Canary Wireless

 

Terms

Terms and Conditions

PLEASE REVIEW THE TERMS AND CONDITIONS BELOW. THE TERMS AND CONDITIONS ON WHICH YOU ARE ENTITLED TO ACCESS AND USE THIS WEBSITE (http://www.canarywireless.com) (THE "WEBSITE"), AS WELL AS TERMS AND CONDITIONS GOVERNING YOUR PURCHASE OF THE PRODUCTS OF CANARY WIRELESS INC ("CANARY WIRELESS"), ARE SET FORTH BELOW. YOUR ACCESS TO AND USE OF THIS WEBSITE INDICATES THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM.

IMPORTANT: YOU ACKNOWLEDGE AND ACCEPT THAT THESE TERMS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE TO YOU, WHICH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR CONTINUED USE OF THE WEBSITE AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES TO THESE TERMS AND CONDITIONS. IT IS YOUR RESPONSIBILITY TO VISIT THIS PAGE PERIODICALLY TO VIEW THE THEN-CURRENT TERMS AND CONDITIONS BY WHICH YOU WILL BE BOUND.

PRODUCT PURCHASE TERMS

These terms and conditions apply to purchases of Canary Wireless products unless (i) you have signed a separate purchase agreement with Canary Wireless, in which case the separate agreement shall govern; or (ii) other standard Canary Wireless terms apply to the transactions. This agreement applies only to Products that are sold or provided in the United States to consumers and are not intended for resale.

PRICE AND PAYMENT TERMS

Your total price for Canary Wireless products will be stated on a confirmation of your order displayed on your screen and/ or sent by way of e-mail to the address you indicate during the registration process. Terms of payment are within Canary Wireless' sole discretion, and unless otherwise agreed to by Canary Wireless, payment must be received prior to the acceptance of an order by Canary Wireless. Payment for the products must be made by credit card (Visa, MasterCard or American Express) debit card (issued by Visa or MasterCard) or some other prearranged payment method. Orders are not binding upon Canary Wireless until accepted by Canary Wireless. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.

SHIPPING AND TITLE

Title to any purchased products passes to you upon delivery to the carrier selected during the registration process and risk of loss passes to you upon delivery to the address youprovide. The costs of shipping and handling will be shown on the order confirmation screen and on the receipt e-mailed to you. Canary Wireless may inform you of estimated shipment dates, but will not be responsible for delays in delivery.

INSPECTION OF PRODUCTS UPON RECEIPT

You must examine any purchased products when you receive them. If any item is damaged or missing, you must notify Canary Wireless. Canary Wireless will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.

PRODUCT WARRANTIES

All product warranty terms are set forth in the Limited Warranty and Product Returns page.

WEBSITE TERMS

PRODUCT DETAILS

Information that Canary Wireless publishes on this Website may contain references or cross-references to products, programs and/or services of Canary Wireless that are not announced or available in your country. Such references do not imply that Canary Wireless intends to announce or make available such products, programs or services in your country. Please contact Canary Wireless at info@canarywireless.com for information regarding the products, programs and services that may be available to you.

INFORMATION ACCURACY AND AVAILABILITY OF THIS WEBSITE

All information and materials contained on this Website have been prepared for the purpose of providing information about Canary Wireless and the products that Canary Wireless sells. All content, services, information and materials published on this Website are provided in good faith as a convenience to you and may be used for your informational purposes only and at all times in accordance with these Terms and Conditions.

Canary Wireless does not undertake to update or correct the content, services, information and/or materials contained on this Website on a regular basis, but Canary Wireless reserves the right to make improvements and/or changes to (including the removal of) the products and/or programs described in such content and to delete and/or move any such content at any time without notice to you. The information on this Website does not constitute any form of advice and/or recommendation with respect to the content hereof or any other matter.

While Canary Wireless tries to maintain the Website as generally available 24 hours per day, Canary Wireless will not be liable if, for any reason, this Website or any portion thereof is, at any time, unavailable for any period of time. Canary Wireless may suspend access to this Website temporarily or permanently without notice to you. Canary Wireless does not warrant or guarantee the availability, performance, accessibility, or speed of the Website or any of the content, services, information or materials offered therein.

PROHIBITED USER CONDUCT, UNAUTHORIZED ACCESS, AND ROBOT EXCLUSION

You agree that you will NOT:

(1) Impersonate any person or entity, including, but not limited to, representing or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (2) Interfere with or disrupt the Website or any systems, servers, or networks connected to the Website, or otherwise violate any regulations, policies, or procedures relating to such systems or networks, or take any action that imposes an unreasonable or disproportionately large load on Canary Wireless' Website infrastructure; (3) Infiltrate, "hack" or otherwise seek to gain unauthorized access to, or compromise the security or integrity of, the Website or any portion thereof, or any systems, servers, or networks connected to the Website; (4) Use any automated or manual procedure, including any robot, spider, other automatic device, or manual process to gather information, monitor or copy any of the web pages or content contained on or within the Website without Canary Wireless' express prior written consent; (5) Breach or attempt to breach the security of software, network servers, data, computers or other hardware relating to the Website or that of any third party that is hosting or interfacing with any part of the Website; or (6) Copy, reproduce (in whole or in part), modify, lease, loan, sell, distribute, decompile, disassemble or transmit, create derivative works, publicly display or use for any commercial purpose whatsoever (except as expressly provided in the ACCESS AND USE OF INFORMATION SECTION below) all or any portion of any content, services, information and/or materials contained on this Website without Canary Wireless' express prior written consent. Any access to this Website for any purpose or in any manner other than as permitted by these Terms and Conditions is strictly prohibited and may give rise to a claim for damages and/or result in criminal proceedings being taken against you.

ACCESS AND USE OF INFORMATION

Your access to this Website is strictly limited to viewing, using, downloading and storing the information contained on this Website solely for your personal use as an actual or potential customer of Canary Wireless' products. If you breach any of the terms or conditions of this Terms and Conditions, your right to use and/or access the Website as described herein shall terminate immediately.By accessing this Website, you acknowledge and accept that it is your responsibility to take precautions to ensure that whatever content, services, information and/or materials that you select for your use, whether contained on and/or linked to or from this Website, are free of such items as viruses, worms, trojan horses and other items of a destructive nature.

INTELLECTUAL PROPERTY RIGHTS NOTICE

The content, services, information and materials contained in this Website are subject to copyright and/or other intellectual property rights (including, but not limited to, rights in trademarks, trade secrets and patents) owned by or licensed to Canary Wireless. "Canary", "Canary Wireless" and "Hotspotter" are trademarks of Canary Wireless. All rights in respect of such content, services, information, and materials are reserved to Canary Wireless or to Canary Wireless' third party licensors, and nothing on the Website or in this Terms and Conditions grants, by implication or otherwise, a license or other right for you to use any trademark, service mark, or other copyrightable material or intellectual property without the prior written consent of Canary Wireless or the owner.

You may download to a local hard disk and/or print individual sections of this Website solely for your personal use or your internal business use solely in furtherance of your business with Canary Wireless, in accordance with the "Access and Use of Information" section above, provided that you preserve all copyright, other proprietary notices or other intellectual property notices contained in the original material on all downloads and/or copies made. Any file downloads are made at your own risk.

The products, technologies, and processes described in this Website may be the subject of other intellectual property rights reserved by Canary Wireless or by other third parties, and you shall obtain no rights in respect of such products, technologies, or processes by virtue of your use of the Website.

HYPERTEXT LINKS

This Website may be linked to or from other websites which are not maintained by, and are independent of, Canary Wireless. Links from this Website exist for convenience and informational purposes only. Canary Wireless is not responsible for and has no control over the content of such websites and makes no warranties or representations whatsoever (express or implied) about any other website which is linked to or from this Website. The inclusion of any link to or from such websites does not imply endorsement, sponsorship, or recommendation by Canary Wireless of those websites, their providers, products and/or services. Hypertext links or other signposting materials to this Website contained in any other website or document are not permitted without Canary Wireless' prior written consent.

SUBMISSIONS TO CANARY WIRELESS

Canary Wireless does not want to receive confidential or proprietary information from you through this Website. By sending Canary Wireless any material, remarks, suggestions, ideas, graphics or any other information ("Submissions") through this Website (including, without limitation, postings made to the Canary Wireless Forums, and by using any means of contacting Canary Wireless displayed on this Website), you grant Canary Wireless an unrestricted, non-exclusive, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, adapt, publish, translate, modify, create derivative works of, transmit and distribute the Submissions, and you also agree that Canary Wireless is free to use any ideas, concepts, know-how or techniques that you send to Canary Wireless for any purpose. Use of any information you submit will be governed by Canary Wireless' Privacy Policy.

COPYRIGHT AGENT

Canary Wireless has registered a designated agent with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512(c)) and if you believe that your copyrighted material is being used on the Site without required permission, please notify our designated agent at:

Canary Wireless
Remington Rd, 2nd Floor
Schaumburg, IL 60173
Attn: S. Deutscher
847-387-5525 Fax
sdeutscher@canarywireless.com

TERRITORY STATEMENT

The information and materials provided on this Website are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to any applicable law, rule or regulation of any governmental authority or regulatory or self-regulatory organization.

By accessing this Website, you agree that you are responsible for complying with all statutes, rules, regulations and policies of all applicable worldwide jurisdictions, and the instrumentalities and political subdivisions thereof. You must be satisfied that you may lawfully access and use this Website, read the pages and/or act upon the information and materials contained within the pages. Canary Wireless makes no representation that materials on the Website are appropriate or legal for use in all jurisdictions, nor does Canary Wireless accept any responsibility for unauthorized access to the Website or for your actions in respect of any of these matters. For the avoidance of doubt, you acknowledge that this Website is designed and made available for use in the United States only.

DISCLAIMER OF WARRANTIES REGARDING WEBSITE

THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER CANARY WIRELESS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, PROVIDERS, LICENSORS, OR OTHER SUPPLIERS WARRANTS THAT THE WEBSITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. IN ADDITION, CANARY WIRELESS DISCLAIMS ANY WARRANTIES THAT THIS WEBSITE AND ANY INFORMATION AND/OR MATERIALS CONTAINED ON AND/OR LINKED TO OR FROM THIS WEBSITE ARE FREE FROM SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CANARY WIRELESS DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND INTERFERENCE WITH ENJOYMENT OF THE WEBSITE.

LIMITATION OF LIABILITY

CANARY WIRELESS SHALL NOT BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTRICTION OR OTHERWISE IN RESPECT OF ANY CLAIMS OR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES, ANTICIPATED SAVINGS, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES) OF ANY NATURE AND WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE US OF OR RELIANCE UPON THE INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE THROUGH THIS WEBSITE OR OTHERWISE HOWSOEVER ARISING, WHETHER OR NOT CANARY WIRELESS HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CONNECTION WITH CONSUMER TRANSACTIONS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

By using the Website, you agree to defend, indemnify and hold Canary Wireless, and its affiliates, subsidiaries, and agents, and their respective employees, contractors, directors, officers and shareholders harmless from any and all claims, demands, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Website or any materials or information provided by or through the Website, or any violation of these Terms and Conditions by you, your employees, agents, contractors, invitees or any third party within your control or to whom access to the computer system from which this Website has been accessed has been directly or indirectly provided. Canary Wireless reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Canary Wireless in asserting any available defenses.

GENERAL TERMS AND CONDITIONS

LAW AND JURISDICTION

The laws of the State of Illinois excluding its conflicts-of-law rules, shall govern these Terms and Conditions, any purchase of Canary Wireless products and your use of the Website. You agree that any claim or dispute related in any way to these Terms and Conditions, purchase of Canary Wireless products or your use of the Website shall be commenced and heard in the courts of located in Cook County, Illinois. You must bring any claim that you may have arising out of or relating to these Terms and Conditions or any purchase of Canary Wireless products within one (1) year of the date on which the claim arose or such claim shall be waived and forever barred.

GENERAL

If any provision of the Terms and Conditions is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of these Terms and Conditions, and any part of such provision not held invalid or unenforceable shall remain in effect. Canary Wireless' failure to act with respect to a breach of these Terms and Conditions by you does not constitute a waiver of its right to act with respect to subsequent or similar breaches. You acknowledge (a) that you have read and understood these Terms and Conditions; and (b) that these Terms and Conditions have the same force and effect as a signed agreement.