You have accessed the web
site at www.globalccf.org (the "site")
of the CDMA Certification Forum (referred to below as "CCF,"
"we," "our"
and "us"), a not-for-profit organization
organized under the laws of the State of California, U.S.A.
Your use of our site means that you accept and are legally
bound by the following terms (our "Terms of Use")
and our Privacy Statement [insert link]. If you do not wish
to accept our Terms of Use or our Privacy
Statement, do not submit any information and leave this
site immediately.
Membership in CCF is subject to a separate membership application
process, membership agreement, intellectual property rights
policy, and other requirements (collectively, the "CCF
Membership Documents"). If any part of these
Terms of Use conflicts with the CCF Membership Documents,
the CCF Membership Documents will prevail. Some parts of this
site may be available only to members of CCF. More information
about joining CCF can be found here.
Account Access
You will not misuse or abuse account access and any
passwords used to access any parts of this site. You will
not disclose your password to anyone else, and you will protect
its secrecy.
Typographical Errors
We may, from time to time, offer goods or services for a charge
through this site. If any price, such as membership or event
registration fees, is listed incorrectly, we may reject any
application, renewal, registration or other order placed at
the incorrect price. If your credit card has already been
charged the incorrect amount, we will credit your credit card
account to correct the error.
Transaction Acceptance Policy
Your receipt of an acknowledgement (whether in electronic
or other form) of any application, registration request, or
other order (each a "Request")
that you submit to us through our site does not signify our
acceptance of such Request. Only your receipt of our written
acceptance of your Request constitutes acceptance of the Request.
We reserve the right to decline your Request for any reason.
We may require additional verifications or information before
accepting any Request.
Sales Taxes
You are solely responsible for, and agree to make timely payment
of, any sales taxes or other taxes that may be levied in your
home jurisdiction on any membership or registrations fees,
or any other amounts that you pay through our site.
Links to other sites
Our site may link to other sites or contain advertisements
that are provided by third parties. We have no control over
such third party sites or advertisements and do not guarantee,
represent or warrant that their content is accurate, legal,
or inoffensive. We do not endorse any information, products
or services provided by third parties, and make no warranties,
express, implied or otherwise, with respect to third party
sites or advertisements, or any information, goods or services
offered by third parties. We are not responsible or liable
for any transactions you may enter into through or in connection
with any third party sites or advertisements. All such transactions,
and your use of third party sites, are solely at your own
risk.
Violation of the Terms of Use
If we believe that you have used our site in a manner that
is inconsistent with these Terms of Use, or that you have
violated our rights or the rights of any third party, or any
applicable law or regulation, we may immediately terminate
your access to our site and to any services offered on our
site, without prior notice and at our sole discretion. Violation
of these Terms of Use could make you subject to criminal or
civil penalties.
Account Access
We respect and seek to protect the privacy of all users of
our site. Our current Privacy
Policy is part of these Terms of Use.
Feedback
We welcome all comments and feedback (“feedback”)
you may wish to submit to us. Your feedback shall be considered
non-confidential and we shall be free to use your feedback
on an unrestricted basis. By submitting your feedback to us,
you agree to give us a perpetual, irrevocable, royalty-free,
and worldwide license, under all copyrights and any other
intellectual property rights in or underlying your feedback,
to use your feedback in any manner that we see fit.
Restrictions
You must be 18 years or older and have a valid credit card,
with full authority to use it, to submit any Request or payment
through this site. You agree not to use this site or any content
contained in it for any illegal or inappropriate activities.
Trademarks
Certain trade names, trademarks, service marks, or other designations
of origin (collectively, "marks")
appear on our site. You may not use any CCF mark unless you
have received our prior written permission. You may not use
any third party mark that appears on our site unless you have
received prior written permission from the third party who
is authorized to give such permission.
Ownership of Intellectual Property Rights
Our site is owned and operated by us. Unless otherwise specified,
all materials appearing on our site, including the text, site
design and underlying computer code, data, graphics, logos,
marks, icons and images, as well as the selection, assembly
and arrangement thereof (collectively, our "content"),
and the software, hardware or other technology used to operate
or underlying our site, and all patent, trade secret, know-how,
copyright, trademark, or service mark, data right or other
proprietary rights therein (collectively, "IP"),
are the sole property of CCF or our licensors or content providers.
We rigorously protect our IP and respect the IP of third parties.
Our content is protected by U.S. and international copyright
and other intellectual property laws. You may view, download,
print and retain a single copy of individual pages of our
site for your own personal use only, provided that you keep
intact all copyright and other proprietary notices. Except
as expressly provided in this paragraph, you may not use,
download, upload, copy, print, display, perform, reproduce,
republish, license, post, transmit or distribute any of our
content in whole or in part without our prior written permission.
If you wish to request permission to reprint or reproduce
any of our content, you may contact us at info@globalccf.org.
All rights not expressly granted in these Terms of Use are
reserved to us or our licensors or content providers.
Posting and take-down policy
We may from time to time offer site features that enable users
to upload, post or otherwise display content on our site (a
"posting"). We do not guarantee
that we will accept, retain or continue to display any posting,
and we reserve the right in our sole discretion to remove
any posting from our site without notice to you.
By submitting a posting to us, you grant us an irrevocable,
fully paid-up, royalty-free, world-wide, and perpetual license
to use your posting, and you represent and warrant that your
postings do not violate any duty of confidentiality, or IP
rights of any third party, and that your postings are not
defamatory, illegal, obscene, pornographic, discriminatory,
or threatening or harassing to anyone.
What to do if you believe a posting on our site infringes
your copyright
If you believe that a posting on our site infringes your copyright
(or the copyright of a third party that you are authorized
to represent), please send a letter or e-mail to the "copyright
notice agent" designated below, that:
- identifies the material that you believe is infringing;
- states that you have a good faith belief that the use
of the that material on our site is not authorized by the
copyright owner, his/her agent, or applicable laws;
- tells us where on our site you saw the allegedly infringing
material;
- gives us accurate information that will allow us to contact
you, such as your address, telephone number, or e-mail address;
- states that the information in your e-mail or letter is
accurate, and that, under penalty of perjury, you are the
owner of the copyright that is allegedly infringed, or are
duly authorized to act on behalf of the owner.
Our copyright notice agent can be contacted as follows:
By physical mail:
Att: Copyright Notice Agent
CDMA Certification Forum™ (CCF)
c/o Juan Zuniga
Heller Ehrman
4350 La Jolla Village Dr.
7th Floor
San Diego, CA 92122-1246 U.S.A.
By e-mail:
info@globalccf.org
If you have a complaint relating to confidential information
or intellectual property rights other than copyright, you
may send your complaint to our copyright notice agent as set
out above.
Disclaimers
THE FOLLOWING DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW: WHILE WE TRY TO PROVIDE ACCURATE, UP-TO-DATE
INFORMATION, ANY INFORMATION ON OUR SITE MAY BE OUT OF DATE
OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE
AND THE MATERIALS THEREIN ARE PROVIDED SOLELY “AS IS”
AND “AS AVAILABLE.” WE DO NOT PROMISE THAT OUR
SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE
OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT,
SEARCH FEATURE OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE DISCLAIM ALL REPRESENTATIONS,
GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH
RESPECT TO (I) OUR CONTENT OR (II) ANY PRODUCTS, EVENTS OR
SERVICES OFFERED THROUGH OUR SITE; INCLUDING BUT NOT LIMITED
TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT THE OPERATION
OF OUR SITE WILL BE UNINTERRUPTED OR VIRUS-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU
MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
THE FOLLOWING EXCLUSIONS AND LIMITATION OF LIABILITY APPLY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: CCF'S TOTAL
LIABILITY FOR ANY EVENT, SERVICE OR PRODUCT OFFERED THROUGH
OUR SITE SHALL BE LIMITED TO THE AMOUNT THAT CCF ACTUALLY
RECEIVED FROM YOU FOR SUCH EVENTS, SERVICES OR PRODUCTS. EXCEPT
AS EXPRESSLY SET FORTH HEREIN, CCF GLOBAL INSTITUTE, AND ITS
DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES, SHALL
NOT BE LIABLE FOR ANY DAMAGES ARISING FROM (I) ANY EVENT,
SERVICE OR PRODUCT OFFERED THROUGH OUR SITE, OR (II) THE OPERATION,
CONTENT OR USE OF, OUR SITE. YOU AGREE THAT THIS LIMITATION
OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF
ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY,
SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA, OR USE, INCURRED
BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT
OR TORT, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF,
THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Applicable Law
You agree that any legal action brought in connection with
these Terms of Use, the use of our site, or any transactions
relating to our site, shall be solely and exclusively governed
by and resolved under the laws of the State of California,
U.S.A., without applying any law that would result in the
application of a different body of law. The U.N. Convention
for the International Sale of Goods is expressly excluded.
You agree that the sole and exclusive jurisdiction and venue
for any dispute arising in connection with these Terms of
Use, the use of our site, or any transactions relating to
our site, shall be the federal or state courts located in
San Diego County, California, U.S.A. Notwithstanding anything
herein express or implied to the contrary, we reserve the
right to seek injunctive relief and enforce judgments in any
court of competent jurisdiction, wherever located. We make
no representations that the content in our site is appropriate
for access outside of the U.S.A. Those who choose to access
our site from outside the U.S.A. do so on their own initiative
and are responsible for compliance with local laws. If any
provision within these Terms of Use is held to be invalid
or unenforceable, such provision shall be struck and all remaining
provisions shall be enforced.
Indemnity
You shall indemnify, defend and hold CCF, and our affiliates,
officers, directors, agents and employees, harmless from and
against any claim, demand, loss, damages, cost or liability
of any kind, including reasonable attorneys’ fees: (i)
relating in any way to your breach of these Terms of Use,
or your use of our site or our content, or (ii) arising in
connection with a claim that any posting submitted by you
to us violates or infringes any third party's right or applicable
law or regulation.
Entire Agreement
These Terms of Use and our Privacy
Statement, which is hereby incorporated into and made
part of these Terms of Use, sets forth the sole, final and
entire agreement and understanding of you and us relating
to the subject matter contained herein and merges all prior
discussions and agreements between you and us.
How to Contact Us
If you have any comments or questions, please contact us at
info@globalccf.org or write to us at:
CDMA Certification Forum™ (CCF)
c/o Juan Zuniga
Heller Ehrman
4350 La Jolla Village Dr.
7th Floor
San Diego, CA 92122-1246 U.S.A.
Changes to these Terms of Use
We reserve the right to change, modify, add or remove portions
of these Terms of Use at any time, but will alert you that
changes have been made by indicating on these Terms of Use
the date they were last updated. When you visit this site,
you are accepting the current version of these Terms of Use
as posted on the site at that time. We recommend that users
re-visit these Terms of Use on occasion to learn of any changes.
Last revised: May 9th, 2005. |
