Applicability and Acceptance of Terms and Conditions of Use
Except as otherwise set forth herein, these General Terms and Conditions of Use ("Terms ") govern your use of the Southern Communications Services, Inc. d/b/a SouthernLINC Wireless ("SouthernLINC Wireless") web site (the "Site"). By accessing and using the Site, you acknowledge that you have read and agree to these Terms. If you do not agree to be bound by these Terms, please exit and discontinue your use of the Site immediately.
These Terms do not govern services available from SouthernLINC Wireless (even those services that may be ordered or provided by SouthernLINC Wireless through this Site) to the extent that any specific terms and conditions apply to such services. Those services are instead governed by the specific agreements, policies, instructions, statements and regulations relating to such services, and such governing documents will control in the event of a conflict with these Terms or any material contained on the Site.
Revisions to Terms
Please refer to these Terms regularly. SouthernLINC Wireless may at any time and without prior notice revise the Terms by updating this posting. Your continued use of the Site following posting of changes to the Terms signifies that you accept these changes.
All content included on the Site is the property of SouthernLINC Wireless or its affiliates and is protected by copyright law. You may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the contents of the Site or any related software without the prior written consent of SouthernLINC Wireless.
The name "SouthernLINC Wireless" and the graphics and logos displayed on the Site are the property of or have been licensed by SouthernLINC Wireless and may not be used without the prior written permission of SouthernLINC Wireless. SouthernLINC Wireless does not permit the use of its name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without SouthernLINC Wireless' prior written approval.
THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND SERVICES MADE AVAILABLE ON THE SITE, IS PROVIDED "AS IS." SouthernLINC Wireless AND ITS AFFILIATES, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OR SERVICES OF THE SITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEB SITES. SouthernLINC Wireless AND ITS AFFILIATES, EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, SouthernLINC Wireless DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE INCLUDES INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE SouthernLINC Wireless DESIRES THAT THE INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION. SouthernLINC Wireless DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION.
Certain matters discussed on the Site may be forward-looking statements within the meaning of the federal securities laws and are subject to uncertainties and risks. These uncertainties and risks include, but are not limited to, general and local economic conditions, local wireless service conditions, the activity of others developing competitive projects, the cyclical nature of the wireless service industry, the financial condition of existing customers, interest rates, the ability of SouthernLINC Wireless to obtain favorable financing, environmental matters, the effects of terrorism, the failure of assets under contract for sale to ultimately close and other risks detailed from time to time by SouthernLINC Wireless in its filings with the Securities and Exchange Commission. The words "believes," "expects," "estimates" and similar expressions are intended to identify forward-looking statements. Although SouthernLINC Wireless believes that its plans, intentions and expectations reflected in such forward-looking statements are reasonable, future events and actual results, financial and otherwise, may differ materially from those indicated in any forward-looking statement. Such forward-looking statements are based on current expectations and speak only as of the date of such statements. SouthernLINC Wireless expressly disclaims any obligation to update or revise any forward-looking statement, whether as a result of future events, new information or otherwise.
SouthernLINC Wireless may, from time to time, provide links to external web sites. SouthernLINC Wireless is not responsible for such linked web sites or the content of any of the linked web sites. SouthernLINC Wireless provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked web site or any companies that own, control or manage the linked web sites. Consequently, SouthernLINC Wireless cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in, programs used by, or services or products offered by, web sites linked to from the Site.
Any comments or materials sent to SouthernLINC Wireless regarding any content or information found on the Site, including, without limitation, feedback data, questions, comments or suggestions (collectively "Feedback"), will not be treated as confidential and will become the property of SouthernLINC Wireless. SouthernLINC Wireless has no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback.
Security of SouthernLINC Wireless' Web Site
Please be advised that the security of the Internet cannot be guaranteed and therefore your privacy thereon cannot be assured. SouthernLINC Wireless is not responsible for any unauthorized access to communications that you submit over the Internet.
LIMITATION OF LIABILITY
SouthernLINC Wireless WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF SouthernLINC Wireless HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SouthernLINC Wireless' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
You hereby agree to defend, indemnify and hold harmless SouthernLINC Wireless and its affiliates, directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Site.
These Terms and all information on the Site are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America, without regard to its conflict of law provisions. The venue for any matter relating to or arising from this site will be in a state or federal court of competent jurisdiction in the State of Georgia. To the extent any portion of these Terms is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms, as modified, will remain in full force and effect. This is the entire agreement between you and SouthernLINC Wireless relating to the subject matter herein and will not be modified except in writing signed by both parties.
NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS
SouthernLINC Wireless presently does not transmit wireless emergency alerts. Notice Required by FCC Rule 47 C.F.R. § 10.240 (Commercial Mobile Alert Service).