Terms of Service for using Radio Scanner Guide

1. YOUR ACCEPTANCE OF THESE TERMS OF SERVICE

Welcome to Radio-Scanner-Guide.com. This web site provides information and images ("Content") to you, in compliance with these Terms of Service ("TOS"), which may be updated at any time without providing notice to you. You may read the current version of the TOS at any time by visiting: http://radio-scanner-guide.com/termsOfService.html. In consideration for access to this website, you hereby agree to the TOS. You agree that you are of legal age to enter into a binding contract and will discontinue your use of this website if you are not of legal age. Also, when using other websites or services owned or controlled by Radio-Scanner-Guide or Matthew Hurst, your use of those websites or services shall be in compliance with any posted rules or terms of service that may be updated at any time. Such rules are hereby incorporated by reference into the TOS. It is your responsibility to have access to the website and such access may require third party fees (such as charges from an Internet service provider or telephone air-time charges). Those fees are your responsibility, including fees related to displaying advertisements. Also, you are responsible for providing all equipment necessary to access the Website.

2. DESCRIPTION OF WEBSITE

Radio Scanner Guide provides users with access to information on the hobby of radio scanning and with specific information on choosing a radio scanner. The site provides several tables listing numerous models. For each model a summary of the specifications and features present in that model is given. Links to advertisers selling that model are also given. In addition, information on scanner accessories is given and links to advertisers selling some of those accessories. Other advertisements and links may also be placed on the site or removed from the site from time to time. You also understand and agree that this website may include advertisements and links to affiliate sites. Any new features that augment the website shall be subject to the TOS, unless explicitly otherwise stated. You understand and agree that Radio Scanner Guide is provided "AS-IS" for use by you and other users and that Radio Scanner Guide does not assume any responsibility for the timeliness or accuracy of any information posted on this site, including interpretations of federal, state, or local laws relating to scanning. Such information is not intended as a substitute for the advice of a qualified attorney and should not be used as such. Radio Scanner Guide also assumes no responsibility for any inaccuracies or omissions regarding information about radio scanners or accessories for scanning. Nor is Radio Scanner Guide responsible for your lost time or financial loss in the event that you purchase equipment that does not meet your needs or expectations. Radio Scanner Guide is also not responsible for any potential loss incurred when doing business with vendors listed on this site, including the failure of a vendor to deliver merchandise or the failure to deliver such merchandise in the condition advertised.

3. RADIO-SCANNER-GUIDE PROPRIETARY RIGHTS

All text content and many images contained in the Radio-Scanner-Guide website is the property of Matthew Hurst (DBA Radio-Scanner-Guide). Other images are property of their respective owners and are used with written consent or as licensed, or are derived from public-domain images.

You understand and agree that all content, unless indicated otherwise, is protected by applicable copyright, trademark, and other intellectual property laws. Any unauthorized use or duplication of such content, in whole or in part, is expressly prohibited.

You understand and agree that the advertisement contents are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to create, modify, or distribute derivative works based on the content, in whole or in part, unless you receive permission to do so from the respective owner of the content or their agent.

Radio Scanner Guide hereby grants you a personal right and license, both on a non-exclusive and non-transferable basis, to download one copy of the contents of this website, including the associated images, for the purpose of viewing the site content.

4. TRADEMARK NOTICE

The names Radio-Scanner-Guide, Radio-Scanner-Guide.com, and other variations are trademarks and service marks of Radio-Scanner-Guide.com. You agree not to use or display these trademarks without the prior permission of Radio-Scanner-Guide. This provision shall not prohibit the text-only use of the trademarked words listed above provided that such use is solely for the purpose of identifying or referencing this website.

5. ACCURACY OF INFORMATION

While Radio Scanner Guide attempts to ensure information presented on this web site is accurate, neither Radio Scanner Guide, nor its owner, Matthew Hurst, accept any liability for inaccurate, incomplete, or outdated information. Nor are Radio Scanner Guide or Matthew Hurst liable for any consequences of using the information on this site, including financial loss as a result of mistakenly purchasing radio equipment or accessories that do not meet your needs or expectations or the needs or expectations of others.

6. PURCHASING FROM ADVERTISERS AND AFFILIATES

Any purchases, correspondence, or other relationship ("interaction") between you and advertisers or affiliates of this site are completely and solely between you and such advertisers or affiliates. You agree that Radio Scanner Guide shall have no responsibly or liability for any damage or loss that occurs due to any such interaction or due to the existence of such advertisers or affiliate links on the Radio Scanner Guide website. Such loss or damage includes payment for goods not received, goods not received in a timely manner, and goods not received in the condition advertised.

7. LINKS FROM THIS WEBSITE TO OTHER SITES

Radio Scanner Guide may contain links to other internet sites or resources which are not under the control of Radio Scanner Guide. You understand and agree that, due to the lack of control over such resources, Radio Scanner Guide has no responsibility and no liability for the availability or the content of such sites and resources or for losses or damages that result, either directly or indirectly, from accessing or not being able to access such sites. Radio Scanner Guide does not endorse such sites and furthermore, has no responsibility or liability for advertisements on such sites or for any losses or damages that may result from reliance on such advertisements.

8. LINKING TO RADIO SCANNER GUIDE

You may make links from your own web pages and from pages you legally control to certain pages on Radio Scanner Guide provided that the links and surrounding text do not state or imply and endorsement by Radio Scanner Guide of your website or service. Such links also may not open a page from this website inside a frame on your website. Such links may lead to any html page (any page that ends in the .htm or .html file extension.) You may not link directly to any images, sound clips, or other files present on the website. Also you agree to remove any links to the website within 2 weeks if requested to do so by an owner or agent of Radio Scanner Guide.

9. RADIO SCANNER GUIDE PRIVACY AND CORRESPONDENCE POLICY

Radio-Scanner-Guide does not require you to submit any personal information in order to access the content of this site. The operator(s) of Radio Scanner Guide may collect and record IP addresses and other technical information regarding visitors to the site, and reserve the right to use such data for any purpose.

You may choose to engage in email correspondence with the operator of this site. You agree that all communications and content submitted to Radio-Scanner-Guide are non-confidential in nature and may used in any manner, disclosed to third parties, and/or made available for public display or use on a perpetual, royalty-free basis. Public display and use shall include but not be limited to posting questions and responses for inclusion in a "Frequently Asked Questions" page. Furthermore, you grant Radio-Scanner-Guide the right to grant such permission regarding content submitted to other third parties.

10. USER-SUPPLIED INFORMATION AND CORRESPONDENCE

When engaging in correspondence with the operator(s) of this website, you agree not to:

send content that is unlawful or objectionable in any manner;
disguise your identity so as to impersonate any person or other entity;
send content that you are prohibited from making available under any law, contractual obligation, or fidiciary relationship, including but not limited to inside information or proprietary and confidential information, whether such information became known to you during an employment relationship or through access under a nondisclosure agreement;
send content infringing on any copyright, trademark, patent, trade secret, or other proprietary rights of any person or entity;
send any unsolicited advertising (i.e. SPAM);
send any material that contains viruses, trojan horses, or other computer code, files or programs intended to have an undesirable or destructive effect on any computer software or hardware;
cause disruption to the website or the server on which it is hosted;
engage in conduct or supply information in violation of any local, state, national or international law on either an intentional or unintentional basis;

11. USER CONDUCT

You agree not to use information on this website to engage in any illegal conduct, including, but not limited to:

Violating the Electronic Communications Privacy Act of 1986 (as amended), the Communications Act of 1934 (as amended) or other such federal, state, or local laws;
Listening to radio transmission in violation of the above laws, including, but not limited to, cellular phones;
Disclosing to third parties the contents of certain transmissions or using the contents of those transmissions for personal gain;
Modifying a radio receiver to allow for illegal reception of such transmissions;
Mobile use of a scanner radio in places where outlawed by state or local laws;
Use of a radio scanner to elude law enforcement officials;
Use of a radio scanner to engage in conduct that either accidentally or intentionally impedes police or emergency vehicles;

12. MODIFICATION AND TERMINATION OF WEBSITE

Radio Scanner Guide may at any time modify or discontinue the operation of this web site, or any potion or page of this web site, with or without notice on either a temporarily or permanent basis. You agree that Radio Scanner Guide shall have no liability to you or to any other entity for such content modification or interruption or termination of access to this website. You agree that Radio Scanner Guide may terminate your specific access to this site for any reason, or without cause, and without prior notice. You agree that Radio Scanner Guide shall have no liability to you or any other entity for such termination.

13. PROVISIONS FOR USE OUTSIDE THE UNITED STATES OF AMERICA

You agree to follow all local laws and rules pertaining to online behavior in recognition of the international scope of the Internet. In any correspondence with the operator(s) of Radio Scanner Guide, you agree to comply with all applicable laws regarding the transmission of technical data, including export restrictions from the United States or another country.

14. INDEMNIFICATION

You hereby agree to indemnify and hold harmless Radio Scanner Guide, and any subsidiaries, affiliates, owner(s), other partners, and employees, from and and against any claim, demand, or expense, including attorneys' fees, arising out of your use of this website or your alleged violation of the TOS or applicable law.

15. DISCLAIMER OF WARRANTIES

AS PART OF THIS TOS AND AS A CONDITION OF YOUR ACCESS TO THIS WEBSITE, YOU AGREE THAT:

1. YOU MAY MAKE USE OF THIS WEBSITE AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND. RADIO SCANNER GUIDE DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. RADIO SCANNER GUIDE DOES NOT WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS (iii) THE CONTENT OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, OR RELIABLE, AND (iv) ANY SERVICES OR MATERIAL RECEIVED BY YOU FROM THE ADVERTISERS AND AFFILIATES TO THE WEBSITE WILL BE OF SUFFICIENT QUALITY TO MEET YOUR EXPECTATIONS.

3. ALL CONTENT AND IMAGES DOWNLOADED OR ACCESSED THROUGH THE WEB SITE ARE DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DESTRUCTION OF YOUR COMPUTER SYSTEM OR DATA THAT OCCURS AS A RESULT OF DOWNLOADING OR ACCESSING OF ANY SUCH CONTENT OR IMAGES.

4. NO INFORMATION OR ADVICE RECEIVED FROM RADIO SCANNER GUIDE PERSONNEL, EITHER IN ORAL OR WRITTEN FORM, OR THROUGH THE WEBSITE SHALL CAUSE THE CREATION OF ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

5. CERTAIN USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN PATTERNS OF LIGHT ON A COMPUTER MONITOR, INCLUDING WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE EPILEPTIC SYMPTOMS THAT WERE PREVIOUSLY NOT DIAGNOSED OR SUSPECTED EVEN IN USERS WHO DO NOT HAVE A HISTORY OF PRIOR EPILEPTIC OR OTHER SEIZURES. IF YOU OR A RELATIVE HAVE AN EPILEPTIC CONDITION OR SYMPTOM, SEEK ADVICE FROM YOUR PHYSICIAN PRIOR TO USING THIS AND OTHER WEBSITES. IMMEDIATELY HALT USE OF THE WEBSITE AND SEEK THE ADVICE OF YOUR PHYSICIAN IF YOU NOTICE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE -- LOSS OF AWARENESS, DISORIENTATION, DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RADIO SCANNER GUIDE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THESE DAMAGES SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, STOPPAGE OF WORK, COMPUTER DAMAGE, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IN THE EVENT THAT RADIO SCANNER GUIDE OR AN OWNER OR AGENT, THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES MAY RESULT FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (iii) USE OR DISCLOSURE OF CORRESPONDENCE YOU SEND TO RADIO SCANNER GUIDE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

17. EXCLUSIONS AND LIMITATIONS

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ANY LIABILITY OF RADIO SCANNER GUIDE SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

18. NO THIRD PARTY BENEFICIARIES

You agree that there shall be no third party beneficiaries to this Agreement, unless otherwise expressly provided in this TOS,

19. NOTICE

Radio Scanner Guide may provide you with notices, including those regarding changes to the TOS by email or postings such changes in the TOS on the web site. Radio Scanner Guide, however, is not obligated to provide notice upon changing the TOS.

20. Implementation of This Agreement

Complete Agreement. The TOS constitutes the complete agreement between you and Radio Scanner Guide. It governs your use of the Website and replaces any prior agreements between you and Radio Scanner Guide regarding this Website. You also may be subject to additional terms and conditions that may apply when you visit or use other services that may be offered on this website, or visit or use affiliate or advertiser sites.

Choice of Law and Forum. The TOS shall be governed by the laws of the State of Florida without regard to its conflict of law rules. You agree to submit to the exclusive and personal jurisdiction of the courts located within Alachua County, Florida unless otherwise agreed to by both parties.

No Waiver of Enforcement and Severability of Terms. In the event that Radio Scanner Guide does not seek to implement or enforce a provision of the TOS, such action shall not constitute a waiver of the right to enforce such provision. If a court of competent jurisdiction finds any portion of the TOS not to be valid, you agree that the court should seek to honor the intentions of that provision. All other portions of the TOS shall continue to remain in effect.

Statute of Limitations. You agree that, in the event you decide to file any claim or cause of action arising out of or related to use of this website, you must do so within one (1) year from the date the claim or cause of action arose. After the passing of one year from such date, you agree such claim or cause of action shall be permanently barred, regardless of any statute or law to the contrary.

The titles for each section used herein are included solely for convenience and lack any legal or contractual significance.