Terms and Conditions of Usage
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS WEB SITE AND ARE LEGALLY BINDING ON YOU. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE OR ANY INFORMATION CONTAINED ON THE WEB SITE. YOUR USE OF THE WEB SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. General Restrictions
tmiWireless.com, ("TMI WIRELESS") updates and manages this website to help consumers (the "Users") compare estimated costs and service charges (the "Estimates") of wireless products and services, (the "Consumer Products and Services") offered by the providers of such Consumer Products and Services (the "Vendors").
Grant of License
TMI WIRELESS grants you a limited, personal, non-exclusive and non-transferable license to display the Content of the Web Site and Estimates only on your personal computer and to print in hard copy portions of this Web Site and Estimates generated therefrom for the sole purpose of evaluating the Consumer Products and Services offered by the Vendors contrasted in the Estimates. Any other use of Content on this Web Site-including reproduction for purposes other than those noted above, modification, distribution, or republication-without the prior written permission of TMI WIRELESS is strictly prohibited. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Content. Except as stated herein, you acknowledge that you have no right, title to, or interest in the Content on any legal basis, without the advance written authorization of TMI WIRELESS.
Third Party Content
Certain information and content available on the Web Site may be provided by third parties under license to TMI WIRELESS ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Without the consent of the applicable third party licensor, you shall only have the right to display the Third Party Content on your personal computer and to view such content for your personal use.
All website graphics, images, and text offered on the Web Site, including the layout and arrangement of products (the "Content"), are the copyrighted work(s) of TMI WIRELESS.
tmiWireless.com, the tmiWireless logo, all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of TMI WIRELESS. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
ALL OTHER RIGHTS IN THE CONTENT, THIRD PARTY CONTENT, SOFTWARE AND TRADEMARKS THAT ARE NOT EXPRESSLY GRANTED TO YOU ARE RESERVED TO TMI WIRELESS AND/OR ITS LICENSORS.
Links to Third Party Web Sites
This Web Site may be linked to other Web Sites that are not under the control of or maintained by TMI WIRELESS. You acknowledge that TMI WIRELESS is providing these links to you only as a convenience, and further agree that TMI WIRELESS is not responsible for the content or links displayed on such Web Sites.
Third Party Interaction
In your use of the Web Site, you may enter into correspondence with Vendors. All correspondence, purchase, or promotion, including the delivery of and the payment for Consumer Products and Services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. Unless otherwise stated, you agree that TMI WIRELESS has no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
You represent and warrant that you are of sufficient legal age to use the Web Site and to enter into the binding legal obligations you may incur as a result of use of the Web Site. You agree to be financially responsible for any liability you may incur as a result of using the Web Site, and agree to supervise minors in the use of the Web Site. You acknowledge that your unauthorized use of any Content or Third Party Content contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You agree that you are wholly responsible for your actions or the actions. You also agree to indemnify and hold TMI WIRELESS, its affiliates, agents, cobranders, and partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by TMI WIRELESS in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your use of the Web Site violates any applicable law or regulation or the rights of any third party.
Disclaimer of Warranties and Limitation of Liability
YOU USE THIS WEB SITE AT YOUR OWN RISK.
TMI WIRELESS ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY USER OR ANY THIRD PARTY CLAIMING THROUGH A USER FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING OR DOWNLOADING ANY INFORMATION OR MATERIAL INCLUDING, WITHOUT LIMITATION, THE ESTIMATES DISPLAYED ON TMIWIRELESS.COM. IN NO EVENT SHALL TMI WIRELESS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TMI WIRELESS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
USER ACKNOWLEDGES THAT THE ESTIMATES ARE INTENDED SOLELY FOR PRELIMINARY ASSESSMENT AND EVALUATION OF THE CONSUMER PRODUCTS AND SERVICES. TMI WIRELESS HAS NO RESPONSIBILITY FOR NOR MAKES ANY WARRANTY WITH RESPECT TO THE ACCURACY OR TIMELINESS OF THE ESTIMATES, NOR DOES IT WARRANT THAT THE TERMS OF ANY CONSUMER PRODUCT OR SERVICE PURPORTEDLY OFFERED ON TMI WIRELESS WILL BE OFFERED TO USER BY THE PROVIDER OF SUCH CONSUMER PRODUCT OR SERVICE.
TMI WIRELESS MAKES NO REPRESENTATION OR WARRANTY AS TO THE EXTENT OR QUALITY OF COVERAGE OFFERED OR PROVIDED BY ANY WIRELESS TELEPHONE CARRIER.
PLEASE FULLY INVESTIGATE ALL ASPECTS OF ANY CONSUMER PRODUCT OR SERVICE BEFORE YOU MAKE YOUR BUYING DECISION.
TMI WIRELESS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE WEB SITE, INCLUDING BUT WITHOUT LIMITATION TO THE CONTENT, OR THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree that TMI WIRELESS and its licensors may make improvements and/or changes in the products, services, and programs described in this Web Site at any time without notice, and further agree that TMI WIRELESS can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Web Site after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by Virginia law and controlling US federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Fairfax County, in the State of Virginia, for the resolution of all disputes arising from or related to these Terms and/or your use of the Web Site.