Approved January 13, 2023
4. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
If you choose, or are provided with, a username, password, or any other piece of information as part of ARDC’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ARDC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The ARDC name and all related names, logos, service names, designs, and slogans are trademarks of ARDC or its affiliates or licensors. You must not use such marks without the prior written permission of ARDC. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. PROHIBITED USES
7. USER CONTRIBUTIONS
The Website may contain message boards, personal profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
ARDC is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
8. MONITORING, ENFORCEMENT, AND TERMINATION
However, ARDC does not review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, ARDC assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. ARDC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. CONTENT STANDARDS
These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws, and regulations.
10. COPYRIGHT INFRINGEMENT
ARDC will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow ARDC to locate that material; (iv) adequate information by which ARDC can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Our designated agent to receive DMCA Notices and Counter Notices is:
Northwest Registered Agent, Inc.
Amateur Radio Digital Communications
2108 N St, Suite N
Sacramento, CA 95816-5712
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is ARDC’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
11. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. ARDC does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. ARDC disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ARDC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ARDC. ARDC is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. ARDC has no control over the contents of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. CHANGES TO THE WEBSITE
ARDC may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
14. DISCLAIMER OF WARRANTIES
You understand that ARDC cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent provided by law, ARDC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither ARDC nor any person associated with ARDC makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither ARDC nor anyone associated with ARDC represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. To the fullest extent provided by law, ARDC hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
15. LIMITATION ON LIABILITY
To the fullest extent provided by law, in no event will ARDC, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
17. GOVERNING LAW AND JURISDICTION
19. LIMITATION OF TIME TO FILE CLAIMS
20. WAIVER AND SEVERABILITY
21. ENTIRE AGREEMENT
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.
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