WEBSITE USER AGREEMENT

Use of and access to information on this website is subject to your compliance with the following terms.

1. ACCEPTANCE OF TERMS

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, INCLUDING ANY SOFTWARE/FIRMWARE OR DOCUMENT DOWNLOADS (the “Website”). By accessing and using this Website in any way you agree to be bound by the terms of use described in this document (“Terms of Use”).

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between ICOM and you. If you are using the Website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf.

2. MODIFICATION OF TERMS OF USE

ICOM reserves the right, at ICOM’s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time with or without notice. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to the Terms of Use will signify your acceptance of those changes.

3. RESTRICTIONS ON USE OF CONTENT

Except as expressly prohibited on this Website, you are permitted to view, copy, print, and distribute pages within this Website, including downloadable documents and software/firmware subject to your agreement that:

1. your use of the information is for informational purposes only, and only for ICOM dealers and distributors and only related to ICOM business;
2.  you will not modify the documents or graphics;
3.  you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context;
4.  you will display the ICOM copyright notices and other proprietary notices that appear on our Website and posted materials as they appear on every copy you make;
5.  you will not remove any copyright notices or substitute any copyright notices that imply that the materials you view, print, copy, or distribute are owned by anyone else; and
6.  you agree that ICOM may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from ICOM.

Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

Permission to use the Website’s contents does not include permission to copy the design elements, look and feel, or layout of this Website. Those elements of the Website are protected by United States, international, and foreign laws and may not be copied or imitated in whole or in part. No logo, graphic, or image from the Website may be copied or retransmitted unless expressly permitted by ICOM.

4. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any ICOM server, or the network(s) connected to any ICOM server, or interfere with any other party’s use and enjoyment of the Website.

5. COPYRIGHT AND TRADEMARKS INFORMATION

COPYRIGHT NOTICE: Copyright © 2009 ICOM America, Inc. All Rights Reserved.

ICOM is the trademark of ICOM. All other trademarks, trade names, service marks, service names are the property of their respective holders.

6. PRIVACY POLICY

ICOM respects your desire for privacy. ICOM's Privacy Policy can be found at [website]. By using the Website, you are consenting to the terms of our Privacy Policy.

7. LINKS TO THIRD PARTY WEB SITES

This Website may contain links to third-party sites which are not under the control of ICOM, and ICOM is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ICOM is providing these links to you only as a convenience, and the inclusion of any link does not imply that ICOM endorses or accepts any responsibility for the content on such third-party site.

8. DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THIS WEBSITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND ICOM HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ICOM DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

In no event shall ICOM be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Website or information available from the Website.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information, documents and software/firmware within or made available through the Website. Documents downloaded from this Website may not be fully compatible with the product models now being sold by ICOM, its dealers and distributors. Contents of documents may also have outdated information concerning laws, specifications, addresses and phone numbers. The Website and documents and software/firmware within or made available through the Website may contain technical inaccuracies or typographical errors. ICOM assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in any materials.

ICOM may make changes to the Website, information, product offerings, and any other information and materials on the Website at any time and without notice.

9. GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and ICOM and govern your use of the Website, superseding any prior agreements between you and ICOM relating to your use of this Website (including, but not limited to, any prior versions of the Terms of Use). You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software.

By accessing the Website you agree that the statutes and laws of the United States and the State of Washington, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the courts in Washington, USA.

The failure of ICOM to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

11. EFFECTIVE DATE

The effective date of this version of the Terms of Use is [date].