Click here to review our Acceptable Use Policy. (AUP)
1. Acceptance of Terms
1.2 The Terms are entered into by and between PacketExchange and you. If you currently have in effect separate agreement(s) with PacketExchange, such separate agreement(s) govern.
2. Disclaimer of Warranties
2.1 ALL INFORMATION PROVIDED BY PacketExchange, INCLUDING ON THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS, AND USE OF SUCH INFORMATION IS AT YOUR OWN RISK. PacketExchange DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
2.2 IN NO EVENT WILL PacketExchange BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE OR OTHER COMMERCIAL OR ECONOMIC LOSS.
2.3 NO INFORMATION OBTAINED BY YOU FROM PacketExchange, INCLUDING THE SITE AND THE SERVICES, WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.
3. Ownership by PacketExchange
All content, including text, data, sound recordings, sound, photographs, graphics, video, or other materials ("Material") provided on this Web site is provided by or to PacketExchange by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and is the copyrighted work of PacketExchange and/or the Third Party Providers. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of PacketExchange or the Third Party Provider. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of PacketExchange. You also may not, without PacketExchange' prior express written permission, copy any Materials contained on this Web site on any other server, or use any PacketExchange Marks for any purpose.
"PacketExchange Marks" means any names, marks, brands, logos, designs, slogans, trademarks, trade dress and other designations PacketExchange uses in connection with its products or services. With respect to PacketExchange Marks, you are governed by the terms and conditions of the agreement(s) already entered into with PacketExchange.
4. Material Submitted to PacketExchange
This Web site may be linked to other web sites which are not under the control of and are not maintained by PacketExchange. PacketExchange is not responsible for the availability or content of those sites, their advertising, products, or other materials on or available from such sites or resources. PacketExchange provides these links as a convenience, and such provision does not imply endorsement by PacketExchange of those sites. PacketExchange is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. Forward-Looking Statements
This Web site contains forward-looking statements by PacketExchange' management, which are based on current expectations. These forward-looking statements are subject to numerous risks and uncertainties. As a result, actual results may differ materially from what is expected. Please refer to PacketExchange' most recent Form 10-K, Forms 10-Q and Forms 8-K and other filings with the SEC (www.sec.gov) for information concerning factors that may cause results to vary. PacketExchange assumes no obligation to update PacketExchange' forward-looking statements.
PacketExchange may send notices to you via either email or regular mail for the purpose of advising you of any of PacketExchange' products or services, for such other purpose(s) as PacketExchange deems appropriate.
9. Copyright Policy
PacketExchange respects the intellectual property of others, and we ask our customers and visitors to our Web site to do the same. At our discretion and in appropriate circumstances, PacketExchange may terminate or suspend service to customers who repeatedly infringe upon the copyright, or other intellectual property rights, of others.
If you believe that PacketExchange or one of its customers has copied your work in a way that constitutes copyright infringement or other violation of your intellectual property, please send written notice to copyright@PacketExchangenetworks.com or PacketExchange Corp., Attention: Legal Department - Copyright, 818 W. 7th Street, Los Angeles, California 90017.
10. Governing Law
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of California, United States of America (except that body of law controlling conflicts of law).