TERMS AND CONDITIONS
Agreement between User and http://rv9.ede.myftpupload.com
Welcome to https//:acceesswds.com. The https//:acceesswds.com website (the “Site”) is comprised of.-various web pages operated by Access Wireless Data Solutions (“AWDS “). https//:acceesswds.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms’). Your use of https://acceesswds.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://rv9.ede.myftpupload.com is an e-commerce site.
Access Wireless Data Solutions is a value-added reseller of industrial cellular modems routers and gateways. We provide provisioning services to ensure properly activated and working devices are delivered to our clients. Accessories that complement the devices such as antennas cables and power cords are also available for purchase.
Privacy
Your use of http://rv9.ede.myftpupload.com is subject to AWDS’s privacy policy. Please review our privacy policy which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting http://rv9.ede.myftpupload.com or sending emails to AWDS constitutes electronic communications you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via e-mail and on the site satisfy any legal requirement that such communications will be in writing.
Your Account
If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that a WDS is not responsible for third party access to your account that results from theft or misappropriation of your account. A WDS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Electronic Communications
Visiting https://accesswdsd.com or sending emails to AWDS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the site, satisfy any legal requirements that such communications be in writing
Children Under Thirteen
AWDS does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are 18, you must use access wireless only with permission from my parent or guardian.
Links to Third Party Sites/Third Party Services
http://rv9.ede.myftpupload.com may contain links to other websites. The linked sites are not under the control of AWDS and AWDS is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. AWDS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsements by AWDS of the site or any association with its operations.
Certain services may be made available via http://rv9.ede.myftpupload.com or delivered by third-party sites and organizations. By using any product, service or functionality or originating from the website domain you hereby acknowledge and consent that AWDS may share such information and data with any third party with whom AWDS has a contractual relationship to provide the requested product, service, or functionality on behalf of website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://rv9.ede.myftpupload.com strictly in accordance with these terms of use. As a condition of your use of the site, you warrant two AWDS that you will not use the site for any purpose that is unlawful or prohibited by these terms. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the site.
All content included as part of the service, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the site, is property of AWDS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. AWDS content is not for sale. Your use of the site does not entitle you to make any other unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no use of the content without the express sprinted permit written permission of AWDS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AWDS or our licensors except as expressly authorized by these terms.
Payments
Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price for the Products plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges that are billed to Seller as a result of using Customer’s carrier account number. Terms of payment are within Seller’s sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller, or any of its Affiliates on behalf of Seller may issue an invoice to Customer. Seller may invoice Customer separately for partial shipments, and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for all of Seller’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, Seller reserves the right to suspend Services until payment is received. Customer hereby grants to Seller a security interest in the Products to secure payment in full. Customer authorizes Seller to file a financing statement reflecting such security interest. Except as otherwise specified on an applicable Statement of Work, Customer will reimburse Seller for all reasonable out-of-pocket expenses incurred by Seller in connection with the performance of the Services, including, but not limited to, travel and living expenses.
Third Part Accounts
You will be able to connect your AWDS account to third-party accounts. By connecting your AWDS account to your third-party account. You acknowledge and agree that you are consenting to the continuous release of information about you to others in accordance with your privacy settings on those third-party sites. If you do not want information about you to be shared in this manner do not use this feature.
International Users
The service is controlled, operated and emitted administered by AWDS from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AWDS content accessed through our website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless AWDS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses including reasonable attorney’s fees relating to our rising out of your youth of or inability to use the site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AWDS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to do it in indemnification by you, in which event you will fully cooperate with AWDS in asserting any available defenses.
Arbitration
And then event the parties are not able to resolve any dispute between them arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, and a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court have jurisdiction period in the event that any legal or equitable action, preceding or arbitration arises out of concerns these terms and conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these terms and conditions or any disputes arising as a result of these terms and conditions, whether directly or indirectly, including tort claims that are a result of these terms and conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these terms and conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERE IN. ACCESS WIRELESS DATA SOLUTIONS AND OR ITS SUPPLIERS THEY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITE AT ANY TIME.
ACCESS WIRELESS DATA SOLUTIONS AND OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS WIRELESS DATA SOLUTIONS AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT UTILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NO EVENT SHALL ACCESS WIRELESS DATA SOLUTIONS AND OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COINCIDENTAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCESS WIRELESS DATA SOLUTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES, AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR COINCIDENTAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
AWDS reserves the right, in its sole discretion, to terminate your access to the site and the related services of any portion of thereof at any time, without notice period to the maximum extent permitted by law, this agreement is governed by the laws of the state of Florida and you hereby consent to the executive jurisdiction and venue of courts in Florida to all disputes arising out of or relating to the use of the site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AWDS as a result of this agreement or use of this site. AWDS’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in degradation of AWDS’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by AWDS with respect to such use if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AWDS with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and access with respect to the site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Access reserves the right, and its sole discretion, to change the terms under which website is offered. The most current version of the terms will supersede all previous versions. Access encourages you to periodically review the terms to stay informed of our updates.
Contact Us
AWDS welcomes your questions or comments regarding the Terms:
Access Wireless Data Solutions
21756 State Road 54 Suite 101
Lutz FL 33549
Email Address:
[email protected]
Telephone Number:
813-751-2039
Effective as of January 1, 2010