Adaptive Radio Technologies, LLC Website Terms of Use

This website is provided “as is” without any representations or warranties, express or implied. Adaptive Radio Technologies, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Adaptive Radio Technologies, LLC does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice of any kind for any matter, you should consult an appropriate professional.

LIMITATIONS OF LIABILITY
Adaptive Radio Technologies, LLC will not be liable to you under the law of contact, the law of torts, or otherwise, in relation to the contents of, or use of, or otherwise in connection with, this website:

for any direct loss resulting from the use of free material found on this website; or
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Adaptive Radio Technologies, LLC has been expressly advised of the potential loss.

As a user of http://AdaptiveRadioTech.com, you agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.

EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Adaptive Radio Technologies, LLC’s liability in respect of any:

death or personal injury caused by Adaptive Radio Technologies, LLC’s negligence;
fraud or fraudulent misrepresentation on the part of Adaptive Radio Technologies, LLC; or
matter which it would be illegal or unlawful for Adaptive Radio Technologies, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

OTHER PARTIES
You accept that, as a limited liability entity, Adaptive Radio Technologies, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Adaptive Radio Technologies, LLC’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Adaptive Radio Technologies, LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Adaptive Radio Technologies, LLC.
and content provided within are copyrighted, patented and/or trademarked by Adaptive Radio Technologies, LLC. The only exceptions are referenced brands and products of other companies, listed herein to provide detail about components within our products, the specifications to which our products are designed, and/or the products intended for complementary use with products of Adaptive Radio Technologies, LLC.

For additional terms and conditions related to our copyrighted software, see our ADAPTIVE RADIO TECHNOLOGIES, LLC SOFTWARE LICENSE TERMS AND CONDITIONS section.

UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

THIS WEBSITE DISCLAIMER
Adaptive Radio Technologies, LLC reserves the right to make changes without further notice to any content on this website, any product specification or use guides on this website, any products listed for sale on this website, and any software accompanying products for sale on this website or as a stand-alone product.

INTELLECTUAL PROPERTY, TRADEMARKS, PATENTS & COPYRIGHTS
The A.R.T. website and all products, designs, software, and content provided within are copyrighted, patented and/or trademarked by Adaptive Radio Technologies, LLC. The only exceptions are referenced brands and products of other companies, listed herein to provide detail about components within our products, the specifications to which our products are designed, and/or the products intended for complementary use with products of Adaptive Radio Technologies, LLC.

TERMS OF SALE
Adaptive Radio Technologies, LLC reserves the right to make changes without further notice to any products and software herein to improve reliability, function, or design. This document shall not be construed as a commitment by Adaptive Radio Technologies, LLC. Adaptive Radio Technologies, LLC does not assume any liability arising out of the application or use of any product or circuit described herein; nor does it convey any license under its patent rights, nor the rights of others.

ORDER ACCEPTANCE POLICY
After placing an order for a product, you will receive an order submission confirmation acknowledging that we have received your order. Your order constitutes an offer to buy a product from us. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute an offer to sell Products to you. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We will confirm such acceptance by sending you a communication telling you that your order has been accepted and will be filled and that the product is being delivered to you (“Order Acceptance”). Title to goods and all risk of loss passes to you upon delivery of your Product to a common carrier. We may require additional verifications or information before accepting any order.

PRODUCT AVAILABILITY AND DELIVERY
Availability of the products is subject to confirmation from A.R.T.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
A.R.T. shall retain the right to refuse or cancel any orders placed for any Product listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. A.R.T. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

WARRANTY
Products of Adaptive Radio Technologies, LLC are guaranteed to be free of defects in worksmanship and materials for 90 days following the date of purchase. If your product stops working during this x-day period and is still in its original, unmodified condition, contact Adaptive Radio Technologies at info@adaptiveradiotech.com. If we are unable to assist you in solving the problem, we require that you return the product, postage pre-paid, to Adaptive Radio Technologies, LLC. During this warranty period, Adaptive Radio Technologies, LLC reserves the right to repair, replace, or refund the purchase price of the product. Adaptive Radio Technologies, LLC will notify the buyer, within 10 days of receipt of the product, of its intended course of action. Products modified from their originally-designed state are not covered by the Adaptive Radio Technologies, LLC warranty. Additionally, this warranty from Adaptive Radio Technologies, LLC does not apply to any software or firmware files.

DISCLAIMER OF WARRANTIES
A.R.T. expressly disclaims all other warranties of any kind, be they express or implied, including, but not limited to, the implied warranties of merchantability, quality performance, fitness for a particular purpose, and non-infringement.

INDEMNIFICATION AND LIMITATION OF LIABILITY
Under no circumstances will Adaptive Radio Technologies, LLC be liable for more than the purchase price of the product or software under consideration. Additionally, in no event shall A.R.T. be liable to seller, or to seller’s assistants, or any third party for any incidental, indirect, special or consequential damages arising out of, or in connection with, this agreement, whether or not A.R.T. was advised of the possibility of such damages.

For additional terms and conditions related to our copyrighted software, see our ADAPTIVE RADIO TECHNOLOGIES, LLC SOFTWARE LICENSE TERMS AND CONDITIONS section.

WRITTEN COMMUNICATION AND NOTICES
Any communication or notice related to your order or this Agreement will be sent to the email address you provide us at the time you place your order and you consent to the use of such address for all notices relating to this Agreement.

FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control.

PROHIBITION OF USE IN LIFE-CRITICAL APPLICATIONS
Adaptive Radio Technologies, LLC products are not designed or intended to be fail-safe, or for use in any application requiring fail-safe performance, such as life-support or safety devices or systems, Class III medical devices, nuclear facilities, applications related to the deployment of airbags, or any other applications that could lead to death, personal injury, or severe property or environmental damage individually and collectively, "Critical Applications"). Customer assumes the sole risk and liability of any use of Adaptive Radio Technologies products in Critical Applications, subject only to applicable laws and regulations governing limitations on product liability.

EXPORT RESTRICTIONS
Any software or other content downloaded, including but not limited to technical data and product specifications, from this Site (collectively the "software") may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774). Additionally, it may be subject to export or import regulations in other countries. As a visitor of this site, you are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Additionally, the above paragraph applies to all software embedded in all Adaptive Radio Technologies, LLC products, and to all Adaptive Radio Technologies, LLC hardware and circuitry products. For hardware and circuitry products, Adaptive Radio Technologies will provide export classification information upon request.

SEVERABILITY
If any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

ASSIGNMENT AND WAIVER
Seller may not assign this agreement or any of its rights or obligations under this agreement, without the prior written consent of A.R.T. Any assignment or transfer without such written consent shall be null and void. This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of A.R.T. without restriction. A waiver of any default hereunder or of any term or condition of this agreement shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.

LAW AND JURISDICTION
All use of Adaptive Radio Technologies, LLC’s website, products, and software, and all transactions between Adaptive Radio Technologies, LLC and its customers, shall be governed by and construed in accordance with the laws in effect in the State of New Mexico. Any dispute arising from, or related to, this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of New Mexico, County of Los Alamos.

ENTIRE AGREEMENT
This Agreement is the complete, final and exclusive statement of the terms of the agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any acknowledgment or other document submitted by Seller.

OUR RIGHT TO VARY THESE TERMS OF SALE
We have the right to revise and amend this agreement, including the prices and billing methods hereunder, from time to time, effective immediately upon posting on the website. You will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or this agreement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or this agreement before we send you the Order Acceptance (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven (7) business days of receipt by you of such notice).