Terms and Conditions

Introduction

Welcome to the Cushcraft® Antennas website (the “Site”). These Terms and Conditions are a legally binding contract between you and Cushcraft® Antennas regarding your use of the Site.

Please read them carefully.

By accessing or using the Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations governing the Site. If you do not agree with any of these Terms and Conditions, you are prohibited from using or accessing this site.

Ability to Accept Terms

The Site is offered and available to users who are 13 years of age or older. By using the Site, you represent and warrant that:

You are at least 13 years of age.
You have not previously been suspended or removed from use of the Site.
Your registration and your use of the Site is in compliance with all applicable laws and regulations.

Accounts and Registration

To access some features of the Site, you may be required to register for an account. When you register for an account, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information.

You are solely responsible for the activity that occurs on your account, including any content posted, and for keeping your account password secure. We encourage you to use “strong” passwords with a combination of upper and lower case letters, numbers and symbols. You must notify Cushcraft® Antennas immediately of any breach of security or unauthorized use of your account.

Although Cushcraft® Antennas will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cushcraft® Antennas or others due to such unauthorized use.

Privacy Policy

Please review our Privacy Policy to understand our practices regarding personal information provided by you, which is incorporated herein by reference.

Your Use of the Site

You may not use the Site for any illegal purpose or in violation of any local, state, national, or international laws.

By using the Site, you agree that you will not:

Harass, abuse, threaten, or incite violence towards any individual or group, including Cushcraft® Antennas employees, contractors, and customer service representatives.
Post, distribute, or otherwise transmit spam, unsolicited or bulk emails, chain letters, or other unsolicited junk mail.
Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Intentionally or unintentionally violate any applicable local, state, national or international laws, including but not limited to any regulations having the force of law.
Collect, store or share any personally identifiable information of other users from the Site without their express permission.
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

Your Content

You retain ownership and responsibility for any content you post, upload, submit, create, transmit, distribute or otherwise make available on the Site.

However, by doing so, you grant Cushcraft® Antennas a perpetual, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the Site, and our (and our successors’ and assigns’) businesses, including without limitation for promoting, redistributing, and advertising the Site or portion thereof in any media formats and through any media channels without any further notice to or consent from you.

You also grant each user of the Site a non-exclusive license to access your content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content.

You agree that any content you place or have placed on the Site is accurate, lawful and does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

You agree to pay for all royalties, fees, damages and any other monies owed to any person by reason of any content you post on or through the Site.

Copyright Complaints

Cushcraft® Antennas respects the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify our Copyright Agent:

To be effective, the notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Information reasonably sufficient to permit us to locate the material.
Your contact information, including address, telephone number and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.

Warranty Disclaimer

You acknowledge that Cushcraft® Antennas has no control over, and no duty to take any action regarding which users gain access to the Site; what content, products or services you access through the Site; what effects the content on the Site may have on you; how you interpret or use the content on the Site; or what actions you may take as a result of having been exposed to content on the Site.

The Site and all content and functionality on the Site are provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind, either express or implied. Cushcraft® Antennas expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

Cushcraft® Antennas makes no warranty that:

The Site or content will meet your requirements.
The Site will be available on an uninterrupted, timely, secure, or error-free basis.
The Site or content will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Any errors in the Site or content will be corrected.

Any material downloaded from or otherwise accessed through the Site is accessed at your own discretion and risk. You are solely responsible for any damage to your computer system, mobile device, or loss of data that results from downloading or accessing such material.

No advice or information obtained by you from Cushcraft® Antennas or through the Site shall create any warranty not expressly stated in these Terms.

Limitation on Liability

Cushcraft® Antennas, its subsidiaries, affiliates, licensors, and suppliers shall not be liable concerning any subject matter of these terms under contract, negligence, tort or any other legal or equitable theory for:

Any special, incidental, indirect, punitive or consequential damages;
The cost of procurement or substitute products or services;
For loss of revenue, profits, goodwill, use, data or other intangible losses;
For unauthorized access to or alteration of your transmissions or data

The total cumulative liability of Cushcraft® Antennas regarding these Terms shall be limited to the amounts paid by you to Cushcraft® Antennas over the previous one month period.

Indemnification

You agree to defend, indemnify and hold harmless Cushcraft® Antennas, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms of Use or any additional terms, conditions, and policies incorporated herein;
Your use of the Site, products, services and content;
Any content you submit, post, transmit, or otherwise make available through the Site;
Your violation of any law, rule or regulation;
Your violation of any rights of another person or entity.

Cushcraft® Antennas reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Cushcraft® Antennas. Cushcraft® Antennas will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Governing Law and Jurisdiction

These Terms and your access to and use of the Site will be governed by and construed in accordance with the laws of the State of Maine, without resort to its conflict of law provisions. You agree that any legal action or proceeding between Cushcraft® Antennas and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maine.

Any cause of action or claim you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Cushcraft® Antennas’s failure to insist upon or enforce strict performance of any provision of these Terms 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 of these Terms. Cushcraft® Antennas may assign its rights and duties under these Terms to any party at any time without notice to you.

Modifications to the Terms and Conditions

Cushcraft® Antennas reserves the right to modify these Terms at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this Site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

Digital Millennium Copyright Act (DMCA) Notice

Cushcraft® Antennas has adopted the following policy towards copyright infringement with respect to content posted by third parties on the Site in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf).

If you believe that your copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located on the Site. You must provide us with enough detail that will allow us to locate the alleged infringing material. Vague descriptions or sweeping allegations of infringement may delay our response.
Your address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or a person authorized to act on behalf of the owner of the copyright interest.

Upon receipt of notice as described above, Cushcraft® Antennas will seek to confirm the existence of the infringing material and, upon confirmation, remove or disable access to such material as quickly as possible. Notice should be sent to [email protected].

Termination

Cushcraft® Antennas may cancel, suspend, disable, or terminate your access to the Site, or any portion thereof, immediately and without notice for any reason, including without limitation if you breach these Terms of Use. Upon such cancellation or termination, your right to use the Site will immediately cease. You agree Cushcraft® Antennas will not be liable to you or any third party for any cancellation or termination of your access to or use of the Site.

Entire Agreement

These Terms constitute the entire agreement between you and Cushcraft® Antennas regarding the use of the Site, superseding any prior agreements between you and Cushcraft® Antennas relating to your use of the Site.

Contact Us

If you have any questions about these Terms, please contact us at:

Cushcraft® Antennas
[email protected]

These Terms were last updated on March 1, 2023.