Broadview Networks Terms and Conditions

Terms and Conditions

Broadview Networks requires that all persons or entities visiting its Web Site agree to and accept the following Terms and Conditions. By accessing the Broadview Networks Web Site, you confirm your agreement to and acceptance of these Terms and Conditions. The term “Broadview Networks” includes all of the parents, subsidiaries and affiliates of Broadview Networks, Inc., as well as their successors and assigns.

Limitation on Liability

You assume all responsibility and risk for the use of the Broadview Networks Web Site and the Internet generally. In no event shall Broadview Networks be liable for any direct, special, indirect, consequential, exemplary or punitive damages or any damages whatsoever, including, but not limited to, loss of use, data or profits (even if Broadview Networks has been advised of the possibility of such damages), without regard to the form of any action, including, but not limited to, contract, negligence or other tortuous actions, arising out of or in connection with (i) your use of or your inability to use the Broadview Networks Web Site, (ii) your use, copying or display of the content of the Broadview Networks Web Site, (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Broadview Networks Web Site; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Broadview Networks Web Site; (vi) any other matter relating to the Broadview Networks Web Site or (vii) your use of the Internet generally, under contract, tort or any other cause of action or legal theory. Broadview Network’s liability in conjunction with your use of the Broadview Networks Web Site and the content thereof shall be limited to the greatest extent permitted by law.

Disclaimer of Warranties

Although Broadview Networks believes the content of its Web Site to be accurate, complete and current, Broadview Networks nonetheless makes no warranties as to the accuracy, completeness or currency of the content of the Broadview Networks Web Site. It is your responsibility to evaluate the accuracy, completeness and currency of the information you obtain from the Broadview Networks Web Site and to verify such information before relying on it. The Broadview Networks Web Site may include technical inaccuracies or typographical errors.

Access to the Broadview Networks Web Site and the content provided thereon is provided on an “as is” and “as available” basis. Broadview Networks disclaims all warranties, representations or endorsements, express or implied, with regard to the Broadview Networks Web Site, the content thereon and the Internet generally, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the generality of the above, Broadview Networks makes no warranty that (i) the Broadview Networks Web Site will meet your requirements, (ii) the Broadview Networks Web Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use the Broadview Networks Web Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Broadview Networks Web Site will meet your expectations, and (v) any errors in the Broadview Networks Web Site will be corrected.

Any material downloaded, uploaded or otherwise obtained through the use of the Broadview Networks Web Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of the Broadview Networks Web Site.

No advice or information given by Broadview Networks or its employees shall create any warranty.

Disclaimer of Endorsements

Reference on the Broadview Networks Web Site to products, services or processes of or hypertext links to third parties or to any other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by or affiliation with Broadview Networks. Third party vendors to whom reference is made on the Broadview Network Web Site are solely responsible for information regarding their products and services.

Trademarks

The names and logos of Broadview Networks and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Broadview Networks and may not be used in any manner without the prior written consent of Broadview Networks. All other product and service marks referenced on the Broadview Networks Web Site are trademarks of their respective third party owners.

The contents of the Broadview Networks Web Site are the copyrighted work of Broadview Networks. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials available on the Broadview Networks Web Site. Nothing on the Broadview Networks Web Site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Broadview Networks or any third party by virtue of it being displayed or made accessible on the Broadview Networks Web Site.

Limitations on Use

Broadview Networks grants to you a limited, non-exclusive, non-transferable, revocable license to use the Broadview Networks Web Site for its intended purposes only. You may not sell, resell, or otherwise use or commercially exploit the Broadview Networks Web Site other than by using it for its intended purposes. Systematic retrieval of data or other content from the Broadview Networks Web Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Broadview Networks is prohibited. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of the Broadview Networks Web Site for any purposes other than its intended purposes or other than as expressly permitted by these Terms and Conditions.

You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Broadview Networks Web Site or create derivative works based on the Broadview Networks Web Site. For purposes of these Terms and Conditions, "reverse engineering" shall include the examination or analysis of the Broadview Networks Web Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Broadview Networks Web Site’s underlying technology.

Consent to Monitoring and Disclosure

Broadview Networks is under no obligation to monitor the information residing on or transmitted to the Broadview Networks Web Site. By accessing the Broadview Networks Web Site, however, you agree that Broadview Networks may (i) monitor the site to comply with any applicable laws, regulations or governmental requests, and (ii) operate the Broadview Networks Web Site in such manner as Broadview Networks deems proper or deems necessary to protect against conduct it deems inappropriate, each in Broadview Networks sole discretion.

Security

You agree to comply with any security processes and procedures (such as passwords) specified by Broadview Networks with respect to access to or use of the Broadview Networks Web Site. Further, you agree not to access or attempt to access any areas of or through the Broadview Networks Web Site which are not intended for general public access, unless you have been provided with express written authorization to do so by Broadview Networks.

Whenever you provide Broadview Networks information on the Broadview Networks Web Site, you agree to provide true, accurate, current and complete information and to promptly update such information to keep it true, accurate, current and complete.

Changes and Other Terms

At any time and from time to time, Broadview Networks my make changes to the content of the Broadview Networks Web Site, including, but not limited to, the products and services described thereon. Broadview Networks may modify these Terms and Conditions at any time and from time to time, and such modifications shall be effective immediately upon their posting on the Broadview Networks Web Site. Your continued use of the Broadview Networks Web Site following such modifications will confirm your agreement to and acceptance of the modified Terms and Conditions. Access to particular areas of the Broadview Networks Web Site may be subject to additional or different terms and conditions as specified by Broadview Networks from time to time.

Failure to Comply

Broadview Networks has the right to terminate or restrict your access to the Broadview Networks Web Site, unilaterally and without notice, in the event that you violate any of these Terms and Conditions. Broadview Networks also reserves the right to pursue any and all remedies at law or equity in connection with any violation of these Terms and Conditions.

Information Provided by You

Unsolicited information provided by you that does not contain personal, individually identifiable information, including but not limited to unsolicited feedback, data, questions, comments, suggestions or the like shall be deemed confidential and Broadview Networks shall be free to reproduce, use, disclose and distribute the information to others without limitation. Additionally, Broadview Networks shall be free to use unsolicited ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such information.

Indemnification

You agree to indemnify, defend and hold harmless Broadview Networks, its officers, directors, employees, agents, licensors and suppliers from and against any claim or demand, including reasonable attorneys' fees, mde by any third party due to or arising out of your use of or connection to the Broadview Networks Web Site, your violation of these Terms and Conditions or your violation of the rights of third parties. These obligations will survive any termination of your relationship with BellSouth or your use of our Site. BellSouth reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with BellSouth in asserting any available defenses.