Welcome to the Golden State Cellular ("Golden State", "we", "us") website located at
http://www.goldenstatecellular.com (the "Site"). Please review the following terms
carefully.
BINDING EFFECT.
This is a binding agreement. By using the Site or any services provided in connection
with the Site, including but not limited to any electronic transmission (e.g., text
messages) sent, received, posted, accessed, or stored via any Golden State network,
including without limitation its wireless web, data, and messaging services, and email
access for communicating with Golden State employees (the "Service"), the user or
viewer of our Site ("you") are agreeing to comply with and be bound by the following
Terms of Use Agreement ("Agreement"), including all documents, policies, and
guidelines incorporated herein. This Agreement does not alter the terms and conditions
of any other written or online agreement you may have or will have with Golden State,
which govern in the event of any inconsistency with the terms below. This Agreement
may be amended at any time by us from time to time without specific notice to you. Any
changes or modifications will be effective upon posting and your use of the Site
following the posting will constitute your acceptance of the Agreement as revised. If at
any time you find these Terms of Use unacceptable, you must immediately leave the
Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE
SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
PRIVACY POLICY.
Golden State respects your privacy, believes strongly in protecting your privacy, and
permits you to have some control of the treatment of your personal information held by
us in the course of business. A complete statement of Golden State's current privacy
policy can be found by clicking here. Golden State's privacy policy is expressly
incorporated into this Agreement by this reference.
LIMITED LICENSE; PERMITTED USES
You are granted a non-exclusive, non-transferable, revocable license (a) to access and
use the Site solely in accordance with this Agreement; (b) to use the Site solely for
internal, personal, non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes and provided that
you maintain all copyright and other policies contained therein. No print out or
electronic version of any part of the Site or its contents may be used by you in any
litigation or arbitration matter whatsoever under any circumstances.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Service, you agree to obey the law and to respect
the intellectual property rights of others. Your use of the Service and the Site is at all
times governed by and subject to laws regarding copyright ownership and use of
intellectual property. You agree not to upload, display, perform, transmit, or otherwise
distribute any information or content (collectively, “Content”) in violation of any third
party’s copyrights, trademarks, or other intellectual property or proprietary rights. You
agree to abide by laws regarding copyright ownership and use of intellectual property,
and you shall be solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any Content you provide or transmit, or that
is provided or transmitted using your telephone number or user identification number.
The burden of proving that any Content does not violate any laws or third party rights
rests solely with you.
INAPPROPRIATE CONTENT
You shall not make the following types of Content available. You agree not to upload,
download, display, perform, transmit, or otherwise distribute any Content that (a) is
libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or
encourages conduct that could constitute a criminal offense, gives rise to civil liability, or
otherwise violate any applicable local, state, national, or foreign law or regulation; or (c)
advertises or otherwise solicits funds or is a solicitation for goods or services. Golden
State reserves the right to terminate your receipt, transmission, or other distribution of
any such material using the Service, and, if applicable, to delete any such material from
its servers. Golden State intends to cooperate fully with any law enforcement officials or
agencies in the investigation of any violation of these Terms of Use or of any applicable
laws.
AFFILIATED SITES.
Golden State has no control over, and no liability for, any third party websites or
content. Golden State works with a number of partners and affiliates whose Internet
sites may be linked with the Site. These links are provided for convenience only. Because neither Golden State nor the Site has control over the content and
performance of these partner and affiliate sites, Golden State makes no guarantees
about the accuracy, currency, content, or quality of the information provided by such sites, and Golden State assumes no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content that may reside on those sites. Similarly,
from time to time in connection with your use of the Site, you may have access to
content (including, but not limited to, websites) that are owned by third parties.
Reference herein to any products, services, processes, hypertext links to third parties or
other information by trade name, trademark, manufacturer, supplier or otherwise does
not constitute or imply its endorsement, sponsorship or recommendation by Golden
State. Product and service information is the responsibility of each individual vendor.
You acknowledge and agree that Golden State makes no guarantees about, and
assumes no responsibility for, the accuracy, currency, content, or quality of this third
party content, and that, unless expressly provided otherwise, these Terms of Use shall
govern your use of any and all third party content.
COPYRIGHT INFRINGEMENT.
Golden State has in place certain legally mandated procedures regarding allegations of
copyright infringement occurring on the Site or with the Service. Golden State has
adopted a policy that provides for the immediate suspension and/or termination of any
Service user who is found to have infringed on the rights of Golden State or of a third
party, or otherwise violated any intellectual property laws or regulations. Golden State's
policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a
third party have been violated (e.g. copied, posted, stored, or transmitted) and you want
Golden State to delete or edit the material in question, you must provide Golden State
with all of the following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of such
works; (c) identification of the material that is claimed to be infringed or to be the subject
of infringing activity and that is to be removed, and information reasonably sufficient to
permit Golden State to locate the material; (d) information reasonably sufficient to
permit Golden State Cellular to contact you, such as an address, telephone number,
and if available, an electronic mail address at which you may be contacted; (e) a
statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and (f) a
statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. For this notification to be effective, you must provide it to Golden
State's designated agent listed in the "Contacting Us" section below.
ALLEGED VIOLATIONS.
Golden State reserves the right to terminate your use of the Service and/or the Site. To
ensure that Golden State provides a high quality experience for you and for other users
of the Site and the Service, you agree that Golden State or its representatives may
access your account and records on a case-by-case basis to investigate complaints or
allegations of abuse, infringement of third party rights, or other unauthorized uses of the
Site or the Service. Golden State does not intend to disclose the existence or
occurrence of such an investigation unless required by law, but Golden State reserves
the right to terminate your account or your access to the Site immediately, with or
without notice to you, and without liability to you, if Golden State believes that you have
violated any Terms of Use, furnished Golden State with false or misleading information,
or interfered with use of the Site or the Service by others.
NO WARRANTIES.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY
MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE
SITE. GOLDEN STATE HEREBY DISCLAIMS ALL WARRANTIES. GOLDEN STATE
IS MAKING THE SITE AVAILABLE “AS IS" WITHOUT WARRANTY OF ANY KIND.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR
INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, GOLDEN STATE EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GOLDEN STATE
DOES NOT WARRANT THAT THE SITE IS FREE OF INFECTION OR VIRUSES,
WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY
CONTAMINATE OR DESTROY PROPERTIES. SIMILARLY, GOLDEN STATE IS NOT
RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR OR OMISSION RELATING TO
PRICING, TEXTING, OR PICTURES. FINALLY, GOLDEN STATE CELLULAR DOES
NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY.
GOLDEN STATE'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL GOLDEN STATE BE LIABLE FOR
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA,
REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER
MATERIALS OR SERVICES PROVIDED TO YOU BY GOLDEN STATE. THE
AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. This limitation
shall apply regardless of whether the damages arise out of breach of contract, tort, or
any other legal theory or form of action.
PROHIBITED USES.
Golden State Cellular imposes certain restrictions on your permissible use of the Site
and the Services. You are prohibited from violating or attempting to violate any security
features of the Site or Services, including, without limitation, (a) accessing content or
data not intended for you, or logging onto a server or account that you are not
authorized to access; (b) attempting to probe, scan, or test the vulnerability of the
Service, the Site, or any associated system or network, or to breach security or
authentication measures without proper authorization; (c) interfering or attempting to
interfere with service to any user, host, or network, including, without limitation, by
means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,”“mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail,
including, without limitation, promotions, or advertisements for products or services; (e)
forging any TCP/IP packet header or any part of the header information in any e-mail or
in any posting using the Service; or (f) attempting to modify, reverse-engineer,
decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable
form any of the source code used by Golden State in providing the Site or
Service. Any violation of system or network security may subject you to civil and/or
criminal liability.
PRODUCT AND SERVICE DESCRIPTION; PRICING.
Golden State and its affiliates, agents, and licensors offer information on products and
services on the Site and attempt to be as accurate as possible. Yet, Golden State does
not guarantee that the information provided, with respect to the products and service
description, or other Site content is accurate, complete, reliable current or error-free.
Therefore, Golden State reserves the right, at its discretion, to correct any error on the
Site at any time.
HOW TO REPORT CHILD PORNOGRAPHY.
Child pornography is the depiction of a child under the age of eighteen (18) engaged in
sexually explicit behavior. If you or receive on your phone in an e-mail or picture
message what you believe to be child pornography, please immediately contact your
local FBI field office or the National Center for Missing and Exploited Children
(NCMEC). It is important that you do not copy, send, or forward the content unless and
until you have been instructed to do so by an authorized law enforcement officer. You
can find contact information for your local FBI office by visiting the following website: http://www.fbi.gov/contact/fo/fo.htm. To contact NCMEC, please call 1-800-843-5678
(Child Pornography Tip line). You can also file a report online at the following NCMEC
website: http://www.cybertipline.com.
INDEMNITY.
You agree to indemnify Golden State for certain of your acts and omissions. You agree
to indemnify, defend, and hold harmless Golden State, its affiliates, officers, directors,
employees, consultants, agents, and representatives from any and all third party claims,
losses, liability, damages, and/or costs (including reasonable attorney fees and costs)
arising from your access to or use of the Site and Services, your violation of these
Terms of Use, or your infringement, or infringement by any other user of your account,
of any intellectual property or other right of any person or entity. Golden State will notify
you promptly of any such claim, loss, liability, or demand, and will provide you with
reasonable assistance, at your expense, in defending any such claim, loss, liability,
damage, or cost.
INTERNATIONAL USE
Golden State does not represent that all information and content available on or
accessible through this Site is appropriate for use in all geographic locations, especially
some locations outside the United States, and accessing such from certain locations
may be illegal and prohibited. Those who do access or use this Site from those
locations act on their own initiative and Golden State is not responsible for compliance
with applicable laws, rules, and regulations. You will not access the foregoing where
prohibited by applicable law, rule or regulation.
COPYRIGHT AND TRADEMARK.
The GOLDEN STATE CELLULAR design is a registered trademark of California RSA
No. 3 Limited Partnership. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary (including but
not limited to intellectual property) rights. Other than as expressly permitted in the"LIMITED LICENSE; PERMITTED USES" Section above, the copying, redistribution,
use or publication by you of any such matters or any part of the Site, is strictly
prohibited. You do not acquire ownership rights to any article, document or other
materials viewed through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and materials. Some of the
content on the Site may be the copyrighted work of third parties. Nothing contained on
the Site should be understood as granting you a license to use any of the trademarks,
service marks, or logos owned by Golden State or any third party.
GOVERNING LAW.
These Terms of Use shall be construed in accordance with and governed by the laws of
the United States and the State of California, without reference to their rules regarding
conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state
courts in Madera County, California, and federal courts in Fresno, California, U.S.A. in
all disputes arising out of or related to the use of the Site or Service.
CALIFORNIA USE ONLY.
The Site is controlled and operated by Golden State from its offices in the State of
California, U.S.A. Golden State makes no representation that any of the materials or
the services to which you have been given access are available or appropriate for use
in other locations. Your use of or access to the Site should not be construed as Golden
State purposefully availing itself of the benefits or privilege of doing business in any
state or jurisdiction other than California.
MODIFICATIONS.
Golden State may, in its sole discretion and without prior notice, (a) revise these Terms
of Use; (b) modify the Site and/or the Service(s); and (c) discontinue the Site and/or
Service(s) at any time. Golden State shall post any revision to these Terms of Use to
the Site, and the revision shall be effective immediately on such posting. You agree to
review these Terms of Use and other online policies posted on the Site periodically to
be aware of any revisions. You agree that, by continuing to use or access the Site
following notice of any revision, you shall abide by any such revision.
MISCELLANEOUS
Any cause of action by you with respect to the Site must be instituted within one (1)
year after the cause of action arose or be forever waived and barred. All actions shall
be subject to the limitations set forth in the "NO WARRANTIES" and "LIMITATION OF
LIABILITY" sections, above. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against any party. Any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in
interpreting this Agreement. The headings in this Agreement are included for
convenience only and shall neither affect the construction or interpretation of any
provision of this Agreement nor affect any of the rights or obligations of the parties to
this Agreement. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed as much as possibly consistent with applicable law and
the remaining portions shall remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to enforce
such provision. Neither the course of conduct between you and us, nor trade practice,
shall act to modify any provision of this Agreement. Our rights under this Agreement
shall survive any termination of this Agreement.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or the
Site (excluding legal action taken by us or you to collect or recover damages for, or
obtain any injunction relating to, intellectual property ownership or infringement), shall
be settled solely by confidential binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in San Francisco,
California. Each party shall bear one-half of the arbitration fees and costs incurred
through JAMS, and each party shall bear its own attorneys' fees.
ACKNOWLEDGEMENT.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
CONTACTING US. If you have any questions, comments or complaints concerning this these Terms of
Use, please feel contact us at 1-800-453-8255 or *611 from your cellular phone, e-mail
us at gsctermsofuse@stcg.net, or send any correspondence to Product Development
Manager, Golden State Cellular, 17400 High School Road, Jamestown, CA 95327. Our
representatives will endeavor to contact you within 15 days of your inquiry. |