NextWave Performance LLC

Terms and Conditions

No portion of this service may be reproduced in any form, or by any means, without prior written permission from NextWave Performance LLC.

1. Rules and Regulations.

The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. NextWave Performance LLC. ("NextWave") reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, NextWave reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the NextWave Web Site, both now and in the future.

2. Limited License.

NextWave hereby authorizes you to copy materials published by NextWave on this Web Site solely for non-commercial use within your organization in support of NextWave products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of NextWave or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM NEXTWAVE. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

3. Compliance With Applicable Laws; Export Control Laws.

User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

All NextWave products and publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

4. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of NextWave or other third parties. Users are not permitted to use these Marks without the prior written consent of NextWave or such third party which may own the Mark.

5. General Disclaimer.

Although NextWave has attempted to provide accurate information on the Web Site, NextWave assumes no responsibility for the accuracy of the information. NextWave may change the programs or products mentioned at any time without notice. Mention of non-NextWave products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEXTWAVE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

NEXTWAVE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY NextWave PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF NEXTWAVE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Products and Services Availability.

Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact NextWave at info@nextwaveperformance.com for information as to products and services available in your country.

7. Links to Third Party Sites.

This Web Site contains links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and NextWave is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. NextWave provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.