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Terms of Use
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This Terms of Use,
including all linked to or referenced documents and resources (the
"Agreement"), governs Your (defined below) use of the OFS Fitel, LLC
("OFS", "We" or "Our") Web site ("Site"). Our Site is available for
Your use only on the condition that You agree to the terms and conditions
set forth below, all with the intention to form a legally binding
agreement.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF
THIS AGREEMENT BEFORE USING THE SITE. YOUR USE OF THE SITE SHALL
SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT,
YOU SHOULD IMMEDIATELY EXIT THE SITE.
1. User Eligibility.
The Site is provided by OFS and available only to entities and
people who can form legally binding agreements under applicable
law (referenced hereafter as "You," "Your" or "User"). If You do
not qualify, do not use the Site.
2. Description of Site.
OFS provides Users with on-line access to information regarding
OFS's products and services. OFS may also provide new features or
information on the Site, which shall be subject to this Agreement.
YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED "AS-IS" AND
THAT OFS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,
OR MISDELIVERY OF ANY INFORMATION OR ANY PERSONALIZED SETTINGS.
3. Product Information.
The availability of the products described on this Site, and the
product descriptions, may vary. The OFS products displayed at the
Site are only available in the United States while supplies last.
In some cases, products displayed for sale at the Site may not be
available. OFS cannot guarantee the availability of any particular
product displayed on this Site. OFS reserves the right to
discontinue the sale of any product listed on this Site at any
time, without notice. Product prices offered on this Site may vary
from other advertised or distributor prices due to varying
conditions in different geographic markets. The prices displayed
on this Site are quoted in United States dollars and are valid and
effective only within the United States, and such prices do not
include shipping and handling or sales taxes, if applicable, which
will be added to Your total price. You are responsible for payment
of any shipping and handling and/or taxes that may apply to Your
order. All items purchased from OFS are made pursuant to a
shipment contract. This means that the risk of loss and title for
such items pass to You upon delivery to the carrier. All monetary
amounts shall be paid in United States dollars, payable in ready
funds through a United States bank. Please consult a OFS Account
Executive for specific product and payment information.
While Our goal is a 100% error-free Site, We do not guarantee that
any content is accurate or complete, including price information
and product specifications. If we discover price errors, they will
be corrected in Our systems, and the corrected price will apply to
Your order. OFS reserves the right to revoke any stated offer and
to correct any errors, inaccuracies or omissions including after
an order has been submitted and accepted by OFS.
4. Products.
We have made every effort to display as accurately as possible the
colors and "look and feel" of Our products that appear at the
Site. However, as the actual colors and "look and feel" You see
will depend on Your monitor, OFS cannot guarantee that Your
monitor's display of any products will be accurate.
5. General Practices Regarding Use.
You acknowledge and agree that OFS may establish general practices
and limits concerning the use of the Site, including without
limitation, restrictions on accessing the Site in any given period
of time. You agree that OFS has no responsibility or liability for
the deletion or failure to store any communications or information
collected, maintained or transmitted by the Site. You acknowledge
that OFS reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice
in accordance with Section 18.
6. License and Site Access.
OFS grants You a limited personal, nontransferable,
nonsublicenseable, revocable worldwide license to access and make
personal use or non-commercial use within Your organization, of
the Site. This license does not include any resale or commercial
use of this Site or its contents; any derivative use of this Site
or its contents; or any use of data mining, robots, or similar
data gathering and extraction tools. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or
form) of OFS and Our affiliates without Our prior express written
consent.
7. Your Obligations.
In consideration for Your use of the Site, You agree that if You
decide to send us Your personal information, e-mail us, order Our
products or services or call us with information about You: (a)
You will provide true, accurate, current and complete information
about Yourself ("Your Information") and (b) You will maintain and
promptly update Your Information and any other information
provided by You to OFS to keep it true and accurate, current and
complete. You are prohibited from posting or transmitting any
unlawful, threatening, obscene, libelous, or otherwise offensive
material.
8. Restrictions on Use.
All pages within the Site and any materials made available on
these pages for downloading are the property of OFS and/or its
affiliates or other third parties. The Site and portions of the
Site are protected by federal and international copyright and
trademark laws. This Agreement does not grant any license to
modify or alter the materials on the Site that are viewed,
downloaded or otherwise accessed by You. You shall keep intact all
proprietary notices, including copyright notices, contained on any
downloadable materials and shall comply with any applicable end
User license agreements. You may not input or upload to the Site
any information which contains any viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, the Site or
its contents or that infringes the Intellectual Property (defined
hereafter) rights of another.
Any rights not expressly granted by this Agreement are reserved by OFS.
9. Disclosure of Content Monitoring.
Although OFS has no obligation to monitor any information provided
to the Site by its Users, including without limitation, Your
Information, it reserves the right to monitor, retain, and disclose
such information if required to do so by law or in a good faith
belief that such disclosure is reasonably necessary to comply with
legal requirements, to respond to claims that any information
violates the rights of third parties, or to protect the rights,
property or personal safety of OFS, its Users or the public.
10. Intellectual Property Ownership.
Any and all intellectual property rights associated with the Site
including without limitation, any inventive concepts, know-how, publicity
rights, trademarks, trade-dress, trade secrets, copyrights and patents
("Intellectual Property") are the sole property of Fitel USA Corp.,
an affiliate of OFS, or third party. OFS and the stylized wave design
are trademarks or service marks of Fitel USA Corp. All custom graphics,
icons, and other items that appear on this Site are trademarks, service
marks or trade dress ("Marks") of Fitel USA Corp. or other entities
that have granted OFS the right and license to use such Marks. The
use of any Marks appearing on the Site without the express written
consent from the owner is strictly prohibited. Except as otherwise
expressly authorized by this Agreement, You may not copy, reproduce,
modify, lease, loan, sell, create derivative works from, upload, transmit,
or distribute the Intellectual Property of the Site in any way without
OFS or the appropriate third party's prior written permission. Except
as provided herein, OFS does not grant to You any express or implied
rights to Fitel USA Corp.'s or any third party's Intellectual Property.
Any rights associated with the content of the Site, which is transmitted,
downloaded, or otherwise processed by OFS, shall be retained by the
owner of the content, if any, and may be protected by applicable copyright,
trademark, or other laws. This Agreement does not grant You rights
in and to such content except as set forth in Section 6.
11. Copyright Notice.
Everything on this Site is copyrighted. The copyrights are owned
by Fitel USA Corp., its Affiliate, or the original creator of the
material. However, You are free to view, copy, print, and
distribute OFS material from this Site, as long as:
1. The material is used for information only.
2. The material is used for non-commercial purposes only.
3. Copies of any material include Fitel USA Corp.'s copyright notice.
4. The material is not identified as OFS confidential.
OFS is committed to respecting others' intellectual property rights, and We ask You to do the same. OFS may, in its sole discretion, terminate the accounts or access rights of users who violate others' intellectual property rights.
If You believe that Your work has been copied in a way that constitutes copyright infringement on the Site, please deliver the following information to OFS:
1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. a description of the copyrighted work that You claim has been infringed;
3. a description of where the material that You claim is infringing is located on the Site;
4. Your address, telephone number, and email address so that We may contact You;
5. 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; and
6. a statement by You, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
OFS's Agent for notice of claims of copyright infringement on the Site can be reached as follows:
By Mail:
OFS
Attn: Legal Department
2000 N.E. Expressway Norcross, Georgia 30071
12. NO WARRANTY.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN
IT OR ANY HYPERLINKED WEBSITE, IS PROVIDED, "AS IS," AND "AS
AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, OFS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AND OFS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF THE INFORMATION OR SITE OR AGAINST INFRINGEMENT.
THERE IS NO WARRANTY THAT THE INFORMATION OR SITE PROVIDED WILL
FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THERE IS NO
WARRANTY THAT ANY ORDER MADE BY YOU WILL BE FILLED ACCORDING TO
YOUR SCHEDULE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THIS SITE AND ANY HYPERLINKED WEBSITE.
OFS MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR
REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE SITE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE
SITE, THE INFORMATION PROVIDED OR OTHER MATERIALS OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND/OR (e) ANY ERRORS
IN THE CONTENTS OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL OFS, ITS AFFILIATES, SUBSIDIARIES, 7CO-BRANDERS,
PARTNERS, OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS,
OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY,
SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES WHICH MAY
ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO, BROWSING, USE OF,
OR INABILITY TO USE THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY
CONTENT, INCLUDING WITHOUT LIMITATION DATA, TEXT, IMAGES, VIDEO,
OR AUDIO FROM THE SITE CAUSED BY ANY VIRSUES, BUGS, ACTION OR
INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR
PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN
COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THIS SITE, AND/OR ANY HYPERLINKED SITE, IS TO
STOP USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCENDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ANY LEGAL ACTION CONCERNING THESE AGREEMENT OR THIS SITE MUST BE
BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION
ARISES AND MUST BE BROUGHT IN THE STATE OF DELAWARE.
14. Indemnity.
You agree to indemnify, defend (at the request of OFS), and hold
OFS, and its subsidiaries, affiliates, co-branders, or other
partners, and their respective employees, officers, directors,
agents, and representatives (the "OFS Indemnitees") harmless from
and against any claims, losses, expenses, liabilities damages or
demand (including reasonable attorneys fees) brought against any
OFS Indemnitee resulting from or arising out of: (1) Your
information submitted or transmitted to OFS; (2) Your use or
misuse of the Site or OFS products; (3) Your connection to the
Site; (4) any breach of this Agreement by You; or (5) the
violation of any rights of a third party by You.
15. Privacy Policy.
Our information and certain other information about You is subject
to Our Privacy Policy. For more information, please read Our
Privacy Policy. You should be aware that Web sites linked to the
Site are likely governed by confidentiality and privacy provisions
that differ from the provisions governing the Site. OFS is not
responsible for such provisions, and expressly disclaims any and
all liability relating to such provisions.
OFS hereby incorporates herein, by this reference, the OFS Privacy
Policy into the terms of this Agreement.
16. Submissions.
Any and all comments, material, suggestions, information, or ideas
submitted or posted on this Site will be considered non-
confidential and non-proprietary and shall remain the property of
OFS ("Comments"). By disclosing or submitting Comments to OFS, You
grant to OFS and its affiliates a worldwide, non-exclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display such Comments
without compensation or acknowledgment of source. If any of the
Comments submitted constitutes personal data, You agree that OFS
may use and transmit such personal data in accordance with Our
Privacy Policy.
17. Modifications.
OFS may at any time, and without notice, modify, update, or
otherwise change the terms of this Agreement or the Site and You
agree that You are deemed to be apprised of, and to be bound by
such changes, immediately upon the posting thereof. Accordingly,
We encourage You to visit the Site from time to time to review the
current version of the Agreement.
18. Termination.
OFS may, in its sole discretion, terminate Your use of the Site,
and remove and discard any content within the Site, for any
reason. OFS may also, in its sole discretion, at any time,
discontinue providing the Site or any part thereof, with or
without notice. OFS may terminate Your access to the Site under
any provision of this Agreement without prior notice and OFS shall
not be liable to You or any third party for any termination of
Your access to the Site.
Upon termination or cancellation of this Agreement, You will
immediately (a) discontinue use of the Site and (b) pay to OFS any
outstanding fees accrued prior to such expiration, termination or
cancellation.
19. Links.
While this Site may contain links to third party sites, OFS has no
control over such linked sites and resources. You acknowledge and
agree that OFS is not responsible for the availability of such
linked sites or resources, the content of any linked sites. OFS
provides these links as a convenience and does not endorse the
companies or contents of any linked sites. OFS DOES NOT PROVIDE
ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY
SERVICE PROVIDED VIA SUCH LINKED SITE. YOU ACKNOWLEDGE THAT OFS IS
NOT REPSPONSIBLE FOR THE AVIALBAILITY OF SERVICES OR PRODUCTS
OFFERED OR THE CONTENT LOCATED ON OT THROUGH ANY SUCH LINKED
SITES.
20. Links to Our Site.
OFS prohibits caching of any portion of the Site and any
unauthorized hypertext links to the Site. OFS reserves the right
to disable any unauthorized links or frames. If You desire to
provide a hyperlink from Your website to the Site, You must
contact OFS to discuss mutually agreeable terms for such
hyperlink.
21. Export of Information.
The United States Export Controls laws prohibit the export of
certain technical data and software to certain territories. No
content from this Site may be downloaded or otherwise exported in
violation of United States law. You acknowledge and agree that the
information You submit to Us is being submitted to a company in
the United States, and therefore will be subject to United States
law.
22. Jurisdiction and Choice of Law.
All claims or issues regarding this Site shall be governed
according to the laws of the United States, State of Georgia,
without regard to its conflicts of law principles. OFS makes no
representations that materials on this Site are appropriate or
available for use in other locations, and accessing them from
territories where their content is illegal is prohibited.
23. Notices.
Notices required under this Agreement may be deemed given by
certified mail, postage prepaid, and return receipt requested, to:
OFS
2000 N.E. Expressway,
Norcross, Georgia 30071
Attn: Legal Department.
Notice shall be deemed given seven (7) business days after the date of mailing.
24. Complete Agreement.
This Agreement constitute the entire agreement between You and OFS
with respect to use of the Site, superceding any other agreement
between You and OFS with respect to the subject matter of this
Agreement. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Sections
10, 11, 12, 13, 14, 16, 18, 22, 23, and 24 shall survive
termination of this Agreement. If any provision of this Agreement
is found to be unenforceable, the other provisions shall still
remain in full force and effect
Terms of Use of this Site last update on 07/16/03. Please check back for updates and changes.
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