Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE (THE "SITE"). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. RADDCOMM WIRELESS CONSULTING SERVICES L.L.C. (THE "COMPANY") MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. User's Access to the Site. This Web site was created to provide you (the "User") with publicly available information regarding the Company and its products and services. This Site is subject to change with out notice. You are allowed access to this Site for the sole purpose of viewing information intentionally made available by the Company on the Site. You acknowledge that the Site and all information contained on it are the sole and exclusive property of the Company. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other User's use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use to you through the Site.

2. Rights in Work. Title to and ownership of all information, products or services contained on the Site, including but not limited to business processes and business process systems, software, software documentation and Company trademarks (collectively referred to as "Work(s)") and all proprietary rights therein shall at all times remain the sole property of the Company and are protected by copyrights, patents, trade secretes or other proprietary rights. Some of the words, logos or other images incorporated by the Company on this Site are also protected as registered or unregistered trademarks, trade names and/or services marks owned by the Company, including but not limited to "RADDCOMM Wireless Consulting Services L.L.C.", RADDCOMM Communications Consulting Services" and “RADDCOMM”. No license or other right is hereby transferred or granted to User, including any license by implication, estoppel or otherwise, under any patent, trade secret, trademark or copyright. You agree to grant to the Company a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to the Company by all means and in any media now known or hereafter developed. You also grant to the Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Company.

3. Third Party Trademarks. Any names on this Site not claimed by the Company are the exclusive trademarks or servicemarks of their respective owners.

4. Copies of Company Work. Unless otherwise agreed to in writing signed by the Company, User may not copy, reproduce, or otherwise replicate in any form, any Work. All copies of the Work are the property of the Company. To the extent replication is allowed under this Agreement, User shall reproduce and include any copyright, trademark and/or other proprietary notices in a prescribed form on all copies of the Work.

5. Disclosure of the Work. User shall not disclose or permit disclosure of any of the Work to any competitor of the Company.

6. Termination/Access Restriction. The Company reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice to any User who violates the terms of this Agreement.

7. Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES TO SITE AT ANY TIME. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE. ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR LOSS OF DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

8. Dealings with Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

9. Links. The Site may provide, or third parties may provide, links to non-Company sites or resources. You acknowledge that the Company has no control over such sites and resources and you agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company 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 content, goods or services available on or through any such site or resource.

10. No Modification. User agrees that it shall not modify, reverse engineer, decompile, create other works from or disassemble any software programs contained in the Work.

11. Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (a) such provision shall be excluded from this Agreement, (b) the balance of the Agreement shall be interpreted as if such provision were so excluded and (c) the balance of the Agreement shall be enforceable in accordance with its terms.

12. Governing Law; Jurisdiction. This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to principles of conflicts of law. Each of the parties hereto consents to the exclusive jurisdiction and venue of the courts of Philadelphia, Pennsylvania.

13. Remedies; Indemnification. The Company and User each agrees that the obligations of User set forth in this Agreement are necessary and reasonable in order to protect the Company and its business. The Company and User each expressly agree that due to the unique nature of the Company's Work, monetary damages would be inadequate to compensate the Company for any breach by User of its covenants and agreements set forth in this Agreement. Accordingly, the Company and User each agree and acknowledge that any such violation or threatened violation shall cause irreparable injury to the Company and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Company shall be entitled (a) to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by User, without the necessity of proving actual damages, and (b) to be indemnified by User from any loss or harm, including but not limited to attorney's fees, arising out of or in connection with any breach or enforcement of User's obligations under this Agreement or the unauthorized use or disclosure of the Company's Work.

14. Amendment and Waiver. Company reserves the right to change the terms, conditions, and notices under which access to this Site is offered. You are responsible for regularly reviewing these terms and conditions. The Company's failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.