1. Restrictions on Use (As Applicable)
You shall use this Site for lawful purposes only. You shall not post or transmit on this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Without ARC’s express prior written approval, you shall not post or transmit through this Site any material which contains advertising or any solicitation with respect to products or services. You shall not use this Site to advertise or perform any commercial solicitation, including without limitation, the solicitation of users to become subscribers of other on-line information services or products competitive with this Site. Any conduct by you that in ARC’s discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site.
You shall not upload, post or otherwise make available on this Site any item protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any item is not protected by such proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such availability. By providing items to any public area of this Site, you automatically grant, or warrant that the owner of such item has expressly granted to you, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, in any manner, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of this Site to access, view, store or reproduce the item for that user’s personal use on a single computer. You grant ARC the right to edit, copy, display, publish and distribute any item made available on this Site by you.
The foregoing provisions of this Section are for the benefit of ARC, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions, directly, against you or on its own behalf. You acknowledge that ARC, its subsidiaries, affiliates and third-party content providers and licensors assume no responsibility or liability for your actions or activities that are inconsistent with the restricted uses recited herein.
2. Disclaimer of Warranty/Limitation of Liability.
a. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND THE CONTENTS THEREIN, ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR FREE; NOR IS ANY WARRANTY PROVIDED AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, AND THE CONTENTS OF THIS SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THAT THIS SITE IS FREE FROM ANY CLAIMS OF INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARC, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY WARRANTY.
b. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE AND THE CONTENTS OF THIS SITE. THE INFORMATION OR CONTENTS OF THIS SITE SHOULD BE USED BY YOU ONLY AS AN INFORMATIONAL SOURCE AND SHOULD NOT SERVE AS THE SOLE FACTOR IN OR BASIS FOR ANY DECISION, INFORMATION OR CONTENTS. THE INFORMATION OR CONTENTS OF THIS SITE ARE INTENDED TO SOLELY PROVIDE GENERAL GUIDANCE ON MATTERS OF INTEREST FOR YOUR USE AND YOU ACCEPT FULL RESPONSIBILITY FOR ITS USE. WHILE EVERY EFFORT IS MADE TO ENSURE THE CORRECTNESS AND COMPLETENESS OF THE INFORMATION OR CONTENTS CONTAINED HEREIN, YOU ACKNOWLEDGE THAT ARC DOES NOT PROMISE OR GUARANTEE THAT THE INFORMATION OR CONTENT CONTAINED ON THIS SITE IS CORRECT, COMPLETE, OR ACCURATE.
c. IN NO EVENT WILL ARC OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN RESPECTIVE NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS REGARDING THE USE OF THE CONTENTS OF THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
3. Term/Obligations Upon Termination
4. Site Applicable Related Terms
TRADEMARK USE TERMS
Trademark Use Authorization
ARC trademarks, servicemarks, logos and/or tradenames (collectively,”Marks”) identify ARC products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. In the event you wish to use the Marks for linking, please refer to ARC’s Permission to Link Terms.
You may not use ARC Marks, whether design or word marks, in the following ways:
in a non-ARC product or service name or publication title; or
in, as, or as part of your own trademarks, servicemarks, logos or tradenames; or
to identify non-ARC products or services; or
in a manner likely to cause confusion; or
in a manner that implies inaccurately that ARC sponsors, endorses, or are otherwise is connected with your own activities, products, and services; or
in a manner that distorts, changes or modifies the Marks so as to affect its registered U.S. and international trademark status or in a manner detrimental to the enforcement of U.S. and international trademark protections; or
in a manner that disparages or adversely impacts ARC or any of its parent, subsidiary, affiliate, associate or related business entities, or any of its directors, officers, employees or agents thereof, or its Site, products or services.
Your use of any Marks constitutes your acceptance of the terms of this authorization. ARC disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the Marks and their use, and the Marks are provided “AS IS.” Further, ARC reserves the right, for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein. Any other uses require written permission from ARC. Please make such requests by contacting ARC as specified in this Site. ARC will evaluate your request as soon as possible.
In the event any other trademarks appear on this Site that are not ARC Marks, you have no authorization to use, in any manner, or link nor does ARC grant you any rights, explicitly or implied, to use any or to link to such trademarks.
Proper Attribution of ARC Marks
When you use ARC Marks, please include an appropriate notice attributing the Marks to ARC.
ARC Wireless Solutions™ is a trademark of ARC Wireless, LLC.
ARC IES™ is a trademark of ARC Wireless, LLC.
ARC ABS™ is a trademark of ARC Wireless, LLC.
ARC Atlas™ is a trademark of ARC Wireless, LLC.
Freedom Blade™ is a trademark of ARC Wireless, LLC.
Freedom Cruise™ is a trademark of ARC Wireless, LLC.
Walldo™ is a trademark of ARC Wireless, LLC.
ARC VLPA™ is a trademark of ARC Wireless, LLC.
DualBase™ is a trademark of ARC Wireless, LLC.
Antennas America™ is a registered trademark of ARC Wireless, LLC.
eXsite™ is a trademark of ARC Wireless, LLC.
OmniBase™ is a trademark of ARC Wireless, LLC.
UniPak™ is a registered trademark of ARC Wireless, LLC.
AirBase™ is a registered trademark of ARC Wireless, LLC.
Parity™ is a trademark of ARC Wireless, LLC.
Freedom Antenna™ is a registered trademark of ARC Wireless, LLC.
COPYRIGHT USE TERMS
Copyright Use Authorization
ARC Wireless, LLC’s (“ARC”‘s) Site contains copyrighted material that includes, but is not limited to, screen shots, documents, data, graphical displays, pictures, digital images, text and computer code. These materials are owned by ARC or its suppliers, and your download, access or use of these materials from this Site does not transfer any rights, title or interest, whether expressed or implied, in the materials or the copyrights held in the materials, except as authorized herein, to you. ARC disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the materials and their use, and the materials are provided “AS IS.” Further ARC reserves the right for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein.
Personal Use of Web Site Copyrighted Material
ARC hereby authorizes you to view, copy, download, and print ARC materials that are available on this Site, subject to the following conditions:
The materials may be used solely for your personal or intranet requirements for informational purposes, and for no other purposes, including commercial exploitation or distribution, either independently or in combination with or integrated in other products.
The materials may not be modified, altered, changed, translated or edited nor may you create derivative works thereof, except where otherwise stated.
The following copyright notice and permission notice must appear in each document: “Copyright © 2005 ARC. All rights reserved. Protected by the copyright laws of the United States and International Treaties and Authorized for Use by ARC Wireless, LLC.”
Copyright or any other proprietary notices may not be removed, deleted or altered in any manner.
You may not reproduce, copy, or redistribute the design or layout of this ARC Site, individual elements of any of this Site design, or ARC logos, servicemarks or trademarks without the express written permission of ARC, or where otherwise stated.
Commercial Use of Web Site Copyrighted Material
Reproduction, copying, or redistribution for commercial purposes (external to your intranet) of any materials on this Site is strictly prohibited without the express written permission of ARC.
This Site (excluding linked sites) is controlled by ARC Wireless, LLC. (“ARC”) from its offices within the state of Colorado, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this Site both you and ARC agree that the statutes and laws of the state of Colorado, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site.
You and ARC also agree and hereby submit to the exclusive personal jurisdiction and venue of the District Court of Denver, Colorado and the United States District Court for Colorado with respect to such matters. ARC makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You shall adhere to U.S. Export Administration Laws and Regulations.
PERMISSION TO LINK TERMS
Terms for Linking
ARC Wireless, LLC (“ARC”) welcomes a link from your web page to ARC ‘s Site and the sites of ARC’s subsidiaries. The following describes how you may link and the process for achieving such interaction between this Site and your link. Except as ARC may authorize elsewhere, non-ARC sites may link to this Site or the site of one of ARC’s subsidiaries only by using ARC’s logo, tradename, trademark or URL www.arcwireless.net; www.antennas.com; www.starworkswireless.com (collectively, “Link Elements”). By using these Link Elements, you agree to be bound by the following Terms.
ARC grants you a non-exclusive, non-transferable right and license to display the Link Elements on your site only for the purposes of establishing a link to this Site. You may display one or more Link Elements on your site provided that when a user clicks on your choice of Link Elements, the user always links to this Site, except where otherwise authorized. Further, you are not permitted to change or modify the Link Elements in a manner that is detrimental to the enforcement of U.S. and international trademark and copyright interests and title. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site or any affiliated ARC Sites.
The Link Elements are not to be considered or to be construed, either explicit or implied, as any endorsement, agency or affiliate relationship, strategic alliance or any other legal or business relationship and are only provided for the convenience of the user at your site.
You may not use the Link Elements for or in the encouragement of unlawful or illegal purposes, or use or display the Link Elements in a disparaging, derogatory, detrimental or adverse manner, whether or not related to ARC or ARC’s Sites.
As a result of your use of these Link Elements, you are not granted any other license or right in the trademark or copyrights held and owned by ARC in these Link Elements and any related materials. Further, no license, either expressed or implied, is granted to any other intellectual property, including those properties associated with this Site, and any or all of the contents, therein.
ARC, at any time without notice, reserves the right, for any reason and in its sole discretion, to terminate or modify immediately, ARC’s Terms for Linking. Upon termination, you shall promptly remove the link elements from your site. ARC disclaims any warranties or guarantees, whether express or implied, including warranties against infringement, with regard to the link elements and their use, and the contents of this Site. The content of this Site is provided “AS IS”.
ARC reserves the right to pursue any action against any use that does not conform to these terms or infringes any ARC intellectual property right or any or other interest, or violates any other applicable laws related to, arising from or associated with the link, Linking Elements, ARC or this Site or any affiliated ARC Sites.
THIRD-PARTY LINK TERMS
Terms for Linking to Third-Party Sites
In the event there are any links provided in this Site to other third-party sites, which let you leave this Site, you acknowledge by your use of such links that ARC provides such links for your convenience only and makes no representations whatsoever about such third-party sites. These non-ARC linked sites are independent from ARC and ARC is not responsible for the contents of any linked site or any link contained in a linked site, or the operation, performance reliability of such site or the contents therein or any changes or updates to such sites. The inclusion of any such link does not imply endorsement, either expressly or implied, by ARC of the linked site. The linking to and use of such site is completely your responsibility and any liabilities or risks associated with such linking or use of the Site, and the contents therein, shall be assumed totally and completely by you. ARC assumes no liability or risk for any damages, either direct or consequential, or claims as a result of such linking and use of this Site and you will hold ARC completely harmless with respect to any claim made or action commenced as a result of such linking to or use or the site and any contents therein.
INTERESTED INVESTOR STATEMENT
This Site may contain forward-looking statements within the meaning of the United States Securities Act of 1933 as amended, and United States Securities Exchange Act of 1934 as amended. These forward-looking statements may be found generally in the materials/information set forth at this Site. The words “believes”, “anticipates”, “expects”, “plans”, “intends” and similar expressions are intended to identify such forward looking statements. Forward-looking statements and statements of expectations, plans and intent are subject to a number of risks and uncertainties. ARC’s actual future results may differ materially or adversely from those described in the forward-looking statements as a result of, among other things, uncertainties and other matters described in this Site, generally. ARC undertakes no obligation to release the results of any revisions to these forward-looking statements that may be made to reflect any future events or circumstances. ARC cautions the reader, however, that the identified uncertainties and other cautionary language contained herein may not be exhaustive. See ARC’s most recent Quarterly Report on Form 10-Q and Annual Report on Form 10-K for additional statements concerning important factors such as demand for products, manufacturing costs and competition that could cause actual results to differ materially from ARC’s expectations.
INVESTOR RELATIONS STATEMENT
ARC Wireless, LLC is a publicly held company trading on the NASDAQ exchange under the symbol “ARCW”. ARC files quarterly and yearly financial reports with the Securities and Exchange Commission (SEC).
ARC is always happy to answer your questions and listen to your comments, and ARC offers several options for you to contact us.
|By Phone or Fax||Phone: 303-421-4063
Toll Free: 800-508-6532
|By Mail||ARC Wireless, LLC.
6330 N. Washington St. Unit 13
Denver, CO 80216