Terms of Service
This Web Site (the "Site") is provided by NextGen Wireless Solutions Inc. subject to the following Terms of Service (the "Agreement"), which may be updated by us from time to time in our sole discretion. NextGen Wireless Solutions Inc. reserves the right to alter this Agreement without advance notice by posting a revised Agreement.
This Agreement applies to Site located at www.azcellular.com. In addition, when using particular service(s) provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such service(s). All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE NEXTGEN WIRELESS SOLUTIONS TERMS OF SERVICE THEN IN EFFECT.
The Site may not be available at all times or in all areas. NextGen Wireless Solutions may permit you to register for services, and/or deny service to you, at any time and in its sole discretion, including without limitation in the event you do not adhere to the Rules of Conduct set forth below. NextGen Wireless Solutions reserves the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that NextGen Wireless Solutions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after ANY such changes will indicate your acceptance of such changes.
Any questions about the meaning or application of this Agreement should be directed here.
Description of the Content and Services
NextGen Wireless Solutions provides users of the site with access to certain content concerning NextGen Wireless Solutions and its products and services, including descriptions, contact information, links, and other specialized content (collectively, the "Content"), as well as opportunities to contact NextGen Wireless Solutions or third parties, and other features and services (all of the foregoing, collectively with the Content, the "Services").
Information Submitted Through or in Connection with the Site
Rules of Conduct
While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, NextGen Wireless Solutions expects users of the Site to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct.
You will not:
- Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right.
- Use the Site for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities.
- Transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so.
- Interfere with or violate any other Site visitor's or users right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Impersonate any person or entity, including, but not limited to, any NextGen Wireless Solutions agent or representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, "spyware," or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
- Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available; or disobey any requirements, procedures, policies, or regulations of such servers or networks.
- Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
- Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
- Sell, license, or exploit for any commercial purposes any use of or access to the Content, Services or Site.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Services, or Site.
- Remove any copyright, trademark, or other proprietary rights notice contained in the Content, Services, or Site.
- Frame or mirror any part of the Site without NextGen Wireless Solutions's prior express written authorization.
- Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Site.
- Create a database by systematically downloading and storing all or any of the Content from the Site.
NextGen Wireless Solutions Proprietary Rights
You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content and the Services, are and shall remain the property of NextGen Wireless Solutions and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of this Agreement. Except as expressly authorized in advance by NextGen Wireless Solutions, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Services, that are made available on or through the Site.
You may request, and NextGen Wireless Solutions may provide, from time to time, certain Content which is confidential information of NextGen Wireless Solutions, and which NextGen Wireless Solutions intends to protect as confidential, including without limitation copies of materials presented at NextGen Wireless Solutions seminars, tradeshows or meetings. Such Content is marked "confidential" or with a similar legend. In addition to the restrictions on the use of any Content set forth above, you agree to hold all confidential Content in strict confidence, not to disclose it to any third party, and to use at least reasonable care to protect its confidentiality and prevent its unauthorized use or disclosure.
All trademarks and service marks on the Site not owned by NextGen Wireless Solutions are the property of their respective owners. The trade names, trademarks and service marks owned by NextGen Wireless Solutions, whether registered or unregistered, may not be used in connection with any product or service that is not NextGen Wireless Solutions's, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of NextGen Wireless Solutions's trade names, trademarks, or service marks without the prior express written permission of NextGen Wireless Solutions.
Limitation of Liability and Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEXTGEN WIRELESS SOLUTIONS INC. DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEXTGEN WIRELESS SOLUTIONS INC. WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF NEXTGEN WIRELESS SOLUTIONS INC. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, NEXTGEN WIRELESS SOLUTIONS INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
WITHOUT LIMITING THE FOREGOING, NEXTGEN WIRELESS SOLUTIONS INC. MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF ANY SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (F) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.
While we try to maintain the Site's integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us here with a description of the material(s) at issue, and the location ("URL") where such material(s) appear.
End User Software Agreement/Use of Software
Any software, software updates, and/or firmware that is available on this Site ("Software") is the copyrighted work of NEXTGEN WIRELESS SOLUTIONS INC. and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software.
By downloading software from this Site, you acknowledge that you have read and accepted the terms of the accompanying software license.
WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, NEXTGEN WIRELESS SOLUTIONS INC., ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT NEXTGEN WIRELESS SOLUTIONS INC., NEXTGEN WIRELESS SOLUTIONS INC.’S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Representations and Warranties; Indemnity
You represent and warrant that you will comply with all applicable laws in connection with your use of the Site and Services. You agree to defend, indemnify, and hold harmless NextGen Wireless Solutions Inc., AZ Cellular and its sponsors, directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site or Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
You agree that NextGen Wireless Solutions, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including, without limitation, if NextGen Wireless Solutions believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site and/or the Services under any provision of this Agreement may be effected without prior notice. Upon termination of this Agreement, your right to use the Site will immediately cease. NextGen Wireless Solutions shall not be liable to you or any third party for any termination of your access to the Site or any part thereof.
The Site is controlled and operated by NextGen Wireless Solutions Inc. from its principal office in the State of Arizona, U.S.A., and is not intended to subject NextGen Wireless Solutions Inc. to the laws or jurisdiction of any state, country or territory other than the State of Arizona and the United States of America. NextGen Wireless Solutions Inc. does not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Services to (or to a national or resident of): (a) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. This Agreement is governed by and construed in accordance with the laws of the State of Arizona, United States of America, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the State of Arizona, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under this Agreement without NEXTGEN WIRELESS SOLUTIONS INC.'s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and NEXTGEN WIRELESS SOLUTIONS INC. relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and NEXTGEN WIRELESS SOLUTIONS INC. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Information or Complaints
If you have a question or complaint regarding the Site, please contact us here.
Last updated on: 10 December 2010