Visitor Agreement

(en Español)

Introduction

Welcome to the CLEARWIRE US LLC web site. This web site is a service of CLEARWIRE US LLC, and its affiliates (”CLEAR”). By using this web site, you agree to the terms of this visitor agreement (”Visitor Agreement”). You should read this Visitor Agreement carefully. If you don’t accept the terms of this Visitor Agreement, please don’t use the CLEAR web site. Each time you use this web site in the future, you agree to the terms of the Visitor Agreement as it exists at the time of your use.

Use

You may view, copy or print pages from this site solely for personal, non-commercial purposes, provided that you maintain all copyright notices, trademark legends and other proprietary rights notices. Any other use is prohibited. You may not use, modify, copy, print, display, reproduce, distribute or publish any information from this site for any other purpose without CLEAR’s written permission. CLEAR may make changes to this site or to the services or products described in this site at any time, without notice.

You shall not use this web site in any way that, as determined by CLEAR in its sole discretion, violates any applicable law or any third party’s intellectual property or other proprietary rights, or that restricts or inhibits any other user from using this web site. You shall not post on or transmit through this web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically objectionable, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.

Any conduct, communication, or content that, in the sole discretion of CLEAR, (i) violates applicable law or (ii) is harmful or objectionable to individual users or to CLEAR, or (iii) infringes any rights of CLEAR or any third party, is prohibited. We cannot ensure prompt removal of questionable content after online posting, however. CLEAR and its representatives do not assume liability for any action or inaction with respect to conduct, communication, or content on this web site.

Enforcement and Notice

In connection with the prohibited uses of this web site that are set forth in the “Use” section above, CLEAR reserves the right to act immediately and without notice to restrict, suspend or terminate your use of this web site (and/or, if you are a customer of CLEAR, to suspend or terminate your CLEAR-provided Internet service), if CLEAR reasonably determines that your conduct may: (1) expose CLEAR to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of this web site; (3) interfere with the use of this web site by any other CLEAR customer, web site user, or other individual; (4) violate any applicable law, rule or regulation, including without limitation copyright or any other infringement; or (5) otherwise present an imminent risk of harm to CLEAR or its customers or any other users of or visitors to this web site.

Purchase of Service

All purchases and use of services or products through the CLEAR web site are governed by our CLEAR Terms of Service, our Acceptable Use Policy, and other policies set forth on our legal web page. Please read them before making a purchase or any use. To learn more about CLEAR services and products, you can visit our web site, or call us at 888-888-3113 (888-253-2794) (U.S. only). You can also visit a retail store that offers CLEAR services and products.

No Guarantee of Reliability or Security

We try to provide accurate information through our web site, but we do not guarantee, and are not responsible for, information you find on our web site. CLEAR does not endorse any particular third parties, or their sites, merely because we provide a link to their web site.

CLEAR uses reasonable precautions to protect the privacy of your personal information, such as credit card and other ordering information, but CLEAR does not guaranty the security of your information. CLEAR utilizes a Secure Socket Layer (”SSL”) connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to the CLEAR order processing system. If your browser does not support the use of an SSL connection or if you prefer not to send your credit card number over the Internet, you can place your order by calling CLEAR toll free at 888-888-3113 (888-253-2794) (U.S. only). You must protect your username and password. Please log off before closing the browser window if you access your account from a public computer.

To obtain access to certain services through the CLEAR web site, you may be given an opportunity to register with CLEAR. As part of any such registration process, you will select a member name and password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register using a fictitious name or under the name of, nor attempt to enter our site under the name of, another person. CLEAR reserves the right to reject or terminate any member name that it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify CLEAR at Customer Care of any known or suspected unauthorized use of your account.

Ownership of Information

“CLEAR” and our logo are registered trademarks of Clearwire Corporation and/or its affiliates. All other trademarks, product names, and company names and logos appearing on this web site are the property of their respective owners. You must obtain permission from those owners before copying or using the owner’s trademarks, product names and company names and logos.

The text, information, data, software (including source code and object code), photographs (and other images), graphs, charts, tables, videos, graphics (including custom graphics), music, sounds, page headers, button icons, and other materials contained in this web site (collectively, the “Content”) are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. In addition, this web site is copyrighted under the U.S. and any other applicable copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

Content Submissions

Certain portions of this web site allow you to post or upload comments, messages, materials, information, or other content (collectively, ‘User Generated Content’). CLEAR has no obligation to review User Generated Content posted and/or submitted by any persons accessing this web site. CLEAR is not in any manner responsible for User Generated Content, it does not guarantee the accuracy, integrity or quality of User Generated Content, and it cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on this web site. You acknowledge that by providing you with the ability to access and view User Generated Content on this web site, CLEAR is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on this web site. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of CLEAR.

You acknowledge and agree that CLEAR has the absolute right, but not the obligation, to monitor User Generated Content posted to this web site in its sole discretion. In addition, CLEAR reserves the right to alter, edit, refuse to post, or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that CLEAR does not have any obligation to use or respond to any User Generated Content.

You may not post or otherwise distribute User Generated Content to this web site which CLEAR in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any of CLEAR’s other rights, illegal, or otherwise objectionable to CLEAR. You may not upload commercial content on this web site or use this web site to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this web site. You shall indemnify and hold CLEAR harmless with respect to all claims resulting from User Generated Content you supply.

Your User Generated Content is not confidential or proprietary. When you post User Generated Content to this web site, you authorize CLEAR to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Generated Content on this web site. You grant to CLEAR a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to use, reproduce, distribute, transmit, create derivative works, publicly display any of your User Generated Content in any manner or media now or later known, including but not limited to the right to sublicense and assign and commercialize the User Generated Content without any compensation due to you. CLEAR does not assert any ownership over your User Generated Content; rather, as between CLEAR and you, subject to the rights granted to CLEAR in this Visitor Agreement, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.

You agree that you shall immediately notify CLEAR in writing of any objectionable content appearing on this web site. CLEAR will make good faith efforts to investigate allegations that any User Generated Content violates this Visitor Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content. Any use of any content on the Website, including without limitation User Generated Content, will be at your own risk.

Notice and Procedure for Making Claims related to Copy right Infringement with Respect to Transitory Digital Network Communications

See Notice and Procedure for Making Claims of Copyright Infringement (Transitory).


Notices and Procedure for Making Claims of Copyright Infringement with Respect to Clearwire Hosted Content.

The Digital Millennium Copyright Act (”DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that there are materials hosted by CLEAR that infringe your copyright (e.g., in messages posted on the CLEAR support forums), then you (or your agent) may send CLEAR a notice requesting that the material be removed or that access to such material be blocked. Pursuant to Title 17, United States Code, Section 512(c)(2),notifications of claimed copyright infringement should be sent to CLEAR Designated Agent (as listed below) and must include the following information:

1. 1. A physical or electronic signature (i.e. of a person authorized to act on behalf of the copyright owner) of an exclusive right that allegedly is being infringed;
2. 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on this web site are covered by a single notification, a representative list of the copyrighted works on the web site that are claimed to have been infringed;
3. 3. Identification of the material which is claimed to be infringing (or to be the subject of infringing activity) and which the complaining party seeks to have be removed or to which the complaining party seeks to have access disabled, and information reasonably sufficient to permit CLEAR to locate the material on the web site;
4. 4. The proper name, address, telephone number, and email address (if available) at which the complaining party may be contacted;
5. 5. A statement that the complaining party possesses a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that allegedly is being infringed

CLEAR Designated Agent: Ryan Carpenter
CLEARWIRE US LLC
Attn: Legal Department
4400 Carillon Point
Kirkland WA 98033
(425) 216-7583 (phone)
425.216.7900 (fax)
copyrightinquiries2@clearwire.com

If you believe in good faith that a notice of copyright infringement has been wrongly filed by a third party against you, then the DMCA permits you to send CLEAR a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for the then-current version of the DMCA. All notices and counter-notices should be sent to CLEAR’s Designated Agent. Any notices or counter-notices sent elsewhere will not receive a response. ALL INQUIRIES SENT TO CLEAR’S DESIGNATED AGENT THAT ARE NOT RELATED TO COPYRIGHT INFRINGEMENT AND/OR DO NOT MEET THE DMCA REQUIREMENTS WILL NOT RECEIVE A RESPONSE.

No Warranties

THE INFORMATION PROVIDED AT OR THROUGH THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CLEAR NOR IT AFFILIATES OR LICENSORS WARRANT THAT THIS WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

This web site may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons within and outside of the direct control of CLEAR. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the accuracy of information obtained through this web site. Although CLEAR employs security measures, CLEAR cannot guarantee the security of this web site or information provided through this web site, or that viruses, worms, trojan horses or other code that manifests contaminating or destructive properties will be detected or remediated by CLEAR.

Limitations on CLEAR’s Liability

NOTWITHSTANDING ANYTHING ELSE IN THIS VISITOR AGREEMENT, NEITHER CLEAR NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE OR OBLIGATED UNDER THIS VISITOR AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THIS WEB SITE OR ACCESS TO THE INTERNET, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEB SITE OR STORAGE OF YOUR DATA.

These limitations apply whether the claim is based on breach of contract, breach of warranty, negligence, product liability, or any other basis, and apply whether or not CLEAR was informed of the likelihood of any particular type of damages. If you are dissatisfied with this web site, or if you have any other dispute with CLEAR relating to this web site, then your sole and exclusive remedy is to discontinue using this web site. Some of the disclaimers and exclusions in this Visitor Agreement may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of CLEAR shall be limited to the greatest extent permitted by law.

Miscellaneous

This Visitor Agreement has been made in and will be construed in accordance with the laws of the State of Washington. By using the CLEAR web site, you consent to the exclusive jurisdiction of the state and federal courts in Washington, in all disputes arising out of or relating to this Visitor Agreement and your use of the CLEAR web site. Any cause of action or claim you believe you may have with respect to the CLEAR web site or any CLEAR service or product obtained through the CLEAR web site must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Visitor Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Visitor Agreement.

We reserve the right to suspend service or deny access to our site for any reason. Neither such termination of access, nor any action or inaction by you or any other user of this web site, shall suspend or terminate your obligations under this Visitor Agreement.

Please send your questions, comments or concerns about our site to support@clearwire.com.

© 2012 CLEAR Wireless LLC. All rights reserved.

Last updated: June 24, 2010