Your use of the PRIP product, including all software and services (the “Services”) is subject to the terms of this agreement between you and NII Holdings, Inc. (“NII”), located at 1875 Explorer Street, Suite 1000, Reston, Virginia 20190. The terms “you” and “user” shall be used interchangeably in this Agreement. As used herein, “NII” means, in addition to NII Holdings, Inc., (1) entities controlled by or under common control with NII, (2) any affiliates of the entities in (1) above that are authorized to use the Nextel brand name and which either sell wireless services or manage a portion of the NII wireless network, and (3) any entity which is an affiliate of NII as defined from time to time by NII. By using the Services, you agree to be bound by all of the following terms and conditions (“Terms”).
NII reserves the right to modify the Terms of the Services from time to time without notice. You agree to review this Agreement periodically to be aware of any modifications to the Terms or pricing of the Services and your continued access or use of this Site shall be deemed your conclusive acceptance of such changes.
You are responsible for maintaining your account and password security as well as any activity that occurs on your account.
By posting or otherwise transmitting any information or other material to NII, you hereby grant NII a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform such materials (including, without limitation, ideas contained therein for new or improved Services) by all means and in any media now known or hereafter developed. The terms relating to NII’s “Copyright and Disclaimer” are hereby incorporated by reference.
You understand that NII may use third party hosting providers to provide the hardware and bandwidth required to operate the Services.
NII reserves the right to refuse the Services to anyone for any reason at any time.
The information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons, and other materials contained on this Site or in the Services is collectively known as “Content”.
NII is a distributor and not a publisher of any Content supplied by third parties (such third parties are including but not limited to you and all other users), and has no more editorial control over that Content than a public library or newsstand. NII is not responsible for any opinions, advice, statements, services or other information that constitute Content. NII does not guarantee the accuracy, completeness or usefulness of such Content and user is solely responsible for evaluating the accuracy of such Content and its suitability for use by user.
When you sign up to the Site or the Services or update your profile information you may provide us with certain contact or personal information, such as your name, email address, phone number, your image, or other personally identifiable information about you. This data will be stored on your device and on our servers for a period of time. Additionally, voice, text and pictures that you create to communicate with your contacts and colleagues will be stored on your device and on our servers for a period of time. These servers may or may not be located in the United States.
NII does not share your email address or other personal profile information, such as name, address, gender or age, with third parties for marketing purposes without your prior consent.
User may from time to time provide information regarding user’s tastes, ratings, and preferences. NII may use this information to create personalized content, services, and advertising on or related to NII and the Services.
NII may also use your personal profile information to create aggregate reports. Those reports do not contain any personally identifiable profile information. NII may track, collect and report aggregate data regarding user activity, Site or Services usage (via analytics software or otherwise) and we may use this data for commercial purposes, but we shall not share any personally identifiable information except as expressly specified herein.
Device Data. NII may collect and use technical data and information about the user’s device and the system and application software incorporated on the device, to facilitate the provision of software updates, Services support and any other services related to the Services. NII may use this information freely, including to improve its offerings or to provide services.
Publicly Displayed Information. You should be aware that any information or messages you share publicly is visible to others including indexing by search engines. Personally identifiable information you submit publicly may be read, collected, or used by other individuals to send you unsolicited messages. NII is not responsible for the personally identifiable information you choose to submit publicly.
Notwithstanding the foregoing and in compliance with applicable laws, NII (1) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to NII on or through this Site or purported unlawful activities of any user and (2) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, NII may be required to disclose personal information. In addition NII may elect to monitor the areas of this Site and the Services to which users may submit materials, and may disclose any Content, records, or electronic communication of any kind to satisfy any law, regulation, or government request.
Any conduct by user that, in NII’s sole discretion, violates any third party’s proprietary rights, or restricts or inhibits any other user from using or enjoying this Site or the Services, is prohibited. User will use this Site and the Services only for lawful purposes. User may not post on or transmit through this Site or the Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.
Any conduct, communication, or Content that is (i) harmful or objectionable to individual users, NII or its affiliates, (ii) an infringement of any rights of NII or any third party, or (iii) in violation of any applicable laws, is prohibited. The determination of the foregoing shall be subject to the sole judgment of NII. Notwithstanding the foregoing, NII cannot ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither NII, nor any of its affiliates or subsidiaries, nor the officers, directors, employees and other representatives of any of them, assume liability for any action or inaction with respect to conduct, communication, or Content on this Site or through the Services.
NII may terminate your access to all or part of this Site or the Services without notice and without liability to you, for any conduct by you that NII, in its sole discretion, believes to be in violation of this Agreement.
Use of this Site and the Services is at user’s sole risk. Neither NII, nor its affiliates or subsidiaries, nor any of its officers, directors, or employees, agents, third-party content providers, vendors, licensors, or the like, warrant that use of this Site or the Services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or the Services, or as to the accuracy, reliability, or currency of any information, Content, service, or merchandise provided through this Site or the Services (see below regarding product warranties provided by product manufacturers).
NII IS PROVIDING THIS SITE, THE SERVICES, AND ITS CONTENT ON AN “AS IS, AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, THE SERVICES, OR ITS CONTENT. NII HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. FURTHER, NII DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THIS SITE OR THE SERVICES IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
Limitation of Liability.
Neither NII nor any of its affiliates or subsidiaries, nor the directors, employees or other representatives of any of them, are liable for damages arising out of or in connection with the use of this Site or the Services, including any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, changes in the Services, or delays in operation or transmission including suspension of the Services. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
In no event will NII be liable for any claim, whether in contract, tort or any other theory of liability, exceed the cost of the Services. This limitation shall apply to claims of personal injury to the extent permitted by law.
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to any conflicts of laws provisions thereof. You agree that any legal action or proceeding between NII and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Virginia. Any cause of action or claim you may have with respect to this Site or the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. NII may assign its rights and duties under this Agreement to any party at any time, in whole or in part, without notice to you.