We provide this notice to explain:
A. What Information is collected on Our Web Sites
B. How is the Personal Information Used?
C. Do we Share Personal Information and Web Site Usage Information with Others?
D. Right to Opt-Out
G. Privacy Rights
H. Linked Sites
I. Miscellaneous and Changes in Policy
Our Web Site(s) are intended for users who are located in Nigeria. Our Policy shall be interpreted under the laws of the Nigeria.
A. What Information is collected on Our Web Sites?
1. Registration Information
User Registration is required to access the majority of our Services. Upon registration, a user will provide e-mail address, first name and user name, password and other information.
2. Other User Provided Information
We collect personally identifying information from users when they use our Services on our Web Sites, including but not limited to personal data (such as names, user names, passwords, email addresses, street addresses, postal addresses, mobile phone number, phone number, payment information, credit card numbers, geolocation, gender, birth year, birthday, household income, job title, personal interests and hobbies, and any other information you provide or post on our websites, mobile devices and social networking sites (SNS) and aggregated data (such as information about traffic patterns on the Web Sites, for example, how many users log onto the Web Site on a daily basis). We collect personal information from users of our Web Site through such users’ activities, transactions and completion of online forms. Such information may be collected, for example, when users register or subscribe for accounts or features on our Web Site, make online purchases, enter sweepstakes and contests, complete surveys, contribute to a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through our Web Site, submit a comment or question to us using a “contact us” or similar feature on our Web Site, sends us an e-mail, connects with Services, downloads one of our mobile applications; and provides certain information about you on an SNS.
We may collect and store your user ID that is provided to us by a SNS account that you link with your Service or use with the Services. By linking to the Services or a The Whistler Communications Ltd account on an SNS, you are authorizing us to collect, store, and use in accordance with this Policy any and all information available to The Whistler Communications Ltd through the SNS Application Programming Interface (“API”). Your agreement takes place when you register or otherwise access a The Whistler Communications Ltd website or mobile application using your SNS account information. We may also combine information that we collect from you with information we obtain about you from third parties, Affiliates, and any other subscription or service we provide.
2. Web Site Usage Information
We may use “cookies” and other tracking technologies to store your username and password; analyze usage on our websites and services; customize the service to your preferences; control and modify the advertising displayed by the Service and for other purposes . Cookies are small data files that are sent to your browser or related software from a web server when you visit it and are stored on your computer’s hard drive for record keeping purposes. Cookies track where you travel on our Web Site and what you look at and purchase. They may store the information in your shopping cart, and/or your username and password. A cookie may enable us to relate your use of our Web Sites to other information about you, including your Personal Information.
You may occasionally get cookies from our advertisers, which is standard in the internet industry. We do not control these cookies, and these cookies are not subject to our Policy.
Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web Site or certain areas or features of our Web Site.
(ii) Clear GIFs
We may use “clear GIFs” (a/k/a “web beacons” or “pixel tags”) or similar technologies, on our Web Site and in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the internet enabling the verification of an individual’s viewing or receipt of a web page or message. A clear GIF may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personal Information.
(iii) IP Address and Clickstream Data
Information such as which pages users access or visit and information volunteered by users, such as survey information and/or Web Site registrations, is collected through various methods. For example, our server may automatically collect data about your server’s internet address when you visit us. This information, known as an Internet Protocol Address, or IP Address, is a number that is automatically assigned to your computer by your internet service provider whenever you’re on the internet. When you request pages from our Web Site, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the pages you visit on our Web Site; the web site you visit after our Web Site; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on our Web Site or a referral site; and other web usage activity and data logged by our web servers.
B. How is the Information Used?
We use both User Provided Information and Web Site Usage Information for multiple purposes. The Personal Information may be used to improve the content of the Web Site, to customize the content and/or layout of the Web Site for each individual user, and to notify users about updates to the Web Site or promotional offers or opportunities that we believe will be of interest to you. We will use the Personal Information you provide to our Web Site, for example, to respond to your requests and to provide you with our product and service offerings. We will process your orders, respond to your requests and inquiries and provide you with the services and features offered on or through our Web Site. We may also use your Personal Information to maintain our internal record keeping. We may use your information to enforce the legal terms that govern your use of these Services. We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you.
We may analyze user behavior as a measure of interest in, and use of, our Web Site and e-mails, both on an individual basis and in the aggregate. We may also use information provided to us on an anonymous aggregated basis for purposes of analyzing traffic and usage patterns.
In addition, we may use information you provide us through e-mails, Q & A, and in response to polls for editorial purposes, and may use your name and any stories you provide us in articles published online and in our print publications. Please be advised that any such submissions may be used by us for any lawful purpose. If you provide us with personal anecdotes, they may be attributed to you and we may include your user name and any personal information that you provide in an open forum on this Web Site, to facilitate such attribution. We can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, in any way and any media whether now known or invented in the future, with or without attribution, including publication in our newspaper, and in trade media, and advertising and promotions.
C. Do we Share Personal Information and Web Site Usage Information with Others?
(i) Public Forums
When you contribute to a public area or feature of our Web Site, such as a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through our Web Site, the information that you submit will be made available to the general public and will not be considered “Personal Information” for purposes of this Policy.
(ii) Third Party Offers
We reserve the right to make our customer lists, e-mail address, and other information available to companies or other entities not affiliated with the The Whistler Communications Ltd that have goods, services and offers that we believe might be of interest to you. We may compile this information from customer orders placed both offline and online or that customers allow us to collect by providing us with Personal Information. We may, from time to time, rent, sell or share your Personal Information to these entities so that they may send you these offers.
(iii) Co-sponsored Contests, Sweepstakes and Offerings
Some of our contests, sweepstakes and other offerings may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstakes or offering may be shared with our co-sponsor. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. If you do not wish for the information we obtain from you to be shared with our co-sponsor, then do not enter such contest, sweepstake or other offering or otherwise provide to us any Personal Information in connection with such contest, sweepstake or other offering. We are not responsible for how our co-sponsors may use your information.
(iv) Service Providers
We may use third parties to help operate our Web Site and deliver our products and services, and may share your Personal Information with our affiliates, service providers and other third parties that provide products or services for or through this Web Site or for our business (such as web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). In accordance with section D (i) above, information in forums, information submitted for sweepstakes or other offerings (including submitted video and pictures), become publicly available and may be used by us for any lawful purpose. We may share personal information with third parties, including, without limitation, vendors or other service providers, affiliates and partners.
When you conduct e-commerce with one of the e-commerce affiliates or service providers to which the Web Site may be linked, certain personal information such as your e-mail and home address may be collected by the service provider’s server and made available to us.
We may use third-party web analytics services on our Services to help analyze how users use the Services. This is true for most websites. The information may include Internet Protocol Addresses (IP), geolocation tools, browser types, operating systems and other usage information. We may combine this information with other information we collected about you. This is done to include customized recommendations, article suggestions, and tailored advertising. This information informs us on how to better serve you ads based on your previous visits to our Web Sites and other web sites and permits us to report how you interacted with these ad impressions.
(vi) Our Right to Disclose Information Including Legally Compelled Disclosures
We have the right, at our sole discretion, to disclose information posted on our Web Site and any other information you provide us including Personal Information, to third parties, including law enforcement personnel and in response to a subpoena or other lawful process potentially compelling disclosure of information without an obligation to provide prior notice to you. We are not obligated to contest any subpoenas or other requests for such information. You agree to all the terms and conditions of our Policy, including our right to disclose information provided as described herein as a condition of submitting a comment or content.
Such disclosure may be made, at our sole discretion, when we have reason to believe that someone has committed, or will commit, unlawful acts or acts that endanger the health or safety of another; is causing injury to, or interference with, our rights or property, other users of the Web Site, or anyone else that could be harmed by such activities. In some situations, we may share the information you provide us, including your Personal Information, on a confidential basis, with third parties who perform a particular service on our behalf, such as sending e-mails.
(vii) Business Transfer
In the event that The Whistler Communications Ltd or any of its subsidiaries or affiliates, or substantially all of the assets of The Whistler Communications Ltd or any of its subsidiaries or affiliates, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, all information, including Personal Information may be one of the transferred assets. For purposes of this policy, an “affiliate” of The Whistler Communications Ltd or its subsidiaries is an entity that is under the control of, or under common control with, that entity (and for these purposes, a company controlling twenty 20% percent or more of the voting stock of another entity shall be deemed to control such entity).
(viii) Third Party Ad Servers
We may use third party advertising companies or networks with whom we have a contractual relationship. These companies may use information (generally, not including your name, address, e-mail address or telephone number) about your visits to this Web Site and to other web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear GIFs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear GIFs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read the privacy policies of these third party ad servers if you should have any concerns about how they will care for your personal information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative’s consumer web site at www.networkadvertising.org/consumer/.
Yahoo! is an ad network partner that displays ads on our Web Site. To improve your ad experience on our Web Site and elsewhere on the internet, we may send non-personal information to Yahoo! based on your browser’s activities, such as type of pages viewed and categories of interests, so that the advertising you see is relevant to you. Yahoo! also may use information regarding its own users to select which ads to display. To learn more about Yahoo!’s ad practices, including how to opt out of using anonymous information to select which ads to show you, see:
Yahoo! is a member of the Network Advertising Initiative. See http://www.networkadvertising.org.
(ix) Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and The Whistler Communications Ltd and its third-party service providers may receive such device information if you access a The Whistler Communications Ltd Web Site through mobile devices. We may require collection of mobile phone numbers and text information due to certain features of our Web site and we may associate that phone number to mobile device identification information. Some mobile phone service providers operate systems that pinpoint the physical location of devices that use their services. Depending on the provider, The Whistler Communications Ltd or its third-party service providers may receive this information.
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of the The Whistler Communications Ltd to intercept or access transmissions or private communications unlawfully, including in the case of your contacting us by e-mail or a “contact us” or similar feature on our Web Site. Accordingly, though the The Whistler Communications Ltd may take steps to protect the security and integrity of all Personal Information provided to this Web Site, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Any such transmission is done at your own risk.
You may be able to create an account on our Web Site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify the The Whistler Communications Ltd when you desire to cancel your account on this Web Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail or by other means as required by law. You consent to our use of e-mail as a means of such notification.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information may be collected by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as “phishing.”
If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Web Site password or credit card information) via e-mail or to a web site that does not seem to be affiliated with our Web Site, or that otherwise seems suspicious to you, please do not provide such information.
The Whistler Communications Ltd does not direct its news or information sites to children, or does it knowingly collect personally identifiable information from children under the age of 13. Children ages 13 to 17 must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on The Whistler Communications Ltd sites. No one under age 13 is authorized to provide any Personal Information or use our public discussion areas, forums and chat rooms.
G. Privacy Rights
Under the US California privacy rights residents may request once a year, free of charge, certain information regarding The Whistler’ disclosure of personal information to third parties for direct marketing purposes. To make such a request, please write to us at: Privacy Coordinator, The Whistler Communications Ltd 46, 21 Road, 2nd Avenue, Gwarinpa, Abuja
Please include the name and the address to which you would like us to respond, along with the name of the applicable site.
DO NOT TRACK: MNG currently does not support Do Not Track browser settings and does not currently participate in any Do Not Track frameworks that would allow us to respond to signals or other mechanism from you regarding the collection of information, including PIN or CIN. As industry standards evolve and develop, we will continue to evaluate this position. As previously stated in the INFORMATION COLLECTED section above, other parties, particularly third party advertising networks, also collect information.
H. Third Party “Linked-To” Web Sites
When you are on our Web Site you may have the opportunity to visit, or link to, other web sites not operated by The Whistler Communications Ltd inluding other web sites operated by our affiliates, by service vendors, or by unaffiliated third parties. These web sites may collect personal information about you. The Whistler Communications Ltd does not control web sites that are operated by these entities and is not responsible for the information practices of these web sites. Our Policy does not address the information practices of those other web sites. The privacy policies of web sites operated by other affiliates of The Whistler Communications Ltd are located on those web sites.
(i) Consent to Processing
We control and operate our Web Site from our offices in Nigeria. By providing Personal Information to this Web Site, you understand and unambiguously consent to such collection, maintenance, processing and transfer of such information. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to this Policy waive their respective rights to a trial by jury.
(ii) Changes to this Policy
The Whistler Communications Ltd reserves the right to change or update this Policy, or any other of their policies or practices, at any time, and will notify users of this Web Site by posting such changed or updated Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site.
(iii) Contact Us
If you have any questions or comments regarding our privacy practices, you may contact us at [email protected]
(iv) More Information
Want more information? Check out these helpful links…
Electronic Frontier Foundation: http://www.eff.org/ – a civil liberties organization working to protect your rights online.
ElectronicPrivacyInformationCenter: http://epic.org/ – established to focus public attention on emerging civil liberties issues relating to the National Information Infrastructure.
Privacy Issues Page – from the Center for Democracy and Technology (CDT): http://www.cdt.org/.
INTELLECTUAL PROPERTY RIGHTS
You may not, for example, republish any portion of the Content on any internet, intranet or extranet site, app or incorporate the Content in any database, compilation, archive or cache. Without limitation of the foregoing, You may not distribute, publish, copy or in any manner reproduce, use or forward any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or insert any code, script or other product or manipulate the Content of The Whistler Communications or the Site in any way or for any purpose including, without limitation, affecting your or any other user’s experience, and not to use any data mining, data gathering or extraction method.
In certain cases, you may be able to obtain a license to use individual stories that appear on our Sites through online functionality we have specifically designated. For example, you may be able to email a story to a friend or purchase a photograph. The terms of such functionality shall be governed by, displayed or made available to you at the time you use such functionality.
DMCA COMPLIANCE AND COPYRIGHT COMPLAINTS
The Whistler Communications respects the intellectual property of others and holds no claim to copyrights of Content that is owned by a third party or is in the public domain. If you believe your or another’s protected Content has been copied in a way that constitutes copyright infringement or you are aware of any infringing material on any of our Sites, please provide the following information to the The Whistler Communications Copyright and Intellectual Property Agent noted below:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property interest that is the subject of your claim;
• a description of where the material is located on the Site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that access to the relevant material through the Site is inappropriate;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Such information should be directed to [email protected]
Membership, Registration, Termination and Passwords
REGISTRATION AND MEMBERSHIP
To use certain features of services provided by The Whistler Communications, you must register by providing information requested by form(s) on the Site. Once registered you will become a “Member” of a particular Site and will be considered to have “Membership” in that Site. If you become a Member of any of our Sites, you accept responsibility for all activities that occur under your account and password, and agree not to sell, transfer or assign your Membership or any Membership rights.
You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access The Whistler Communications using your name in whole or in part without your permission. If you believe someone has accessed your member name and/or password without your authorization, e-mail us immediately.
The Whistler Communications IS NOT LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGE THAT ARISE FROM YOUT MEMBERSHIP OR RELATE TO ANY USE OF YOUR PASSWORD OR ACCOUNT INFORMATION, REGARDLESS OF WHETHER The Whistler Communications HAS RECEIVED NOTICE OF SUCH USE.
LICENSE OF YOUR CONTENT TO The Whistler Communications
By posting a message, uploading a file, providing information to, communicating with, or otherwise placing any material on or to our Sites (“Your Content”), you are granting The Whistler Communications an irrevocable, royalty-free, perpetual, non-exclusive, unrestricted right and license to use, copy, sublicense, modify, display, archive, store, distribute, reproduce and create derivative works from Your Content, in any form, media, software or technology or any kind now existing or developed in the future. Without limiting the generality of the previous term, you authorize The Whistler Communications and its affiliates to share, display, post, repurpose, and otherwise use Your Content across all The Whistler Communications Sites and Publications and to use your name and any other information in connection with its use of Your Content. All such rights are granted without the requirement for additional compensation of any sort to you and without further permission required.
INTERACTIVE FEATURES AND DECORUM GUIDELINES
Services offered by The Whistler Communications or any of its affiliates on any of its our Sites may include a variety of features, such as message boards, photo galleries, comments and other interactive features which will allow users to provide feedback to The Whistler Communications and real-time interaction between users (collectively, “Services”). These features are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. The Whistler Communications cannot and does not monitor all of the material posted or transmitted by users and third party information providers.
It is a condition of your use of these Services that you generally exercise your best judgment and specifically do not:
• Restrict or inhibit any other user(s) from using and enjoying the Site.
• Post any material that contains vulgar, profane, abusive, hateful or racist language or expressions, text, photographs or illustrations in poor taste, or attacks of a personal, racial or religious nature.
• Post any material that is threatening, false, defamatory, misleading, fraudulent, unfair, and inaccurate, contains grossly exaggerated or unsubstantiated claims, violates the privacy rights of any party, is unreasonably harmful or offensive to any individual, community, association, business or group.
• Violates any right or is harmful to the operations of The Whistler Communications or any of its subsidiaries or affiliates.
• Disrupt, interfere with or otherwise harms or violates the security of The Whistler Communications, the Site or any services, resources, passwords, servers or networks through The Whistler Communications or affiliated or linked sites.
• Post any material that contains or links to viruses or other harmful, disruptive or destructive files.
• Post any material that includes copyrighted or other proprietary material of any kind without express permission of the owner of the material.
• Post any material that includes advertisements, promotions, or offers to trade any goods or services, except in areas specifically designated for such purpose, if available. Such postings include recommendations of products or services without disclosing any specific affiliation with or receipt of goods or services from the product or service provider.
• Post any material that violates or encourages the violation of any municipal, state, federal or international law, rule or regulation.
RESPONSIBILITY FOR CONTENT YOU SUBMIT
You are fully responsible for all of Your Content. You also understand that we are not responsible for any content you may submit on the Web Site. You also understand and certify that you have the permission of others who may have contributed to or are featured or depicted in any content you submit on the Web Site.
E-COMMERCE AND OTHER TRANSACTIONS
The Whistler Communications may allow you to engage in a transaction involving the purchase of a product or service such as a newspaper subscription, a print or online advertisement, a print of a photograph, a photograph product or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party. These third parties may have separate privacy and data collection practices, so please be sure to read these as well. If you’re concerned about online credit card safety, in most cases a telephone number will be provided so that you can call to place your order by phone. The Whistler Communications is not responsible for the success or security of transactions undertaken or processed by third parties, nor is it responsible for the quality, accuracy, timeliness, reliability or any other aspect of these third-party products and services.
AS A CONDITION FOR USING THIS WEBSITE, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS The Whistler Communications, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “The Whistler Communications PARTIES”) FROM AND AGAINST ANY AND ALL DAMAGES, COSTS AND CLAIMS THAT YOU MAY INCUR AS A RESULT OF THE USE OF OR INABILITY TO USE THE SITE AND AGREE NOT TO ASSERT ANY CLAIM AGAINST ANY The Whistler Communications PARTY, ARISING FROM OR IN ANY WAY RELATED TO YOUR PURCHASE OR USE OF ANY PRODUCT ON THE SITE OR YOUR USE OF THE SITE.
This Site may provide links to or from other Internet sites as a convenience to users. These sites have not been reviewed by The Whistler Communications and are maintained by third parties over which The Whistler Communications exercises no control. Accordingly, The Whistler Communications expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and / or software downloaded from these third-party web sites. Moreover, these links do not imply an endorsement of or association with any third party, web site, or products or services provided by any third party, and The Whistler Communications takes no responsibility for them.
The Web Site may include certain features and services that may be available via your mobile phonedevice, including, without limitation: (a) the ability to upload Your Content to the Web Site via your mobile device phone (“Mobile Uploads”), (b) the ability to receive and reply to messages and to send content and messages using text messaging (“Mobile Text”), and (c) the ability to access the Web Site from your mobile phone device (“Mobile Web”) (collectively, the “Mobile Services”). Your carrier’s normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that that we may communicate with you regarding the Web Site and our partners by SMS/ MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ALL CONTENT (EXCEPT YOUR CONTENT) ON OR AVAILABLE THROUGH THIS SITE AND THE MOBILE SERVICES, INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE The Whistler Communications PARTIES AND EACH AND ALL OF THEIR PREDECESSORS, SUCCESSORS, AND ASSIGNS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO ANY CONTENT AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. THE The Whistler Communications PARTIES DO NOT WARRANT OR REPRESENT THAT ANY CONTENT (INCLUDING ANY SOFTWARE) OR ANY DATA ON THIS SITE OR THE MOBILE SERVICES IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE MOBILE SERVICES, THEIR CONTENT OR DATA, AND THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, THE The Whistler Communications PARTIES EXPRESSLY DISCLAIM ANY OBLIGATION TO MAINTAIN THIS SITE OR THE MOBILE SERVICES OR KEEP THEM OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE MOBILE SERVICES AND THE CONTENT THEY PROVIDE.
ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES, OR FOR COMMERCIAL USE. STOCK AND MUTUAL FUND QUOTES, AND RELATED FINANCIAL NEWS STORIES MAY BE DELAYED AT LEAST 20 MINUTES, AS MAY BE REQUIRED BY VARIOUS STOCK EXCHANGES AND/OR THE FINANCIAL INFORMATION SERVICES. THE SITE SHOULD NOT BE USED NOR RELIED UPON IN ANY WAY FOR ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES OR BUSINESS MAY RESULT DUE TO INACCURACY, TIMELINESS, OR ERROR. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE The Whistler Communications PARTIESAND EACH OF THEIR PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THOSE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MATERIALS, PRODUCTS OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR THE MOBILE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE The Whistler Communications PARTIES AND EACH OF THEIR SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT OF ANY USER.
USE OF DIRECTORIES
The information contained in the directories provided on this Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” and “AS AVAILABLE” without warranty of any kind. In no event will any The Whistler Communications Party or their suppliers be liable in any way with regard to such Information.
CHOICE OF LAW AND VENUE
If a dispute, claim, or controversy of any kind arises out of or relates to this Agreement (each, a “Dispute”), you and we agree to resolve any such dispute, claim, or controversy exclusively through mandatory binding arbitration administered by the American Arbitration Association (adr.org) and in accordance with the rules of that forum. You further agree that such arbitration demand shall be filed to be exclusively heard in Denver, CO. If the Dispute is for five hundred thousand dollars ($500,000) or less, the case shall be heard by a sole arbitrator. In all other instances, the case shall be heard by three (3) arbitrators. You should review this provision carefully. This arbitration provision limits your and our ability to litigate claims in court, and you and we each agree to waive your and our respective rights to a jury trial. Any arbitration under this provision shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with the arbitration proceedings between you and us. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this arbitration provision.