Last Revised: August 30, 2009
Cellular One, LLC and its affiliates ("Cellular One") provide you access to the Cellular One site containing information and data available via your computer and/or a wireless device (the "Site"), subject to your compliance with the terms and conditions set forth below, including all documents, policies and guidelines incorporated herein (the "Agreement"). Please read this Agreement carefully. By accessing, browsing or using the Site, you agree to be bound by the terms and conditions described herein and all documents, policies and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with Cellular One. Cellular One reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Site and change the date accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Site as revised. You agree to review the Agreement periodically to be aware of such modifications and your access to and use of the Site following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised. If you do not wish to be bound by these terms and conditions, you may not access or use the Site.
Related Policy
Privacy Policy: Cellular One believes that you should know what information we collect from you, as well as how that information is used, disclosed and protected. To learn more about our information collection and use practices and policies, please refer to the Privacy Policy section of this Site.
1. Copyrights and Trademarks.
The entire contents of the Site are copyrighted under the United States copyright laws. The owner of the copyright is Cellular One, LLC. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Cellular One and/or any third party information provider to the Site. You agree not to change or delete any proprietary notices from materials downloaded from the Site. "Cellular One” is a registered and unregistered service mark of Cellular One in the United States and other countries. Service marks of Cellular One may not be used in connection with any product or service without the express permission of Cellular One.
2. Use of the Site.
If you use any part of the Site that requires a user name or password, then you must establish a user name using accurate information, and must provide accurate information when obtaining services with that user name. You are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer and/or wireless device, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password is compromised in any manner, you should notify Cellular One immediately. Cellular One reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, Cellular One may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Cellular One be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Cellular One under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Site will terminate the permission granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress) and communications regulations and statutes. All violators will be prosecuted to the full extent of the law.
You agree not to engage in any action that interferes with the operation of the Site in any way, or that adversely affects other users. Cellular One reserves the right to limit or prevent your access to the Site if Cellular One determines, in its sole discretion, that this provision has been violated.
3. Third Party Products and Services.
You understand that, except for information, products or services clearly identified as being supplied by Cellular One, Cellular One does not operate, control or endorse any information, products or services on the Internet in any way. Except for Cellular One-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Cellular One. Cellular One does not warrant the offerings of, any of these businesses or the content of their Web sites. Cellular One does not assume any responsibility or liability for the actions, products, and content of any third party. When leaving the Cellular One Site, you should be aware that Cellular One terms and policies no longer govern, and therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.
4. Product and Service Descriptions and Pricing.
Cellular One and third parties offering information, products or services on or through the Site attempt to be as accurate as possible. However, Cellular One does not warrant that information, product and service descriptions or other content of the Site is accurate, complete, reliable, current or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on or through the Site is mis-priced, contains an inaccuracy in its description or is out of date. In the event that Cellular One determines that a product or service is mis-priced, contains an inaccurate description or is out of date, Cellular One reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error. You agree to notify Cellular One immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you access on or through the Site and comply with any corrective action taken by Cellular One.
5. Submissions.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Cellular One, or postings to or on the Site are non-confidential (except to the extent that personal information provided on non-public areas of the Site is subject to the Cellular One Privacy Policy), any may be used by Cellular One for any purpose without compensation to you of any kind. Cellular One reserves the right to remove any unacceptable or unauthorized material transmitted through the Site.
6. Disclaimers.
"AS IS" AND "AS AVAILABLE" BASIS. THE SITE AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK AND RESPONSIBILITY.
WARRANTY DISCLAIMER. CELLULAR ONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. CELLULAR ONE DOES NOT WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE FROM INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOUR RESPONSIBILITY AND RISK. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. Cellular One does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Site and any software made available on the Site are provided on an "as is, as available" basis.
7. Limitation of Liability.
IN NO EVENT WILL CELLULAR ONE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE) WHETHER IN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANYWAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE, EVEN IF CELLULAR ONE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, liability OF CELLULAR ONE is limited to the greatest extent permitted by law.
8. Indemnification.
You agree to indemnify, defend and hold harmless Cellular One, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.
9. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement. The provisions of paragraphs 1 (Copyrights and Trademarks), 2 (Use of the Site), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 10 (Enforceability and Admissibility) and 11 (Miscellaneous) shall survive any termination of this Agreement.
10. Severability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
11. Enforceability and Admissibility.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be (a) 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; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) 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.
12. Miscellaneous.
This Agreement shall be governed and construed in accordance with the laws of the State of Montana applicable to agreements made and to be performed in Montana. You agree that any legal action or proceeding between Cellular One and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Cascade County in the State of Montana. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The failure of Cellular One 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. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Cellular One may assign its rights and duties under this Agreement to any party at any time without notice to you.
