NexWave Digital Wireless is a division of General Communications, Inc.
The NexWave site (the "Site") is being provided to you by General Communications, Inc. for purposes of providing information to you about our products and services subject to the following Terms and Conditions of Use of this Site and our services ("Terms and Conditions")
By using and accessing this Site, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of services posted on any individual page of this Site. The Terms and Conditions published within the pages of the Site constitute the entire and only agreement between General Communications, Inc. ("General Communications") and its users with respect to General Communications and supersede all other communications and agreements. Please read this page carefully. If you do not accept the following Terms and Conditions, please do not use this Site or our services. Your continued use of the Site and our services signifies that you have read and understand the Terms and Conditions effective as of the date of your use of the Site. Your rights to use the services provided by General Communications are not transferable and are subject to any limits established by General Communications.
Changes in Terms and Conditions and Changes in the Site
General Communications reserves the right to revise or remove any part of the Terms and Conditions at its sole discretion at any time and without prior notice to you by updating this posting. Therefore, you should visit this page periodically for changes. The NexWave web site is continually under development and changes in the Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms and Conditions, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
Acceptable Site Use
a. User age and access. By using this Site you represent that you are a United States of America resident over the age of 16, if you are under the age of 16, please do not use this Site. If you are under the age of 18, you are not eligible to make purchases on our Site. You are also responsible for, and must make your own arrangements for, the provision and payment of all telephone and other equipment and services necessary to access the Site.
b. Registration. In order to use certain portions of our Site you are required to register with the Site. You can do this online by completing the registration form on the applicable page. In our registration form we ask you to submit your name, address, e-mail address and certain other information. You may be asked to choose an account name and a password or identification number. It is your responsibility to keep your account number and password secure. Please do not share your account number or password with others. Anyone who has your account number and password can access our services and freely obtain or tamper with any information posted in your account.
c. License. The Site, including all of its contents, such as text, images, and the HTML, Java, PHP, ASP, and ASP.NET used to generate the pages, ("Materials"), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of General Communications, Inc. General Communications claims no ownership rights in the content placed on the Site by you or other registered users. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here. Our Site may contain or give you access to software tools or databases that allow you to search and retrieve information. You may not sell, rent, lease, lend, or transfer or participate in the sale, rental, lease, loan or transfer of any services provided on this site and you may not assign or sublicense this license.
d. Trademarks and Copyrights. "NexWave" is a trademarks of General Communications. All rights are reserved. All other trademarks or copyrights appearing on General Communications pages are the property of their respective owners. Any mark, trademark, product name, company name or logo appearing on the site may be used only with the written permission of the respective owner, obtained in advance of your use. You may not alter or remove any trademark, copyright or other notice from copies of the content. Unless otherwise instructed, any other use of the Materials is strictly prohibited.
e. Manufacturer and Product Information. The manufacturer and product information and specifications that are provided on our Site are for your information only. ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION PROVIDED IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. You should always verify the model and product information when you request information; if more than one model number appears, it means that there may be differences between the models including functions or dimensions. Drawings and diagrams may not be to scale, so you should not rely on them. Although we endeavor to keep our product lists current, some products listed may no longer be available and some information provided may not be current, or may have changed since the last time you viewed the information. All specific questions about products and availability should be addressed to the manufacturer or to General Communications.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of General Communications. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site.
Disclaimer of Liability and of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Use of our Services is at your own risk and we shall not be liable for any harm to you or others resulting from such use. IN NO EVENT SHALL GENERAL COMMUNICATIONS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES FROM THE NEXWAVE WEB SITE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY. We are not responsible for the disclosure of any information about you to anyone who accesses your information using your password and user account information.
Although General Communications updates this Site frequently, we cannot represent or guarantee that the product information is current or accurate or that the product is currently available.
General Communications has no responsibility for the content or information of third-parties on the Internet, even if accessed through this Site's pages. NEITHER GENERAL COMMUNICATIONS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE NEXWAVE WEB SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (1) YOUR USE THE NEXWAVE WEB SITE, (2) YOUR INABILITY TO USE THE NEXWAVE WEB SITE, (3) PRODUCTS OR SERVICES NOT BEING AVAILABLE TO YOU; (4) THE COST YOU INCUR TO OBTAIN SUBSTITUTE GOODS OR SERVICES, (5) ANY DAMAGE YOU INCUR RESULTING FROM ANY GOODS OR SERVICES YOU PURCHASE OR OBTAIN THROUGH THIS SITE OR RESULTING FROM UNAUTHORIZED ACCESS OR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE DAMAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (6) ANY BREACH OF WARRANTY WHETHER EXPRESS OR IMPLIED. YOU AS THE USER EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ANY THIRD PARTY CONTENT.
Because some Countries and States do not allow the exclusion or limitation of liability for consequential or incidental damages, General Communications liability is limited to the greatest extent permitted by law.
Notwithstanding any other term contained in these Terms and Conditions, General Communications accepts no liability for death or personal injury caused by the negligence of General Communications. General Communications accepts no responsibility or liability for any loss, cost, claim or expense arising from any reliance on services or products provided by or through General Communications. BY USING THIS SITE YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH ERRORS IN ANY AND ALL INFORMATION CONTAINED ON THIS SITE AND TO HOLD US HARMLESS FROM ANY CLAIMS RELATING TO SUCH ERROR IN EXCHANGE FOR YOUR USE OF THE SITE.
We do not own or control other networks, other sites or hyperlinked sites outside of our own Site. These include the outside vendors that are accessed through our site. We provide such links for your convenience only and are not responsible for the content of any site so linked. The fact that we provide a link to another site does not mean that we approve of, recommend or endorse the site or the products or services on that site, other than the sites of our affiliates. We disclaim all warranties, express or implied, as to the accuracy, availability, legality, reliability or validity of any content on any other site. By using our Site you waive any claim you might have against us with respect to sites linked to our Site. We are not responsible or liable for performance (or non-performance) within such networks or within interconnection points between our Site and other networks and/or sites that are operated by third parties. We also make no representation regarding your ability to transmit and receive information from or through our Site and you agree and acknowledge that at times your ability to access our Site may be impaired or disrupted. Although we will use commercially reasonable efforts to take any action we deem appropriate to remedy and avoid such events, we cannot guarantee they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events.
THE NEXWAVE SITE AND OUR SERVICES AND INFORMATION POSTED ON OUR SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GENERAL COMMUNICATIONS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, PRODUCTS, SOFTWARE, TEXT, GRAPHICS, OR LINKS. The content of all advertisements appearing in this Site and its component documents and/or files is the sole responsibility of the company placing the ad. General Communications does not endorse either the accuracy or reliability of the content of the advertisements, or of any products connected therewith.
GENERAL COMMUNICATIONS DOES NOT WARRANT THAT (1) THE SITE WILL OPERATE ERROR-FREE; (2) THIS SITE WILL MEET YOUR REQUIREMENTS; (3) THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; (5) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (6) THE QUALITY OF ANY PRODUCT, SERVICE OR INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS; OR (7) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING, CORRECTING OR REPLACING EQUIPMENT OR DATA, YOU ARE RESPONSIBLE FOR THOSE COSTS AND DAMAGES AND NOT GENERAL COMMUNICATIONS OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR LICENSORS OR SUPPLIERS.
NOTHING IN THE MATERIALS ON OUR SITE, AND NO INFORMATION OR ADVICE GIVEN TO YOU BY GENERAL COMMUNICATIONS, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTIES UNLESS SUCH WARRANTY IS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Liability and of Warranties
Violations of system or network security may result in civil or criminal liability. General Communications will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Termination of Service
General Communications may terminate your use of the Site or any of our services at any time and for any reason without notice for conduct violating these guidelines for use or terms and conditions contained on other pages of this Site.
You agree to defend, indemnify, and hold harmless General Communications, Inc., its affiliated companies, licensors, employees, agents, and any third party information providers as well as its officers, directors, employees and agents, from and against any claims, actions or demands, (including without limitation reasonable legal and accounting fees) alleging or resulting from (a) with respect to you: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms and Conditions; (b) any damage or destruction to our Site or to us, or to another person or party which damage is caused by or otherwise results from your acts or omissions. General Communications shall provide notice to you at the e-mail address you provide us promptly of any such claim, suit, or proceeding. You are responsible for ensuring that your e-mail address is current and operable.
You acknowledge that your communications to, from and through this Site are not confidential and that your communications may be read or accessed by others. If you send any communication to our Site (including comments, data, questions, suggestions, etc.) we will treat all such material as our property. Thus you give us any and all of your rights to such material and our use of the material. You give up your proprietary rights, your privacy rights, your rights to credit or compensation for the material or idea, and all other rights. By sending materials to our Site you authorize us to publish, broadcast, adapt, change, disclose, copy, license, post, sell, transmit or use the material anywhere in the world in any medium forever without any compensation to you. General Communications reserves the right at all times to disclose any information posted by you or provided to this Site as necessary to satisfy any law, regulation or governmental request.
General Communications makes no claims that the Materials or services are appropriate or may be downloaded outside of the United States. Access to the Materials and services may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If you are dissatisfied with our Site, our services or the products listed, your sole and exclusive remedy is to discontinue use of the Site.
These Terms and Conditions constitute the entire agreement and understanding between you and General Communications and supercede any prior agreements or understandings governing your use of this Site.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Section titles are for convenience only and have no legal or contractual effect.
Our failure to enforce or exercise any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. No waiver of any term of these Terms and Conditions shall be effective unless in writing signed by us. No waiver shall be deemed a further or continuing waiver of such term or any other term.
Any claim by a user or users with respect to General Communications or against General Communications must be instituted within one year of the claim arising, or be barred.
Any inquiries concerning these Terms and Conditions should be directed to General Communications directly at 608.271.4848.
Last Updated 7/18/2014