1. TERMS AND CONDITIONS OF SERVICE
Welcome to DATACAST® On-Demand Information
Service ("Service"). The Service is owned and operated by A.M. Communications
Specialists, Inc. d/b/a DATACAST® ("DATACAST"),
and is provided to you ("Subscriber") under the terms and conditions
of this Use Agreement ("Agreement"). For the purposes of this Agreement,
"using" or "use" shall mean any accessing of the Service by sending
an email requesting the Service. By using the Service, you acknowledge
that you have read, understood, and agree to be bound by the terms
and conditions of this Agreement.
2. DESCRIPTION OF SERVICE
DATACAST agrees to provide Subscriber with news and other information
upon Subscriber's request directly to Subscriber's wireless device,
from DATACAST's system. DATACAST does not charge Subscriber any Subscription
fees. Subscriber agrees to provide its own equipment, including a
wireless device to receive the Service. Subscriber is responsible
for any telephone or wireless service fees, message fees, character
fees and overcalls associated with access to or use of the Service.
Subscriber has control over the Service it receives as the Service
is only provided to Subscriber upon Subscriber's request.
In consideration for this Service, Subscriber agrees to abide strictly
by the provisions of this Agreement, including without limitation,
the USE OF SERVICE provision.
3. USE OF SERVICE
DATACAST HEREBY AUTHORIZES SUBSCRIBER TO USE THE SERVICE SOLELY FOR
PERSONAL, NON-COMMERCIAL USE. USE FOR ANY OTHER PURPOSE IS EXPRESSLY
DATACAST'S SERVICE, AND ALL PORTIONS THEREOF, INCLUDING WITHOUT LIMITATION,
THE CONTENT, SCHEDULE, FORMAT AND STYLE, THE EQUIPMENT AND METHODS
USED AND PREFERRED BY DATACAST, IS PROPRIETARY TO AND FOR ALL PURPOSES
SHALL BE DEEMED TO BE COPYRIGHTED BY DATACAST. NO PORTION OF THE SERVICE,
INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT AND/OR TRADEMARK NOTICE
CONTAINED IN THE SERVICE, SHALL BE ALTERED, DELETED, AMENDED OR MODIFIED
IN ANY MANNER WHATSOEVER.
THE SERVICE IS TO BE RECEIVED BY SUBSCRIBER ON ONE (1) WIRELESS DEVICE.
THE SERVICE, INCLUDING ALL PORTIONS THEREOF, MAY NOT BE COPIED, DISTRIBUTED,
PUBLISHED, REWRITTEN, BROADCAST, SOLD, RESOLD OR EXPLOITED FOR COMMERCIAL
ANY UNAUTHORIZED USE, DISCLOSURE, REPRODUCTION, DISPLAY, RESALE OR
COMMERCIAL EXPLOITATION OF ANY MATERIALS CONTAINED IN THE SERVICE
MAY VIOLATE COPYRIGHT LAW, TRADEMARK LAW, THE LAW OF PRIVACY AND PUBLICITY,
AND COMMUNICATIONS REGULATIONS AND STATUTES.
4. TERMINATION OF SERVICE
DATACAST retains the right to terminate this Agreement and rights
to use the Service at any time without notice.
5. ACCURACY OF SERVICE
DATACAST attempts to provide accurate information in the Service.
However, DATACAST and its sources of data shall in no event be liable
to Subscriber or to any third parties for any errors, omissions, delays
or inaccuracies in the information provided in the Service. DATACAST
and its sources of data shall in no event be liable to Subscriber
or to any third parties for any consequential, punitive, special,
or indirect or any other damages arising from the availability, use
or reliance upon the Service, or any part thereof, whether in contract,
tort or otherwise, even if advised of the possibility of such damages.
6. CHANGES TO SERVICE
DATACAST is free to change the Service's categories, content, and
format without notice.
7. REVISIONS TO THIS AGREEMENT
DATACAST may, at any time, revise this Agreement by updating this
posting. By using this Service following the posting of any changes
to this Agreement, you agree to be bound by any such revisions and
should therefore periodically visit this page to determine the then
current Agreement to which you are bound. This Agreement is not subject
to modification, except in writing by DATACAST in its sole discretion.
The invalidity or unenforceability of any provision, paragraph, or
portion of this Agreement shall not affect the validity or enforceability
of any other provision, paragraph or portion hereof. To the extent
permitted by applicable law, the parties waive any provisions of law
that renders any provision, paragraph, or portion of this Agreement
invalid, illegal or unenforceable in any respect. It is expressly
agreed that each provision of this Agreement which provides for a
limitation of liability, disclaimer, or warranty or exclusions of
damages is intended by the parties to be severable and independent
of any other provision and is to be enforced as such. Further, it
is agreed if any remedy hereunder is determined to have failed in
its intended purpose, all limitations of liability and exclusions
of damages set forth herein shall remain in effect.
Subscriber agrees to pay and reimburse DATACAST for any and all fees,
costs and expenses (including without limitation reasonable attorney's
fees, court costs, collection fees, and appellate fees and costs)
incurred in connection with DATACAST exercising its rights to enforce
compliance with the terms and conditions as set forth hereunder.
Subscriber, individually and on behalf of any unauthorized recipient
the Service, specifically agrees that any litigation brought by DATACAST
to enforce the terms of this Agreement, jurisdiction and venue shall
be in Palm Beach County, Florida and/or in the United States District
Court in and for the Southern District office of Florida.
11. NO WARRANTY
DATACAST MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE PROVIDED HEREUNDER.
DATACAST SHALL HAVE NO LIABILITY ARISING FROM NEGLIGENCE, ERRORS,
OMISSIONS, INTERRUPTIONS, OR DELAYS IN THE SERVICE PROVIDED BY DATACAST,
INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR LOST PROFITS OR REVENUE,
DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL
DATACAST may sell, assign, transfer this Agreement and Subscriber
agrees that the new Service provider shall have the same rights and
benefits agreed to hereunder.
DATACAST is a registered trademark of A.M. Communications Specialists,
Inc. All Rights Reserved.