and RADIO COMMUNICATIONS OF CHARLESTON INC
do not guarantee the security of any information transmitted
to or from the Site. You understand and agree to assume the
security risk for any information you provide using the Site.
Other than the Financial Information, do not send any confidential
or proprietary information to Motorola through the Site. Except
for the Financial Information or personally identifiable information
relative to you, any information you do send to Motorola or
RADIO COMMUNICATIONS OF CHARLESTON INC through the Site will
be deemed NOT to be confidential ("Non-Confidential Information").
For any Non-Confidential Information you do send, you hereby
grant Motorola an unrestricted, royalty-free, irrevocable license
to use, reproduce, display, perform, modify, transmit and distribute
the Non-Confidential Information, and agree that Motorola is
free to use any ideas, concepts, know-how or techniques that
you send Motorola for any purpose whatsoever without compensation
to you or any other person sending the Non-Confidential Information.
Your personally identifiable information you submit to us shall
be treated in accordance with our Privacy Policy.
You are prohibited from posting or transmitting to or from
the Site any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material,
or any other material that could give rise to any civil or
criminal liability under the law.
MOTOROLA PRIVACY POLICY:
Motorola's collection and use of personally identifiable information
about you is subject to our Privacy Policy. For more information,
see our full privacy policy for this site by clicking the link
at the bottom of the page. This site is intended for use by
persons over the age of 13. Motorola does not seek to collect
information about children under the age of 13. No information
should be submitted to or posted on this Web site by users
under 13 years of age. Motorola encourages parents to take
an active role in their children's use of the Internet, and
to inform them of the potential dangers of providing information
about themselves over the Internet.
PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES:
If you choose to participate in a promotion or other Motorola-sponsored
activity ("Website Activity"), you agree to comply with any
rules or regulations governing such Website Activity. Additionally,
as a condition of your continued participation in the Website
Activity, you agree not to: 1) upload, post, email, transmit
or otherwise make available any content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable; 2) harm
minors in any way; 3) impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation with a person
or entity; 4) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Website Activity; 5) upload, post, email, transmit
or otherwise make available any content that you do not have
a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
6) upload, post, email, transmit or otherwise make available
any content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; 7) upload,
post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail", "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
8) upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; 9) interfere with or disrupt the service or servers
or networks connected to the service, or disobey any requirements,
procedures, policies or regulations of networks connected to
the service; 10) "stalk" or otherwise harass another person
or entity; or 11) collect or store personal data about other
users. You agree that violation of any of the foregoing will
result in your immediate disqualification from participant
in the Website Activity, and may result in additional legal
actions being taken by Motorola.
LINKS TO THIRD PARTY WEB SITES:
This Site may provide links to other third-party World Wide
Web sites or resources. Motorola makes no representations whatsoever
about any other Web site which you may access through this
Site. Because Motorola has no control over such sites and resources,
you acknowledge and agree that Motorola is not responsible
for the availability of such external sites or resources and
is not responsible or liable for any Content, advertising,
products, services or other materials on or available from
such sites or resources. It is up to you to take precautions
to ensure that whatever you select for your use is free of
such items as viruses, worms, trojan horses and other items
of a destructive nature. References on this Site to any names,
marks, products or services of any third parties or hypertext
links to third party sites or information are provided solely
as a convenience to you, and do not constitute or imply an
endorsement, sponsorship or recommendation of, or affiliation
with the third party or its products and services. Motorola
makes no representation or warranty as to any third party Content,
products or services, and you agree that Motorola shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection
with use of or reliance on any such third-party Content, products
or services available on or through any such site or resource.
NOTICES:
Notices to you may be made via either email or regular mail.
Motorola may also provide notices of changes to the Terms of
Use or other matters by displaying notices or links to notices
to you generally on the Site.
DISCLAIMER OF WARRANTY:
MOTOROLA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY,
OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE
RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES
LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE
SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MOTOROLA
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION
OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTOROLA SHALL
BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE
ANY WARRANTY.
LIMITATION OF LIABILITY:
MOTOROLA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS
SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES
CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE,
AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES EVEN IF MOTOROLA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. NOTWITHSTANDING THE FOREGOING, MOTOROLA'S TOTAL LIABILITY
TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING
BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE,
ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS,
SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
REVISIONS:
Motorola may modify, suspend, withdraw or discontinue, temporarily
or permanently, the Content, in whole or in part, at any time
without notice. You agree that Motorola shall not be liable
to you or to any third party for any modification, suspension,
withdrawal or discontinuance of the Content. Motorola may at
any time revise these Web Site Terms of Use by updating this
posting. By using the Site, you agree to be bound by any such
revisions and you agree to periodically visit this page to
determine the then current Web Site Terms of Use to which you
are bound.
TERMINATION:
You agree that Motorola, in its sole discretion, may terminate
or restrict your use or access to this Site (or any part thereof)
for any reason, including, without limitation, that Motorola
believes you have violated or acted inconsistently with the
letter or spirit of these Terms of Service, or the terms, conditions,
or rules of a sweepstakes, contest, or other promotion contained
within the Site.
GENERAL INFORMATION:
The Terms of Use constitute the entire agreement between you
and Motorola and govern your use of the Site, superceding any
prior agreements between you and Motorola relating to your
use of this site. You may also be subject to additional terms
and conditions that may apply when you use purchase products
or services, participate in a sweepstakes, contest or other
promotion, participate in a Motorola-sponsored Developer Program
or service, or use or download software. If any provision of
these Web Site Terms of Use is held to be invalid by any law,
rule, order or regulation of any government or by the final
determination of any state or federal court, such invalidity
shall not affect the enforceability of any other provision
of the Terms of Use. The failure of Motorola to exercise or
enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. By accessing
the Site you agree that the statutes and laws of the united
states and the state of Illinois, USA without regard to conflicts
of laws principles, will apply to all matters relating to use
of the site, and you agree that any litigation shall be subject
to the exclusive jurisdiction of the state or federal courts
in Illinois, USA. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising
out of or related to use of the Site, or the Terms of Use must
be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms
of Service are for convenience only and have no legal or contractual
effect.
VIOLATIONS:
Please report any violations of these Terms of Use to Motorola
at http://www.motorola.com/feedback.
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