These Terms of Use (‘Terms’) apply to all users of the SkyWave website, and to all information, materials and other content (‘Content’) available on SkyWave’s website.  These terms contain certain limitations of liability and restricted warranties.  These Terms incorporate by reference SkyWave’s Privacy Policy.  By accessing this website, you are deemed to have read, understood and agreed to be bound by and to comply with these terms.  If you do not agree with these terms, you sole remedy is to discontinue your use of this website.

Electronic Communications

When you visit the SkyWave website, or any pages thereof, send e-mails to SkyWave, or submit information to SkyWave, you are communicating electronically.  You consent to receive communications from SkyWave electronically.  SkyWave will communicate with you by e-mail or by posting notices on this website.  You agree that all agreements, notices, disclosures and other communications that SkyWave provides to you electronically satisfies any legal requirement that such communications be in writing.

Copyright

Copyright © 2009, SkyWave Mobile Communications Inc.  All rights are reserved. All Content on the website, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us on the website, is the property of SkyWave or its content suppliers and protected by Canadian laws and international treaties.  The compilation of all Content on this website is the exclusive property of SkyWave and protected by Canadian law and international treaties.  You may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any Content, except as may be expressly authorized by SkyWave.

Any feedback provided to us regarding this website or its Content may be used by us without restriction or accounting to you, including our utilization of such feedback in products, services or marketing or other collateral.  SkyWave will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested.  Accordingly, we ask that you do not send us any such materials.  If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.

Trademarks

All trademarks that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SkyWave.  The display of trademarks and trade names on this website does not convey or create any license or other rights in these marks or names.  Any use of them is strictly prohibited.  All Rights Reserved.

License and Site Access

SkyWave grants you a limited license to access and make personal use of this website but not to download its Content (other than page caching).  This license does NOT include and expressly prohibits: (i) any resale or commercial use of this website or its contents; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of this website or its Content; or (iv) any use of data mining, robots, spiders, or similar data gathering and extraction tools.  This website or any portion of this website may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SkyWave without the express prior written consent of SkyWave.  You may not use any meta-tags or any other “hidden text” utilizing SkyWave’s name or trademarks without the express written consent of SkyWave. Any unauthorized use of this website shall result in the termination of the limited license granted to you by SkyWave under these Terms.  You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of this website provided that such link does not portray SkyWave, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or suggest an affiliation or endorsement by SkyWave or its affiliates.  You may not “deep link” to any page within this website, other than the home page.  You may not use any SkyWave logo or other proprietary graphic or trademark as part of the link without SkyWave’s express prior written permission.

Additional Terms

Your use of certain resources made available on this website or your participation in any transactions on this website may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access such resources or conduct such transactions.

Your Account

In the event you create or are provided with an account in order to utilize certain restricted portions of the website, in consideration of permitting you to access such portions of this website (the “Service”), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete or SkyWave has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SkyWave has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Product Descriptions

SkyWave attempts to be as accurate as possible.  However, SkyWave does not warrant that product descriptions or Content of this website is accurate, complete, reliable, current, or error-free.

Third Party Sites and Products

SkyWave may provide links to various third party websites solely as a convenience for our users and these terms DO NOT apply to such websites.  Those websites are not under SkyWave’s control or direction and SkyWave has not reviewed them.  SkyWave does not endorse or sponsor, and is not responsible or liable for, the content, products or services available at any such linked website or the practices of those websites (including, without limitation, their privacy and data gathering policies and practices).  You assume all risk of use thereof.

From time to time SkyWave may offer third party products and services for purchase by users.  These products and services are subject to the policies, representations and warranties that those third parties generally provide to their customers with respect to such products and services and SkyWave provides no representations or warranties whatsoever regarding them.

Disclaimer of Warranties and Limitation of Liability

This website is provided by SkyWave on an ‘as is’ basis.  SkyWave makes no representation or warranties of any kind, express or implied, as to the operation of the website or its Content.  You expressly agree that your use of the website is at your sole risk.

To the fullest extent permitted by applicable law, SkyWave disclaims all warranties, conditions or representations, express or implied, written or oral, arising by statute, operation of law, usage of trade, course of dealing or otherwise as to the website or the content of the website including, but not limited to, implied warranties of merchantability, merchantable quality, satisfactory quality, fitness for a particular purpose, title, and non-infringement.  In particular, and without limiting the foregoing, SkyWave does not warrant that this website, its servers, the Content, or e-mail sent from SkyWave are free of viruses or other harmful components or that any products or services purchased from this website will meet your requirements or expectations or provide any particular results.

SkyWave will not be liable for any damages of any kind arising from the use of this website, including, without limitation, to direct, indirect, incidental, punitive, and consequential damages; damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages or they are foreseeable); and those damages resulting from:  (1) the use of or the inability to use the website, website Contents or any products or services; (2) unauthorized access to, use of or alteration of your submissions or data or damages arising from disclosure by you of any information on this website; or (3) statements or conduct of any third party on this website.

Certain states or provinces may not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If the laws of those states or provinces apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Cooperation with Authorities

SkyWave reserves its rights to disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these Terms, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on SkyWave servers and network.  Violations of these Terms may subject you to criminal or civil liability or other legal action.  You consent to and authorize SkyWave, its affiliates and agents to cooperate with: (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law; and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Terms.  Such cooperation may include provision of usernames, IP addresses, or other identifying information.  SkyWave may terminate, without notice, your access and use of this website or the purchase of products and services from SkyWave and/or its suppliers, if, in SkyWave’s sole discretion, you have violated these Terms.

Changes

SkyWave reserves the right to change these Terms at its sole discretion and without notice.  Changes are effective on the date they are posted (which you can determine by looking at the top of this page).  SkyWave recommends that you print a copy of these Terms for future reference and revisit these Terms from time to time to ensure you are aware of any changes.  Your continued use of the website signifies your acceptance of any changed Terms.

Governing Law

SkyWave controls this website (excluding third party linked websites) from its corporate offices within the province of Ontario, Canada.  By visiting SkyWave’s website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and SkyWave.  Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded.  SkyWave makes no warranties or representations that this website or the Content is appropriate or available for use in other jurisdictions. You are prohibited from accessing this website or Content in those jurisdictions where access to this website is illegal.  If you choose to access this website from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of that jurisdiction.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the website and its Content and, if applicable, your purchase of any products or services from this website.  The Content and/or products and services available through this website may be subject to Canadian export controls.

Survival

In the event of termination of your access to or use of the website or its Content, the provisions respecting your representations and warranties, and those provisions under the headings “Disclaimer of Warranties and Limitation of Liability”, Governing Law; Copyrights; and Trademarks will survive unless waived in writing by SkyWave.

Severance

If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms, and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.  The section titles are for convenience only.  Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.

Basis of Bargain

You acknowledge and agree that the limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us.  We would not be able to provide this website or its associated products (if any) or services on an economic basis without such limitations.