FracTEL Website Terms and Conditions
Date of Last Revision: April 22, 2015
1. Limited License
2. Additional Agreements
Because the Site serves a number of functions, including registration for and access to Fractel, LLC Services, your use of the Site also may be governed by other agreements; the terms and conditions of those agreements are in addition to the terms set forth herein. In the event that the Site terms contradict terms set forth in a specific Fractel, LLC Service agreement, the Service agreement shall control.
All content and copyrightable materials on this Site, including, without limitation, the Fractel, LLC and Fractel, LLC affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Materials”) are Copyright © Fractel, LLC and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Fractel, LLC or affiliated copyright owner. Fractel, LLC and its affiliates grant you permission to display, copy, distribute, and download the Materials on this Site for personal, non-commercial, and informational use only, provided that you may not, without the permission of Fractel, LLC or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
4. Trademarks and Service Marks
All marks and logos featured in this Web site – including, but not limited to, Fractel, LLC are either trademarks, service marks, or registered trademarks of Fractel, LLC or its affiliates. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fractel, LLC or its affiliates. All page headers, Fractel, LLC and Fractel, LLC.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of Fractel, LLC or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fractel, LLC or its affiliates. Fractel, LLC and Fractel, LLC affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Fractel, LLC or its affiliates. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fractel, LLC.
5. Framing and Linking
You may not frame, enclose, or otherwise use any Fractel, LLC or Fractel, LLC affiliate trademark, logo, design, image, page layout, or other proprietary information displayed on this Site without the prior written permission of Fractel, LLC or its affiliates. See the Copyright and Trademarks and Service Marks sections above for further information. Subject to the restrictions in this Agreement, including without limitation those in the Limited License section above, Fractel, LLC grants to you a limited, nonexclusive right to create a hypertext link (“link”) to the home page of this Site so long as your link does not portray Fractel, LLC or any of its Services in a false, misleading, or otherwise defamatory manner. You may not use a Fractel, LLC design, logo, or other proprietary graphic, trademark, or registered trademark to link to this Site without the express written permission of Fractel, LLC. Fractel, LLC reserves the right, at all times in its sole discretion, to terminate your rights to create a link to the Site homepage.
6. Third-Party Links
7. International Use
Fractel, LLC makes no representation that materials on its Site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside.
9. Digital Millennium Copyright Act
One or more Fractel, LLC Services may allow third parties to upload, transmit, send, or receive copyrighted materials. Fractel, LLC is under no obligation to, and does not review such materials for purposes of determining copyright infringement. However, Fractel, LLC reserves the right to terminate access to its Services if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Services if Fractel, LLC determines that a user is a repeat infringer.
Pursuant to Title 17, Section 512 of the U.S. Code, all claims of copyright infringement for any material believed to reside on Fractel, LLC’s Services should be provided in writing to Fractel, LLC’s designated agent:
c/o Corridor Legal
907 E Strawbridge Ave. Ste. 103
Melbourne, FL 32901
Any notice of claimed infringement must include all, or substantially all, of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fractel, LLC to locate the material.
- Information reasonably sufficient to permit Fractel, LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Governing Law, Venue, and Dispute Resolution
The laws of the state of Florida, U.S.A., excluding its conflicts-of-law rules, govern this Agreement and your use of the Fractel, LLC Services. You agree that any disputes between you and Fractel, LLC shall be adjudicated in the state and federal courts of the State of Florida, U.S.A. Venue for all claims and disputes between you and Fractel, LLC shall be the county of Brevard, State of Florida. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction. Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. Some jurisdictions may place limits on governing law, venue, and/or dispute resolution provisions, so certain of the foregoing requirements in this section may not apply to you.
If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.
12. Disclaimers and Limitation of Liability
ACCESS TO THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND FRACTEL, LLC DOES NOT GUARANTEE THAT THE SITE WILL BE ACCURATE, COMPLETE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. FRACTEL, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY OTHER COUNTRY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRACTEL, LLC, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Fractel, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT SHALL Fractel, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. FRACTEL, LLC’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES Fractel, LLC CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
13. Third-Party Rights
The provisions of the Disclaimers and Limitation of Liability section above are for the benefit of Fractel, LLC and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
15. Waiver, Modification, and Assignment
Any failure by Fractel, LLC to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between Fractel, LLC and a user of this Site, nor trade practice shall act to modify any provision of this Agreement. Fractel, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.