Terms and Conditions
1. Description of Services
2. Permitted Uses of Site
COMPANY maintains this Site for your personal use, information and education. Please feel free to browse the Site. You may print or download material owned by COMPANY displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, license, sell, copy, reverse engineer, distribute, modify, transmit, transfer, display, perform, reuse, re-post, or create derivative works based on the content of the Site or obtained through the Site, without written permission from COMPANY or the owner of such content in each instance. You may establish a hypertext link to the Site provided that the link is not presented in a way that demeans or disparages COMPANY or its products or services and provided that you do not display any portion of the Site in a “frame” or in connection with a banner or any other textual, graphic, audio or visual information that is not a part of the Site or otherwise imply any sponsorship, endorsement or affiliation between you and products or services offered by COMPANY or between any products or services offered by you and COMPANY.
3. Use of Communication Services
COMPANY has no obligation to monitor the Communication Services. However, COMPANY reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. COMPANY reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
COMPANY reserves the right at all times to disclose any information as COMPANY deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in COMPANY’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. COMPANY does not control or endorse the content, messages or information found in any Communication Services and, therefore, COMPANY specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized COMPANY spokespersons, and their views do not necessarily reflect those of COMPANY.
5. COMPANY’S Intellectual Property
You should assume that everything you see or read on the Site is protected by copyright unless otherwise noted, and may not be used except as provided in these Terms and Conditions or with the written permission of COMPANY. Unless an express license is stated, nothing posted on this Site grants a license to any COMPANY patents, or other intellectual property rights, whether by implication, estoppel or otherwise.
Information protected by password or available on a restricted access portion of the Site is COMPANY’S proprietary information. You may use such information only for the purpose stated in connection with such information and may not disclose COMPANY’s proprietary information to any third party or otherwise.
6. Third Party Rights
Third parties may have rights to information on the site. COMPANY neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. You should verify that your use of the Site, and information or items obtained through the site, does not infringe rights of third parties. It is your responsibility to obtain all necessary licenses and permissions required for your use. For example, COMPANY makes no warranty or representation that using suggestions or instructions on the Site will not lead to infringement of third party patents.
7. Trademark Information
The trademarks, logos, and service marks displayed on the Site are registered and common law trademarks of COMPANY and others (collectively the “Trademarks”). COMPANY does not intend to present third party trademarks as its own trademarks. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the written permission of COMPANY or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited.
8. COMPANY Use of Material
9. Links and Advertisers
The Site may contain links to web pages or other information not owned or controlled by COMPANY. COMPANY is not responsible for the content of any such off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the recommendation, endorsement or liability of COMPANY. Your correspondence or business dealings with or participation in promotions of third parties found on or through the Site and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. COMPANY shall not be liable for any loss or damage of any sort incurred as the result of any such dealings.
10. User Conduct
You are prohibited from violating or attempting to violate the security of the Site, including without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” or altering any portion of the programming of the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) accessing the Site with a “robot” or in any other way accessing data through the Site in an automated fashion. You are also prohibited from downloading any software or information for which COMPANY charges a license fee unless you pay the fee. This prohibition applies whether or not technology measures are used to restrict downloading. You shall have no license to use any such software or information and your use of such software or information may be a violation of COMPANY’s intellectual property rights. Further, any license to any software or information obtained through the Site prohibits use of software or information obtained through the site with any bootleg, counterfeit or other software or information that violates COMPANY’s intellectual property rights. Any such use of information or software obtained through the Site shall constitute a material breach of the licenses granted herein and all such licenses shall immediately terminate.
COMPANY makes no warranties or representations as to the Site or its accuracy. COMPANY assumes no liability or responsibility for any errors or omissions in the content or operation of the Site or failure of the Site to operate. In the event a COMPANY product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, COMPANY shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. COMPANY 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 canceled, COMPANY shall issue a credit to your credit card account in the amount of the incorrect price. COMPANY also disclaims responsibility for, and shall not be liable for, any damage to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE, INCLUDING ALL SERVICES PROVIDED THROUGH THE SITE, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT ALLOWED BY LAW, ALL WARRANTIES ARE DISCLAIMED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of express or implied warranties, so some of the above exclusions may not apply to you.
12. Limitation of Liability
Your use of and browsing in the Site and the services are at your risk. You understand and agree that COMPANY assumes no responsibility for the timeliness, deletion or the misdelivery of any communications. Neither COMPANY, ANY OF ITS AFFILIATES, ADVERTISERS, ITS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE OPERATION OF THE SITE OR FAILURE OF THE SITE TO OPERATE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT COMPANY WOULD NOT GRANT ACCESS TO THE SITE WITHOUT YOUR AGREEMENT TO THIS TERM.
13. International Use
Software and other materials from this Site may be subject to Export Control laws, which prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions. COMPANY does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the Export Laws. This prohibition shall survive the termination of this Agreement however terminated.
COMPANY reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) and/or to terminate any rights to use the Site or information, software or items obtained through the Site, with or without notice, for any reason or no reason whatsoever. You agree that COMPANY shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
15. Notices and Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to the Site’s designated agent whose address is set out below. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. COMPANY respects the intellectual property of others, and we ask our users and visitors to do the same. COMPANY will process and investigate notices of alleged infringement and will take appropriate actions under any applicable intellectual property laws. Upon receipt of a notice complying with the requirements set out below, COMPANY will act to remove or disable access to any material COMPANY believes to be infringing. If COMPANY believes that the information or material identified in a notice does not infringe a valid third party right, COMPANY may, but is not obligated to, return or re-enable the material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide COMPANY the following information. Please be advised that to be effective, the Notification must include ALL of the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address and all other information reasonably sufficient to permit COMPANY to contact you;
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 behalf of the owner of an exclusive right that is allegedly infringed.
You may provide this notice to Legal Dept at Bandwidth Technology Corp., 450 Lexington Avenue # 2147, New York, NY 10163.
16. General Information