Terms

RFguys.com TERMS OF USE

You are accessing a website (the "
Site") provided by RFguys.com ("RFguys"), which will give you access to valuable nonpublic information pertaining to proprietary radio communication equipment and associated intellectual property, documentation and software. Your access to this site is made possible through a license between RFguys and its liscensors (the "License Company"). The Site and the Applications and Content (as defined below) are not available to competitors of RFguys, and competitors of RFguys are not authorized to use or access the Site, the Applications or the Content, whether or not authorized by License Company. Furthermore, by viewing or entering the website, you are certifying that you are not a competitor and that you will not be sharing the Site or the Applications or the Content (as defined below) with a competitor of RFguys.

These Terms of Use govern your access to and use of the RFguys site search and/or compatibility guide application (the "
Applications") and any data, reports, information, text, graphics, or other materials accessible on or through the Applications (the "Content"), whether through the Site or otherwise. By accessing or using the Site, Applications and/or Content you agree to be bound by these Terms of Use. In the event that you access the Applications and/or Content pursuant to any agreement between RFguys and License Company, then your access to and use of the Applications and Content are subject to that agreement and these Terms of Use. In the event of any conflict between these Terms of Use and such a separate agreement, the terms and conditions of the separate agreement will prevail and govern.

Guard Your Password
The password that you use to access the Site, Applications and Content are personal to you. You may not share or disclose your password with anyone, whether within your organization, License Company or otherwise. You are responsible for safeguarding the password, and you agree not to allow any third party to access and use the Site, Applications and/or Content using your password. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify RFguys of any unauthorized use of your password.

Your Use of the Applications and the Content
RFguys authorizes you to access and use the Applications and Content solely for License Company's internal business purposes and subject to these Terms of Use. You will not permit any third party to access and use the Applications and/or Content, or distribute any Content to any third party other than as authorized by License Company consistent with its obligations to RFguys.

RFguys Property
All right, title, and interest in and to the Applications and Content are and will remain the exclusive property of RFguys, its licensees and licensors. Except as expressly permitted in these Terms of Use or as authorized by License Company consistent with its obligations to RFguys, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Applications or Content.

General Prohibitions
You agree not to do any of the following:
  • Use any Content, including any personally identifiable information included within the Content, in violation of any rights of any third parties, including such rights arising under any applicable privacy policies or agreements;
  • Use any Content in violation of any applicable law or regulation;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Applications or Content;
RFguys will have the right to investigate and prosecute violations of any of the above. RFguys may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that RFguys has no obligation to monitor your access to or use of the Applications or Content, but has the right to do so for the purpose of providing the Applications and Content, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Termination
If you violate any of these Terms of Use, your permission to use the Applications and Content will automatically terminate.

Use the Applications and Content at Your Own Risk
Your access to and use of the Applications and Content is at your own risk. RFguys will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Applications or Content.

The Applications and Content are Provided "AS-IS"
THE APPLICATIONS AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RFguys EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

RFguys MAKES NO WARRANTY THAT THE APPLICATIONS OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RFguys MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE APPLICATIONS OR CONTENT.

Indemnity
You agree to defend, indemnify, and hold harmless RFguys, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of your violation of these Terms of Use.

Limitation of Liability
RFguys WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APPLICATIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RFguys HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action arising under these Terms of Use or related thereto will be the provincial and federal courts located in British Columbia, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.