The CELLSPAN, Inc. Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CELLSPAN, Inc. Web Sites constitutes your agreement to all such terms, conditions, and notices.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement here for disclosures relating to the collection and use of your personal information.
If a particular CELLSPAN, Inc. Web Site, or any product or service offered on any CELLSPAN, Inc. Web Site (each a CELLSPAN, Inc. Site/Service? and collectively CELLSPAN, Inc. Sites/Services) requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CELLSPAN, Inc. immediately of any unauthorized use of your account or any other breach of security. CELLSPAN, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CELLSPAN, Inc. or another party due to someone else using your account or password. You may not use anyone else account at any time, without the permission of the account holder.
CELLSPAN, Inc. reserves the right to change the terms, conditions, and notices under which the CELLSPAN, Inc. Sites/Services are offered, including but not limited to the charges associated with the use of the CELLSPAN, Inc. Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the CELLSPAN, Inc. Sites/Services constitutes your agreement to all such terms, conditions, and notices.
Unless otherwise specified, the CELLSPAN, Inc. Sites/Services are for your personal and non-commercial use. 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 the CELLSPAN, Inc. Sites/Services. Without the advance express written permission of CELLSPAN, Inc., you may not 'meta-search' the CELLSPAN, Inc. Sites/Services, send, or cause to be sent, any automated queries of any sort to the CELLSPAN, Inc. Sites/Services, or use the CELLSPAN, Inc. Sites/Services in any commercial manner "Automated queries" shall include but not be limited to using any software that sends queries to any CELLSPAN, Inc. Sites/Services to determine how a web site "ranks" any CELLSPAN, Inc. Sites/Services.
Any dealings with third parties (including advertisers) included within the CELLSPAN, Inc. Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CELLSPAN, Inc. shall not be responsible or liable for any part of any such dealings or promotions.
As a condition of your use of the CELLSPAN, Inc. Sites/Services, you will not use the CELLSPAN, Inc. Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CELLSPAN, Inc. Sites/Services in any manner that could damage, disable, overburden, or impair any CELLSPAN, Inc. Site/Service(s) (or the network(s) connected to any CELLSPAN, Inc. Site/Service(s)) or interfere with any other party's use and enjoyment of any CELLSPAN, Inc. Site/Service(s). You may not attempt to gain unauthorized access to any CELLSPAN, Inc. Site/Service, other accounts, computer systems or networks connected to any CELLSPAN, Inc. Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CELLSPAN, Inc. Sites/Services.
The CELLSPAN, Inc. Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
CELLSPAN, Inc. has no obligation to monitor the Communication Services. However, CELLSPAN, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CELLSPAN, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
CELLSPAN, Inc. reserves the right at all times to disclose any information as CELLSPAN, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CELLSPAN, Inc.'s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. CELLSPAN, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, CELLSPAN, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CELLSPAN, Inc. spokespersons, and their views do not necessarily reflect those of CELLSPAN, Inc…
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CELLSPAN, Inc. SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CELLSPAN, Inc. SITES/SERVICES AND TO THE INFORMATION THEREIN. CELLSPAN, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CELLSPAN, Inc. SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE CELLSPAN, Inc. SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CELLSPAN, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE CELLSPAN, Inc. SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CELLSPAN, Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM 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, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT CELLSPAN, Inc. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ACELLSPAN, Inc. SITE/SERVICE. YOU SPECIFICALLY AGREE THAT CELLSPAN, Inc. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CELLSPAN, Inc. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ACELLSPAN, Inc. SITE/SERVICE BY ANY THIRD PARTY.
You agree that CELLSPAN, Inc. may establish limits concerning use of any CELLSPAN, Inc. Service offered on an CELLSPAN, Inc. Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any CELLSPAN, Inc. Service, the maximum number of e-mail messages that may be sent from or received by an account on any CELLSPAN, Inc. Service, the maximum size of an e-mail message that may be sent from or received by an account on any CELLSPAN, Inc. Service, the maximum disk space that will be allotted on CELLSPAN, Inc.'s servers on your behalf, and the maximum number of times and duration you may access any CELLSPAN, Inc. Service in a given period of time.
You agree that CELLSPAN, Inc. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any CELLSPAN, Inc. Service. You acknowledge that CELLSPAN, Inc. reserves the right to log off accounts that are inactive for an extended period of time.
CELLSPAN, Inc. MAKES NO WARRANTY THAT ANY CELLSPAN, Inc. SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
CELLSPAN, Inc. reserves the right, in its sole discretion, to terminate your access to any or all CELLSPAN, Inc. Sites/Services and the related services or any portion thereof at any time, without notice.
CELLSPAN, Inc. may also terminate or suspend your access to CELLSPAN, Inc. Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by CELLSPAN, Inc.. The amount of time that CELLSPAN, Inc. currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the CELLSPAN, Inc. Site/Service, your right to use the CELLSPAN, Inc. Site/Service immediately ceases.
CELLSPAN, Inc. shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
CELLSPAN, Inc. will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay CELLSPAN, Inc. liquidated damages of $5 for each piece of Spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CELLSPAN, Inc.'s actual damages, to the extent such actual damages can be reasonably calculated.
This agreement is governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the CELLSPAN, Inc. Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CELLSPAN, Inc. as a result of this agreement or use of the CELLSPAN, Inc. Sites/Services. You agree to indemnify and hold CELLSPAN, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the CELLSPAN, Inc. Sites/Services. CELLSPAN, Inc. reserves the right to disclose any personal information about you or your use of the CELLSPAN, Inc. Sites/Services, including its contents, without your prior permission if CELLSPAN, Inc. 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 CELLSPAN, Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. CELLSPAN, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CELLSPAN, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CELLSPAN, Inc. Sites/Services or information provided to or gathered by CELLSPAN, Inc. with respect to such use. 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CELLSPAN, Inc. with respect to the CELLSPAN, Inc. Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CELLSPAN, Inc. with respect to the CELLSPAN, Inc. Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All contents of the CELLSPAN, Inc. Web Sites are: Copyright (c) 1998 – 2002 CELLSPAN, Inc. and/or its suppliers.
TRADEMARKS. CELLSPAN, Inc., CELLSPAN, Inc. Photos, and/or other CELLSPAN, Inc. products and services referenced herein may also be either trademarks or registered trademarks of CELLSPAN, Inc. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
FOR INFORMATION REGARDING THE CELLSPAN.COM PRIVACY STATEMENT CLICK HERE.
Specific Restrictions on Use of Associated Press Material
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions wherefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.