- Agreement to Terms - CDMA Development Group ("we", "us",
or "CDG") provides access and use of this Web site, located at cdg.org
(the "Site") subject to your agreement to all terms, conditions,
and notices contained or referred to herein (the "Terms"). Please
read these Terms carefully before accessing or using the Site. By accessing
or using the Site, you agree to be bound by these Terms. If you do not agree
to these Terms, please do not use this Site. The Terms, as well as the Site
(and information contained within the Site) may be updated or revised from
time to time without notice to you. You agree to periodically review these
Terms, and your continued access to, or use of, the Site shall constitute
your acceptance of such updates and/or revisions.
- Contact Information - If asked to provide your e-mail address during
your use of the Site, you will provide an accurate and complete e-mail address.
- Use of Information and Message Boards - Third parties may provide
certain information, materials, products, services, data, text, software,
graphics, sound, photographs, video, messages, etc. ("Content")
on the Site. Although we believe that such Content comes from trustworthy
sources, we do not sponsor, endorse, recommend, or license any such third-party
Content. You should directly contact the third parties and/or their references
for the most accurate information.
- Professional Advice - Neither we, nor our Content sources, nor our
users are engaged in giving legal, medical, counseling or other professional
services or advice in this Site.
- Site Conduct - You agree to abide by the following rules:
(a) you may not upload, post, transmit, or otherwise distribute
or facilitate distribution of Content that:
(b) you may not interfere with other users' use of the Site;
(i) is unlawful, harassing, libelous, defamatory, obscene, fraudulent,
harmful, threatening, abusive, hateful, that violates the property rights
of others (including without limitation infringing use of a copyright,
patent, trademark, or trade secret), that violates the privacy or publicity
right of others, that contains graphic descriptions or accounts of sexual
acts (including but not limited to sexual language of a violent or threatening
nature) or is otherwise objectionable in our sole discretion;
(ii) victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
(iii) constitutes advertising, junk or bulk e-mail (also known as "Spamming")
chain letters, any other form of unauthorized solicitation, or any form
of lottery or gambling; or
(iv) contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit
the functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to data or other information
of any third party.
(c) you may not use the Site to conduct any activity that is illegal
or that violates the rights of others;
(d) you may not use the Site to advertise or sell products or
services to others;
(e) you may not impersonate any person or entity, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
(f) you may not post or transmit Content that you do not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, confidential information, etc.);
(g) you may not post Content to the Site unless the Content is
freely owned by you or used with the permission of all other persons with
any rights in the Content; and
(h) you may not use the Site to collect or store personal data
about other users.
- Removal of Content - We do not pre-review, monitor, or edit Content
posted to the Site by any third party. We are not responsible for the accuracy
of any Content on the Site. If you believe that any Content posted on the
Site is infringing, defamatory, or otherwise violates the Terms, please contact
us immediately. We reserve the right in our sole discretion to delete any
Content submitted to or appearing on the Site, however, we are not responsible
for any failure or delay in removing such Content.
- Submission of Content - If you submit Content to the Site, you grant
to us, or warrant that the owner of such Content has expressly granted to
us, a worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive
and fully sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part) and to incorporate such Content in
other works in any form, media, or technology now known or later developed.
- Internet Links - The Site may provide, or third parties may provide,
links to other Internet sites. We do not endorse, and are not responsible
for, any such sites or the information, material, products or services contained
on or accessible through those sites. You acknowledge that we shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of, or reliance upon,
any such information, material, products, or services.
- Third Parties - Your correspondence or business transactions with,
or participation in promotions of, third parties found on, or e-commerce through,
the Site and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such third party. You agree
that we shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such transactions or as the result of the presence
of such third parties on the Site.
- DISCLAIMER OF WARRANTIES
ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR
YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE,
OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SITE WILL MEET YOUR REQUIREMENTS
OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SITE WILL BE SATISFACTORY;
OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO
NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, GOVERNING BOARD, OFFICERS,
AGENTS, EMPLOYEES, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE CANNOT GUARANTEE, AND
WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE TIMELINESS,
ACCURACY, OR COMPLETENESS OF THE CONTENT. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
- Indemnification - You agree to indemnify, defend and hold harmless
us, our affiliates, governing board, officers, agents, employees, partners,
and suppliers from any liability, loss, claim, demand, and expense (including
reasonable attorneys' fees) related to (a) your use of the Site; (b) your
violation of these Terms; or (c) your posting of Content to the Site. We reserve
the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which you will
cooperate with us to the fullest possible extent.
- Modifications to Site - We reserve the right to, from time to time,
discontinue or modify, temporarily or permanently, the information, services,
products, and/or other Content on the Site with or without notice.
- Use and Storage of Content on the Site - We may establish general
practices and limits concerning the use of the Site, including without limitation,
the maximum number of days that Content will be available on, or retained
by, the Site. We, in our sole discretion, reserve the right to change these
general practices and limits at any time.
- Ownership of Content - All information and Content on the Site, as
well as the organization and layout of the site, other than Content posted
by you, is owned and copyrighted by us, our suppliers, or other Site users.
This Site is protected by the copyright laws of the United States of America,
17 U.S.C. Sections 101 et seq. and the laws other jurisdictions as applicable.
Except as expressly authorized by us, you may not copy, distribute, resell,
display, sublicense or create derivative works based on any such information
or Content from the Site, in whole or in part.
- Trademark Notice - The trademark cdmaOne is the exclusive property
of CDG and may not be used in any way except as specifically permitted in
accordance with these Terms or pursuant to CDG's express written consent.
In addition, the names, trade names, trademarks and service marks of third
parties may appear on this Site from time to time. All such names, trade names,
trademarks, and service marks are proprietary to their respective owners and
may be used only with the express written permission of their respective owners.
- Termination - We may, in our sole discretion, with or without notice,
suspend or terminate your use of this Site, and remove and discard any Content
on the Site, for any reason (including, without limitation, for a violation
of the Terms). We may also bar you from any future access to the Site. We
will not be liable to you for any such suspension, termination or prohibition
on future access. Should you object to any subsequent modifications of the
terms and conditions of these Terms, your sole recourse will be to immediately
notify us of your termination of these Terms, which termination will be effective
immediately. To the extent permitted by applicable law, the terms and conditions
of these Terms will survive any termination of these Terms.
- Notices - Any notices to you by us may be made by either e-mail or
- General Provisions - These Terms constitute the entire agreement
between you and us and govern your use of the Site, superceding any prior
agreements between you and us regarding the Site (including, but not limited
to, any prior versions of these Terms). These Terms and the resolution of
any dispute related to these Terms or the Site shall be governed by and construed
in accordance with the laws of the State of California, without giving effect
to any principles of conflicts of law of that or any other jurisdiction. Our
failure to insist upon strict enforcement of any provision of these Terms
shall not be construed as a waiver of any provision or right. If any provision
of these Terms is held to be invalid or unenforceable, the remaining provisions
of these Terms will be enforced in accordance with their terms. The section
headings in these Terms are for convenience only and have no legal or contractual
effect. Regardless of any statute or law to the contrary, you hereby waive
your right to bring any claim against us more than one year after such claim
- Consent to Jurisdiction and Venue - You hereby agree that the exclusive
jurisdiction and venue for any claim or action arising out of or relating
to these Terms or your use of the Site shall be the state or federal courts
located in Los Angeles, California, and you further agree to the exercise
of personal jurisdiction of such courts for the purpose of litigating any
such claim or action.