THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS")
GOVERN YOUR USE OF THIS WEB SITE AND ARE LEGALLY BINDING
ON YOU. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT
AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE
USE THIS WEB SITE OR ANY INFORMATION CONTAINED ON THE WEB
SITE. YOUR USE OF THE WEB SITE SHALL BE DEEMED TO BE YOUR
AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
General Use Restrictions
MyRatePlan.com, LLC ("MyRatePlan.com") manages and maintains a
world wide web site (the "Web Site") that assists its users (the
"Users") in comparing estimated costs and service charges (the
"Estimates") of certain types of consumer products and services,
including without limitation, wireless telephone services, long
distance services, mortgages and financing arrangements, online
brokerage services, small package delivery services, satellite
television installation and subscription arrangements, internet
access and airline tickets (the "Consumer Products and
Services") offered by vendors and providers of such Consumer
Products and Services (the "Vendors").
Grant of License
MyRatePlan.com grants you a limited, personal, non-exclusive
and non-transferable license to display the Content of the Web
Site and Estimates only on your personal computer and to print
in hard copy portions of this Web Site and Estimates generated
therefrom for the sole purpose of evaluating the Consumer
Products and Services offered by the Vendors contrasted in
the Estimates. Any other use of Content on this Web Site-including
reproduction for purposes other than those noted above,
modification, distribution, or republication-without the prior
written permission of MyRatePlan.com is strictly prohibited. This
limited license terminates automatically, without notice to you, if
you breach any of these Terms. Upon termination of this limited
license, you agree to immediately destroy any downloaded and
printed Content. Except as stated herein, you acknowledge that
you have no right, title to, or interest in the Content on any
legal basis, without the advance written authorization of
MyRatePlan.com.
Software
All software used on this Web Site is the property of
MyRatePlan.com or its licensors, and such software is
protected by US copyright laws and international
treaties. Any use of the software other than as
required to navigate the Web Site and utilize the
functionality offered through the Web Site is expressly
prohibited. No right to copy, distribute (in any manner
through any means including without limitation rent, sales,
lease, loan, or transfer), publicly display, publicly
perform or modify the software accessible on the Web
Site is granted, or may be implied by these Terms. You
may not decompile, disassemble, reverse engineer, or
otherwise attempt to discover the source code to the
software without the express written permission of
MyRatePlan.com and/or its licensors, as applicable.
Third Party Content
Certain information and content available on the Web
Site may be provided by third parties under license to
MyRatePlan.com ("Third Party Content"). The Third Party
Content is, in each case, the copyrighted work of the
creator/licensor. Without the consent of the applicable
third party licensor, you shall only have the right to
display the Third Party Content on your personal computer
and to view such content for your personal use.
Copyright Notice
The Web Site design, graphics, images, text, information,
documents, services and products provided or offered on the
Web Site, including the selection and arrangement of such
items (the "Content"), are the copyrighted work(s) of
MyRatePlan.com.
Trademarks
MyRatePlan.com, the MyRatePlan.com logo, all page headers,
custom graphics, and button icons are service marks,
trademarks, and/or trade dress of MyRatePlan.com. All
other trademarks, product names, and company names or
logos cited herein are the property of their respective
owners.
ALL OTHER RIGHTS IN THE CONTENT, THIRD PARTY CONTENT,
SOFTWARE AND TRADEMARKS THAT ARE NOT EXPRESSLY GRANTED
TO YOU ARE RESERVED TO MYRATEPLAN.COM AND/OR ITS LICENSORS.
No Framing
You agree not to "frame" or "mirror" any Content or Third Party
Content contained on or accessible from this Web Site on any
other server or Internet-based device without the advance
written consent of MyRatePlan.com or its licensors, as
applicable.
Links to Third Party Web Sites
This Web Site may be linked to other Web Sites that are not
under the control of or maintained by MyRatePlan.com. You
acknowledge that MyRatePlan.com is providing these links to
you only as a convenience, and further agree that
MyRatePlan.com is not responsible for the content or
links displayed on such Web Sites.
Third Party Interaction
In your use of the Web Site, you may enter into
correspondence with Vendors. Unless otherwise stated
in the MyRatePlan.com terms of sale, any such
correspondence, purchase, or promotion, including the
delivery of and the payment for Consumer Products and
Services, and any other term, condition, warranty, or
representation associated with such correspondence,
purchase or promotion, is solely between you and the
applicable third party. Unless otherwise stated, you
agree that MyRatePlan.com has no liability, obligation,
or responsibility for any such correspondence, purchase,
or promotion between you and any such third party.
Password Restricted Areas of the Web Site
Certain areas of the Web Site may be password restricted
to authorized users ("Restricted Areas"). If you are an
authorized user of the Restricted Areas, you agree that
you are entirely responsible for maintaining the
confidentiality of your password and account, and
agree to notify MyRatePlan.com if the password is lost,
stolen, disclosed to an unauthorized third party, or
otherwise may have been compromised. You agree that you
are entirely responsible for any and all activities that
occur under your account. You agree to immediately notify
MyRatePlan.com of any unauthorized use of your account or
any other breach of security in relation to the Web Site
known to you.
Unauthorized Activities
You represent and warrant that you are of sufficient legal
age to use the Web Site and to enter into the binding legal
obligations you may incur as a result of use of the Web
Site. You agree to be financially responsible for any
liability you may incur as a result of using the Web Site,
and agree to supervise minors in the use of the Web Site.
You acknowledge that your unauthorized use of any Content
or Third Party Content contained on this Web Site may
violate copyright laws, trademark laws, the laws of
privacy and publicity, certain communications statutes
and regulations, and other applicable laws and
regulations. You agree that you are wholly responsible
for your actions or the actions of any person using
your user name and/or password. As such, you agree
to indemnify and hold MyRatePlan.com, its affiliates,
agents, cobranders, and partners harmless from and
against any and all costs, damages, liabilities, and
expenses (including attorneys' fees) incurred by
MyRatePlan.com in relation to, arising from, or for
the purpose of avoiding any claim or demand from a
third party that your use of the Web Site or the use
of the Web Site by any person using your user name
and/or password violates any applicable law or
regulation or the rights of any third party.
Disclaimer of Warranties and Limitation of Liability
YOU USE THIS WEB SITE AT YOUR OWN RISK.
MYRATEPLAN.COM ASSUMES NO LIABILITY OR RESPONSIBILITY
TO ANY USER OR ANY THIRD PARTY CLAIMING THROUGH A USER
FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING
OR DOWNLOADING ANY INFORMATION OR MATERIAL INCLUDING,
WITHOUT LIMITATION, THE ESTIMATES DISPLAYED ON
MYRATEPLAN.COM. IN NO EVENT SHALL MYRATEPLAN.COM
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN
TORT, EVEN IF MYRATEPLAN.COM HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
USER ACKNOWLEDGES THAT THE ESTIMATES ARE INTENDED SOLELY
FOR PRELIMINARY ASSESSMENT AND EVALUATION OF THE CONSUMER
PRODUCTS AND SERVICES. MYRATEPLAN.COM HAS NO RESPONSIBILITY
FOR NOR MAKES ANY WARRANTY WITH RESPECT TO THE ACCURACY OR
TIMELINESS OF THE ESTIMATES, NOR DOES IT WARRANT THAT THE
TERMS OF ANY CONSUMER PRODUCT OR SERVICE PURPORTEDLY OFFERED
ON MYRATEPLAN.COM WILL BE OFFERED TO USER BY THE PROVIDER OF
SUCH CONSUMER PRODUCT OR SERVICE.
MYRATEPLAN.COM, LLC MAKES NO REPRESENTATION OR WARRANTY AS
TO THE EXTENT OR QUALITY OF COVERAGE OFFERED OR PROVIDED BY
ANY WIRELESS TELEPHONE CARRIER.
MYRATEPLAN.COM PROVIDES ESTIMATES ONLY ON "POST-PAID,"
PRIMARILY DIGITAL PLANS WIRELESS TELEPHONE PLANS. PREPAID
SERVICES OR POSTPAID ANALOG SERVICE MIGHT BE MORE A
DVANTAGEOUS TO SOME USERS.
PLEASE FULLY INVESTIGATE ALL ASPECTS OF ANY CONSUMER
PRODUCT OR SERVICE BEFORE YOU MAKE YOUR BUYING DECISION.
MYRATEPLAN.COM, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES
NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS
OF ANY INFORMATION OR MATERIAL CONTAINED ON THE WEB
SITE, INCLUDING BUT WITHOUT LIMITATION TO THE CONTENT,
OR THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY
STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE WEB SITE AND ANY INFORMATION OR MATERIAL CONTAINED
ON THE WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND
"WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Exclusions
Certain jurisdictions do not allow the exclusion of
implied warranties or limitation of liability for
incidental or consequential damages, so the exclusions set
forth above may not apply to you.
Local Laws, Export Control
MyRatePlan.com controls and operates this Web Site from its
headquarters in the United States of America and makes no
representation that the Content and/or Third Party Content
are appropriate or will be available for use in other
locations. If you use this Web Site from outside the
United States of America, you are entirely responsible for
compliance with applicable local laws, including but not
limited to the export and import regulations of other
countries in relation to the Content and the Third Party
Content.
Unless otherwise explicitly stated, all marketing or
promotional Content found on this Web Site are solely
directed to individuals, companies, or other entities
located in the United States.
You acknowledge and agree that the Content and the Third
Party Content are subject to the US Export Administration
Laws and Regulations, and that diversion of the Content or
the Third Party Content contrary to US law is prohibited. You
agree to comply strictly with all U.S. export laws and
assume sole responsibility for obtaining licenses to
export or re-export as may be required.
General
MyRatePlan.com does not actively monitor your use of the
Web Site. However, in its efforts to promote good citizenship
within the Internet community, if MyRatePlan.com becomes
aware of inappropriate use of the Web Site or any
MyRatePlan.com service, MyRatePlan.com will respond
in any way that, in our sole discretion, we deem
appropriate. You acknowledge that MyRatePlan.com will
report to law enforcement authorities any actions that
may be considered illegal, as well as any reports it
receives of such conduct. When requested, MyRatePlan.com
will cooperate fully with law enforcement agencies in any
investigation of alleged illegal activity on the Internet.
If you violate these Terms, MyRatePlan.com reserves the
right to terminate service to you without notice. The
preferred course of action is to advise you of your
inappropriate behavior and recommend any necessary
corrective action. However, flagrant violations of
these Terms, as determined by MyRatePlan.com in its
sole discretion, will result in immediate termination
of service. You understand that MyRatePlan.com has the
right to terminate any account for any reason that
MyRatePlan.com interprets as an abuse of the account.
You agree that MyRatePlan.com and its licensors may make
improvements and/or changes in the products, services,
and programs described in this Web Site at any time without
notice, and further agree that MyRatePlan.com can revise
these Terms at any time without notice by updating this
posting. You agree that your continued use of the Web Site
after such modifications have been made constitutes your
acceptance of such revised Terms.
Any action related to these Terms will be governed by
Georgia law and controlling US federal law, without
regard to the choice or conflicts of law provisions
of any jurisdiction. You agree to submit to the
jurisdiction of the courts located in Fulton County,
in the State of Georgia, for the resolution of all
disputes arising from or related to these Terms and/or
your use of the Web Site.
If any provision of these Terms is held by a court of
competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties, with all other
provisions remaining in full force and effect. The
failure of MyRatePlan.com to enforce any right or
provision in these Terms shall not constitute a waiver
of such right or provision unless acknowledged and
agreed to by MyRatePlan.com in writing. The Terms
comprise the entire agreement between you and
MyRatePlan.com and supersede all prior or contemporaneous
negotiations, discussions or agreements, if any, between
the parties regarding the subject matter contained herein.
Special Terms Relating to DISH Network
Programming and DISH DBS Systems
The following terms relate to the DISH Network programming
and DISH DBS Systems offers on the MyRatePlan.com, LLC web
site. To the extent that the following terms are
inconsistent with the general terms of use of the
MyRatePlan.com web site, the following terms shall
control.
MyRatePlan.com is an authorized retailer for the
marketing, promotion and solicitation of orders for
DISH Network programming and related sales of DISH
DBS Systems to qualifying residential subscribers
and receives compensation in that capacity. MyRatePlan.com
is an independent contractor with contractual
relationships pertaining to DISH Network programming
and DISH DBS Systems with EchoStar Satellite Corporation
and CellStar Ltd. MyRatePlan.com is neither an employee
nor an agent of either EchoStar Satellite Corporation
or CellStar Ltd.
Qualifying residential subscribers must purchase
or lease the DISH DBS System for use in a single
residence located inside the geographic boundaries
of the United States. Qualifying residential
subscribers may not purchase or lease the DISH
DBS System intending to transfer possession of
it to another. Qualifying residential subscribers
may not purchase DISH Network Programming for
transmission to multiple satellite receivers that
are not all located at the same residential
location and connected to the same phone line.
Prices offered for DISH Network programming
subscriptions and DISH DBS Systems purchase or
lease plans may change from time to time without
notice. Orders by qualifying residential subscribers
are expressly conditioned upon the forgoing terms. All
orders for DISH Network programming DISH DBS Systems
are conditioned upon acceptance by EchoStar Satellite
Corporation and/or CellStar Ltd.
All warranties relating to DISH DBS Systems made by
Cellstar Ltd. shall pass through to the qualifying
residential subscriber. All warranties relating to
DISH Network programming made by EchoStar and shall
pass though to the qualifying residential
subscriber. MYRATEPLAN.COM, LLC MAKES NO WARRANTY,
EXPRESS OR IMPLIED WITH RESPECT TO THE DISH NETWORK
PROGRAMMING AND DISH DBS SYSTEMS. MYRATEPLAN.COM
SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE.
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