Wireless Estimator User Agreement
The following are the terms and conditions of use of the WirelessEstimator.com© Web Site. Please read them carefully. BY ACCESSING AND VIEWING THIS SITE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICES OFFERED BY WIRELESSESTIMATOR.COM. The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. All of the categories listed below, (Collectively “Terms and Conditions of Use”) constitute the entire agreement between the parties. Headings contained in the Agreement are for reference purposes only and should not be incorporated into the Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
Your Use Of Content
You agree not to copy, reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit Content without the express written consent of WirelessEstimator.com, or to use Content for any unlawful purpose. You agree to access Content manually by request and not programmatically by macro or other automated means.
Terms And Conditions Of Use
Content is made available by WirelessEstimator.com subject to the terms and conditions of this Agreement. Content is provided by WirelessEstimator.com and its third party suppliers. BY CONTINUING TO ACCESS THIS CONTENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, WIRELESSESTIMATOR.COM IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE CONTENT AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS CONTENT. WirelessEstimator.com may modify this Agreement from time to time in its sole discretion and without notice to you. Be sure to review this Agreement periodically to ensure familiarity with the most current version of the Agreement. Your continued use of Content constitutes acceptance of this Agreement; likewise, continued use of Content after any modification of this Agreement shall constitute acceptance of any such modification.
Registration And Use
You have been provided with an account (“Account”) which you may use to navigate and carry out various logistics related to estimating and other programs and services on this Web Site. You have been issued with an identification designation (“User ID”), password (“Password”) and account designation specific to your Account. Your User ID and Password will not be known or disclosed to any party except WirelessEstimator.com and its employees, agents, servants and contractors, strictly on a “need-to-know” basis. However, WirelessEstimator.com shall be entitled to disclose the User ID, Password or Account Contents to any third party if required to do so by any law, regulation or court order.
(a) be solely responsible for maintaining the confidentiality of your User ID, Password and Account;
(b) shall immediately notify WirelessEstimator.com of any theft or unauthorized use of your User ID, Password and Account or any other breach of security;
(c) log out of your browser at the end of each of your sessions on the Web Site or secure your computer or other viewing device, so as to ensure that others cannot access your Account or personal information and correspondence;
(d) do not disclose your User ID or Password to any third party;
(e) be solely responsible for any activities that take place through your User ID, Password or Account and for the Contents of your Account.
WirelessEstimator.com shall in no way whatsoever be liable to you for any loss, damage, costs, expense incurred by you as a result of, arising out of or in connection with the wrongful or fraudulent use of your User ID or Password or Account, whether by you or any third party.
Your use of your User ID, Password, Account and the Contents thereof shall be subject to the terms and conditions set out in this Agreement.
Limits On Liability
The information, software, products, and services published on this Web Site may include inaccuracies or typographical errors. Changes are periodically made to the information on the Web Site. WirelessEstimator.com and/or its respective Suppliers and Pricing Providers may discontinue, or make improvements and/or changes in the information, products or services described in this Web Site at any time. Any dated information is published as of its date only and WirelessEstimator.com does not undertake any obligation or responsibility to update or amend any such information. WirelessEstimator.com reserves the right to terminate any or all Web Site offerings without prior notice to the user. This Web Site may be discontinued at any time and may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. WirelessEstimator.com may, in its sole discretion without being required to give any notice, change, suspend or discontinue any aspect of this Web Site at any time, including the availability of any Web Site feature, database, or Content. WirelessEstimator.com may also impose limits on certain features and services or restrict your access to parts or all of this Web Site without notice or liability.
Because of the possibility of human and mechanical error, as well as other factors, WirelessEstimator.com is not responsible for any errors in or omissions from the information contained in or accessed through this Web Site. WirelessEstimator.com and/or its respective Suppliers and Pricing Providers make no representations about the suitability of the information, software, products, and services contained on this Web Site for any purpose. All such information, software, products, and services are provided “as is” without warranty of any kind. WirelessEstimator.com and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through WirelessEstimator.com or on the Internet generally.
WirelessEstimator.com will not be liable for any delay, difficulty in use, inaccuracy of information, or defect in this Web Site, or for the incompatibility between this Web Site and files and the user’s browser or other Site accessing program, nor will WirelessEstimator.com be liable for any other problems experienced by the user due to causes beyond WirelessEstimator.com’s reasonable control. WirelessEstimator.com will not be liable for any harm caused by the transmission, through accessing the services or information on this Site, of a computer virus, malicious code or other computer code or programming device that might be used to access, delete, damage, disable, disrupt or otherwise impede in any manner, the operation of the Site or of any user’s software, hardware, data or property. 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 WirelessEstimator.com Web Site for the reconstruction of any lost data.
In no event shall WirelessEstimator.com and/or its Suppliers and Pricing Providers be liable to the user and/or any third party arising in any manner connected with the use of this Web Site or with the delay or inability to use this Web Site, or for any information, software, products, and services obtained through this Web Site, or otherwise arising out of the use of this Web Site, or reliance on any information or services provided at this Web Site, whether based on contract, tort, strict liability or otherwise.
The use of this Web Site is at your own risk. WirelessEstimator.com will under no circumstances be liable to the user and/or any third party, regardless of the form of action, for any lost profits or lost opportunity, or any indirect, special, consequential, incidental or punitive damages whatsoever, even if WirelessEstimator.com has been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
NEITHER WIRELESSESTIMATOR.COM NOR ANY OF ITS OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR THE INABILITY TO USE CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Reliance Upon Web Site Information
FORUM MESSAGES AS WELL AS INDUSTRY, PRODUCT, EQUIPMENT, INSTALLATION AND ALL OTHER WIRELESS ESTIMATOR.COM INFORMATION AND POSTINGS ARE PROVIDED AS A PUBLIC SERVICE AND ARE NOT TO BE RELIED UPON FOR ANY OTHER PURPOSE THAT MAY CONFLICT WITH APPROPRIATE BUSINESS AND SAFETY OBLIGATIONS. FOR THE PURPOSE OF PURCHASING A PRODUCT, INSTALLING IT OR PERFORMING ANY TYPE OF CONSTRUCTION, YOU AGREE THAT YOU WILL CAREFULLY INVESTIGATE ALL OF THE INSTALLATION SAFETY STANDARDS REQUIRED AND REVIEW ALL OF THE MANUFACTURER’S PRODUCT INFORMATION.
INFORMATION ON THE WIRELESSESTIMATOR.COM SITE DOES NOT INCLUDE THE NECESSARY DETAILS TO COMPLETE A TASK SAFELY. THIS SITE IS NEITHER INTENDED TO INSTRUCT NOR TEACH ANYONE IN THE PROPER OR SAFE METHODS OF ANY ASPECT OF WIRELESS OR OTHER CONSTRUCTION. YOU MUST OBTAIN THE ADVICE AND GUIDANCE OF A PROFESSIONAL PRIOR TO RELYING UPON THE INFORMATION YOU VIEW UPON WIRELESSESTIMATOR.COM OR ANY OTHER WEB SITE.
THE GENERIC, NON-EXHAUSTIVE INFORMATION PRESENTED BY WIRELESSESTIMATOR.COM IS INTENDED TO SERVE AS A USEFUL STARTING POINT FOR RESEARCH AND ANALYSIS OF THE TOPICS ADDRESSED. PROPER TRAINING, PROFESSIONAL KNOWLEDGE AND OFTENTIMES LICENSING ARE REQUIRED PRIOR TO ANYONE PROVIDING PRODUCT DESIGN, SELECTION, INSTALLATION, AND CONSTRUCTION/DEVELOPMENT-RELATED ACTIVITIES. TO ENSURE MINIMUM EXPOSUIRE AND TO DETERMINE COMPLIANCE FOR A SAFE WORKING ENVIRONMENT, YOU MUST OBTAIN THE ADVICE AND GUIDANCE OF AN INDUSTRY PROFESSIONAL.
WARNING: FAILURE TO MEET THESE MINIMUM REQUIREMENTS AND APPROPRIATE COMPLIANCE RESPONSIBILITIES CAN RESULT IN SERIOUS INJURY OR DEATH TO YOU OR YOUR FELLOW WORKERS.
WIRELESSESTIMATOR.COM WILL NOT ACCEPT LIABILITY FOR ANY INJURIES OR DAMAGES CAUSED TO YOU THAT MAY RESULT FROM YOU ACTING UPON OR USING THE CONTENT CONTAINED IN THIS WEBSITE.
ALL ASPECTS OF WIRELESS CONSTRUCTION ARE HAZARDOUS BY NATURE. YOU HAVE THE SOLE RESPONSIBILITY TO GET PROPER INSTRUCTION AND TO ACT SAFELY AND WITH CAUTION PRIOR TO PERFORMING ANY CONSTRUCTION-RELATED TASK.
Disclaimer Of Warranties
Content may be incorrectly presented or incorrectly supplied by Suppliers and Pricing Providers. WirelessEstimator.com, Suppliers and Pricing Providers furnish the Pricing available on this Site without responsibility for accuracy and you agree that errors contained in such Pricing or Content shall not be made the basis for any claim, demand or cause of action against WirelessEstimator.com its Suppliers or Pricing Providers. WirelessEstimator.com believes its data and text services to be reliable, but accuracy is not warranted or guaranteed. Content may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. WirelessEstimator.com cannot and does not ensure that the information is technically accurate and it should not be relied upon without consulting with industry professionals to assess its accuracy.
Neither WirelessEstimator.com its Suppliers nor Pricing Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses these views, opinions or recommendations, gives contractual advice, or advocates a firm price for any estimate or proposal. You expressly understand and agree that your use of Content is at your sole risk. CONTENT IS PROVIDED ON “AS-IS” BASIS. WIRELESSESTIMATOR.COM ITS SUPPLIERS AND PRICING PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Copyright & Termination
All Contents Copyright Wireless Estimator, Inc.
This Web Site is protected by copyright as a collective work and/or compilation, pursuant to international copyright laws and international conventions and is the exclusive property of Wireless Estimator, Inc. (“WirelessEstimator.com”). All materials contained on this Web Site (such as text, graphics, logos, buttons, icons, images, audio/video clips, digital downloads, data compilations and software) (“the Content”) are protected by copyright, and are owned or controlled by WirelessEstimator.com or its Suppliers or Developers or Third Party Licensors. All software used on or in connection with this Web Site (“the Software”) is the property of WirelessEstimator.com or its software suppliers or licensors and protected by copyright laws. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on this Web Site. “WirelessEstimator.com” and “Wireless Blue Book” are Service Marks of Wireless Estimator, Inc.
WirelessEstimator.com grants you a limited, revocable (at the sole discretion of WirelessEstimator.com), non-exclusive, non-transferable, personal license to access view and print the Content, provided that you preserve and acknowledge all copyright and other notices contained in such Content. Copying or storing of any Content outside of the WirelessEstimator.com Sql or other Servers (whether in electronic or hard copy form) is expressly prohibited without the prior written permission from WirelessEstimator.com or the copyright holder identified in any copyright notice appearing on the Content.
The aforesaid license shall in no way whatsoever operate as a transfer of title and does not include the following:
(a) any resale or commercial use of this Web Site or its Contents;
(b) any collection or compilation and use of the Contents or any part thereof;
(c) any downloading or copying of the Contents or any part thereof for the benefit of any commercial purpose;
(d) any use of data mining, robots or similar data gathering and extraction tools.
(e) any modifying, adapting, creating a derivative work of, reverse engineering, reverse assembling or any other attempt to discover any source code.
(f) any utilization of framing techniques to enclose any part of the Content and/or any trademark, logo or any other proprietary information (including images, text, page layout or form) of WirelessEstimator.com.
(g) any introduction of meta tags or any other “hidden text” utilizing WirelessEstimator.com’s Content, Wireless Blue Book or any other service marks, trademarks or logos.
WirelessEstimator.com may terminate this Agreement, and your access to and use of Content, or any portion thereof, immediately, in its sole discretion, at any time without cause. You shall not acquire any rights, title, interests over your User ID or Password or Account. Upon such termination, you shall no longer be entitled to use or access your User ID, Password or Account and WirelessEstimator.com may deactivate or delete your User ID, Password and Account and delete all related information and files in your Account. WirelessEstimator.com shall not be liable to you or any third party for any termination of your User ID, Password, Account or the Contents thereof.
Ownership Of Materials
By uploading or submitting materials or Content to any public or non-public area of WirelessEstimator.com including forums, Blue Book and other Wireless Estimator.com Web Site Services, or submitting any materials to WirelessEstimator.com, in any form, you automatically grant (or warrant that the owner of such rights has expressly granted) WirelessEstimator.com and its affiliates the royalty-free, perpetual, irrevocable, (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such Content placed on the Site retains any and all rights that may exist in such Content.
Wireless Estimator will neither sell nor provide to others information contained in any help wanted advertisement. By placing an advertisement you agree that Wireless Estimator has the right to prohibit aggregators and other businesses from publicly using the content contained within the advertisement placed with WirelessEstimator.com
Usage of JPGs, GIFS or other graphics
All jpgs, gifs and other graphics on the Wirelessestimator.com web site are owned and copyrighted by Wireless Estimator, Inc. or are used with the owner’s permission, and are not to be copied or used without the permission of Wireless Estimator, Inc. If there are any jpgs, gifs and other graphics that appear on the site or in advertisers’ messages within the site that are copyrighted or owned by others, upon proper notification, they will be immediately removed and replaced. If an advertiser or anyone else placing a graphic on the site that is copyrighted and/or an exclusive graphics or fee-based graphic of another business or individual, they shall be responsible for any legal action and/or fees, fines, or judgments for their placement.
No Unlawful Or Prohibited Use
As a condition of your use of this Web Site, you warrant to WirelessEstimator.com that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms and conditions or any State or Federal laws.
Dealings With Advertisers Or Merchants
Your correspondence or business and other dealings with any merchant, advertiser or any other third party found on this Web Site (including payment and delivery of related goods and services, and any other terms, conditions, warranties or representation associated with such dealings) are solely between you and such advertiser, merchant or third party. You agree that WirelessEstimator.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants or third parties on this Web Site, and you agree to release WirelessEstimator.com from all liability or responsibility for the same. You further agree to indemnify and keep indemnified WirelessEstimator.com against all loss, damage, cost and expense that WirelessEstimator.com may suffer as a result of any claims made against WirelessEstimator.com by such advertisers, merchants or third parties arising out of or in connection with any dealing you may have with the said parties.
Links To Third Party Sites
This Web Site may contain hyperlinks to Web Sites operated by parties other than WirelessEstimator.com. Such hyperlinks are provided for your reference only. WirelessEstimator.com does not control such Web Sites, and is not responsible for their Content. If you choose to link to a Web Site not controlled by WirelessEstimator.com, WirelessEstimator.com makes no warranties, either express or implied, concerning the Content link of such Site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does WirelessEstimator.com warrant that any Site or its Content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such Site or Content is devoid of viruses or other contamination. WirelessEstimator.com’s inclusion of hyperlinks to other Web Sites does not imply any endorsement of the material on such Web Sites or any association with their operators.
WirelessEstimator.com is firmly committed to the privacy of its customers and visitors to its Web Site. WirelessEstimator.com will not monitor, edit, or disclose any personal information about you or your use of WirelessEstimator.com unless WirelessEstimator.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of WirelessEstimator.com; or (3) enforce the Agreement. WirelessEstimator.com may provide traffic information in aggregate form (e.g. Internet browser trends, operating system trends) to third parties for research purposes; however, WirelessEstimator.com is not entitled to disclose statistics of a single Web Site.
Because your privacy is important to us, WirelessEstimator.com conducts its business under the following principles:
Principle 1 – Your Information is Confidential
All the statistical information used by you is considered confidential. Statistics about your usage are protected by usernames and passwords; do not disclose these to unauthorized persons. To ensure this privacy, our Data Center is protected by industry standard security technology.
Principle 2 – WirelessEstimator.com Has Limited Access to your Information
WirelessEstimator.com will not access, modify, or otherwise divulge any statistical information.
Principle 3 – No Site-Specific Data is Ever Divulged
WirelessEstimator.com only compiles user statistics that are limited to certain broad categories, such as internet browser usage and screen resolution. This information is presented only in an aggregate form, and in no event will we present specific Site data.
To identify you
To customize our Site for you
To help improve navigation
Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies. However, you will not be able to take advantage of our Web Site services if you do so.
Principal 5 – Personal Information
We may use your email address and name to:
Contact you when necessary
Send you information about WirelessEstimator.com program updates and news
If you do not want these notices from WirelessEstimator.com, you can easily select that option in the “User Options” link.
You shall not assign or transfer, or purport to assign or transfer, any of its rights or obligations under the Agreement without the prior written consent of WirelessEstimator.com. WirelessEstimator.com shall be entitled to assign or transfer its rights, title, benefits, interests, obligations under the Agreement or any part thereof, without requiring your consent.
This Agreement constitutes the entire agreement between you and WirelessEstimator.com regarding your use of Content published on the Web Site you are accessing this Agreement or when you access any Content provided by WirelessEstimator.com from a Web Site other than the one from which you are accessing this Agreement. This Agreement and the relationship between you and WirelessEstimator.com shall be governed by the laws of the State of Florida, USA, in all disputes arising out of or relating to the use of this Web Site without regard to its conflict of law provisions. Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Broward, State of Florida, United States .
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Any rights not expressly granted in this agreement are hereby reserved to WirelessEstimator.com.
Any legal action or proceeding with respect to this Web Site or any matter related thereto may be brought exclusively in the courts of Broward County, in the State of Florida. By using this Web Site, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waive any objection to such jurisdiction.
The failure of WirelessEstimator.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Content must be filed within one (1) year after such claim or cause of action arose or be forever barred. Nothing in the Agreement shall create, or be deemed to create a partnership or joint venture between you and WirelessEstimator.com.
The terms and conditions herein are updated as of September 1, 2012.
For More Information
If you have any questions or comments about this agreement, our services, or your experience with WirelessEstimator.com Statistics, contact us at firstname.lastname@example.org . We welcome your feedback about this Site. Please note that any and all comments, ideas, notes, messages, suggestions or other communications sent to WirelessEstimator.com shall be and remain the exclusive property of Company, and we have the unconditional right to use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you or your assigns.