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Terms and Conditions .

Terms and Conditions

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General.

These Terms of Use constitute a binding agreement between CTIA – The Wireless Association (“CTIA”) and you, the user (“You” or “Your”) and governs Your use of all portions of   www.ctia.org (“CTIA’s Website”), and any associated material or functionality contained on CTIA’s Website. CTIA’s Website is offered to You conditioned on Your acceptance, without modification, of the terms and conditions contained herein. By using CTIA’s Website, You confirm Your acceptance of, and agree to be bound by, this Terms of Use and all such terms, conditions, and notices.  If you do not agree with any of these Terms of Use, do not use the CTIA Website.

Modification.

CTIA reserves the right to change the terms and conditions of this Terms of Use from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. CTIA has no duty or obligation to inform prior users of CTIA’s Website that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your continued use of CTIA’s Website after changes are posted constitutes Your acceptance of this Terms of Use as modified by the posted changes. CTIA may change, restrict access to, suspend, or discontinue CTIA’s Website, or any portion of CTIA’s Website, at any time.

Privacy.

CTIA will operate CTIA’s Website in accordance with its Privacy Policy which is incorporated into these Terms of Use by this reference and which may be accessed here.

Use of CTIA’s Website.

You represent and warrant to CTIA that You will not use CTIA’s Website (i) for any unlawful purpose or in any manner prohibited by this Terms of Use and (ii) in any manner which could damage, disable, overburden or impair CTIA’s Website or interfere with any other party’s use and enjoyment of CTIA’s Website.

You agree that when using CTIA’s Website, You will not:

  • Violate any applicable laws or regulations;
  • Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as CTIA’s logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
  • Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
  • Upload viruses, corrupted files, or any other software or information that may damage the operation of another’s computer or network;
  • Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of CTIA;
  • Frame, squeeze back, overlay or employ other techniques to enclose or display the CTIA Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the CTIA Website, with any other software or content of a third party;
  • Download or print copies of website content for commercial use;
  • Use any meta tags or any other “hidden text” utilizing the names or trademarks of CTIA;
  • Access, monitor or copy any content or information of this Website using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose; or
  • Otherwise violate any CTIA policies or guidelines.

Ownership.

CTIA’s Website and the content displayed on CTIA’s Website and all software, data, and information used to provide CTIA’s Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to CTIA, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on CTIA’s Website is the exclusive property of CTIA and is protected by the copyright laws of the United States and other countries.

CTIA does not claim ownership of the individual materials or information You may provide to CTIA, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions (collectively, a “Submission”) to CTIA’s Website. However, if You provide a Submission, You: Represent and warrant that You own or otherwise control all of the rights to Your Submission including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submission and license or sublicense the Submission; and grant CTIA, its affiliated entities and necessary sublicensees a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein),  including without limitation the rights to publish Your name in connection with Your Submission. CTIA will not pay You compensation with respect to the use of Your Submission.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from CTIA’s Website, without the prior written permission of CTIA. Except as expressly authorized in these Terms of Use, You may not modify, distribute, reproduce, display, or use CTIA’s Website or any elements thereof. All rights not expressly granted to You by us in these Terms of Use are reserved to CTIA and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from CTIA’s Website as authorized hereunder.

Nothing in these Terms of Use or its performance shall grant You any right, title, interest, or license in or to CTIA’s names, logos, logotypes, trade dress, designs, or other trademarks.

Any rights not expressly granted herein are reserved.

CTIA respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the CTIA Website who infringe on the rights of copyright holders.  If you believe in good-faith that anything on CTIA’s Website infringes any copyright that you own or control, you may file a written notification of alleged copyright infringement with our designated agent that contains the following, as required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
  • 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 CTIA to locate the material;
  • Information reasonably sufficient to permit CTIA 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.

Notifications may be sent to our designated Copyright Agent at the following address: CopyrightAgent@ctia.org.

If you would prefer to mail your notification or counter-notification to our designated agent, you may use the following address:

 

Attn:  Copyright Agent

Legal Department

CTIA-The Wireless Association

1400 16th Street NW

STE 600

Washington, DC 20036

CTIA’s Website may contain links to third party websites. The third party websites are not under the control of CTIA, and CTIA is not responsible for the contents of any third party websites, and the inclusion of any link is as a convenience and does not imply endorsement by CTIA of the sites or any association or relationship with its operators. Your use of third party websites and any purchases of products or services from such third party websites are subject to the terms and conditions of such third party websites. You agree that you will bring no suit or claim against CTIA arising from or based upon any such use of third party websites, including, without limitation, websites that we link to from CTIA’s Website.

Import/Export Control.

You agree not to submit any content to the CTIA Website or commit any act involving the transfer of information relating to any content in violation of applicable import/export control, espionage or national security laws.

General Disclaimers.

The information, software, products and services included in or available through CTIA’s Website may include inaccuracies or typographical errors. CTIA may make improvements or changes to CTIA’s Website at any time. Advice received via CTIA’s Website should not be relied upon for personal, medical, legal or financial decisions, and you should consult an appropriate professional for specific advice.

 

CTIA PROVIDES CTIA’S WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CTIA DISCLAIMS ALL WARRANTIES WITH REGARD TO CTIA’S WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH CTIA’S WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FURTHER, CTIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF CTIA’S WEBSITE OR FOR INFORMATION AND OPINIONS RECEIVED VIA CTIA’S WEBSITE. CTIA SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON CTIA’S WEBSITE.  ADDITIONALLY, CTIA MAKES NO REPRESENTATION ABOUT ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED VIA LINKS FROM THE CTIA WEBSITE. CTIA DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON CTIA’S WEBSITE UNLESS IT IS PROVIDED BY AN AUTHORIZED CTIA SPOKESPERSON. ANY STATEMENTS MADE ON CTIA’S WEBSITE REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. CTIA’S WEBSITE WILL BE MANAGED OR HOSTED BY EMPLOYEES, VENDORS, OR CONTRACTORS, WHO ARE NOT AUTHORIZED CTIA SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING CTIA’S WEBSITE DO NOT NECESSARILY REFLECT THOSE OF CTIA.

Limitations on Liability & Remedies.

CTIA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CTIA (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. CTIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH CTIA. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CTIA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CTIA LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CTIA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF CTIA WILL BE LIMITED TO THECORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK.

Indemnity.

You agree to indemnify CTIA from and against any and all liabilities, expenses (including without limitation attorneys’ fees) and damages arising out of claims based upon your use of CTIA’s Website, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. CTIA will notify you of any claim for which CTIA seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to CTIA’s interests, as reasonably determined by CTIA at its sole discretion.

Restricted Rights.

The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.

Website and Registration Administration Governing Law.

These Terms of Use are governed by the laws of the District of Columbia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia in all disputes arising out of or relating to the use of CTIA’s Website. Use of CTIA’s Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Contact Information.

If you have any questions regarding these Terms of Use or the CTIA Website, please contact info@ctia.org.

Effective Date:  April 11, 2018

Any rights not expressly granted herein are reserved.

© 2018 CTIA – The Wireless Association, 1400 16th Street, NW Suite 600 || Washington, DC 20036 Phone: (202) 785 – 0081.

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