IMPORTANT-READ CAREFULLY: YOUR USE OF THE TechnologyUS WEBSITE, TechnologyUS SERVICES
AND ASSOCIATED SOFTWARE (THE "SERVICES") IS CONDITIONED UPON YOUR COMPLIANCE AND
ACCEPTANCE OF THESE TERMS.
This is a legal agreement between you (either an individual or entity) and TechnologyUS,
Inc. ("TechnologyUS"), for use of the Services, media, printed materials, and "online"
or electronic documentation. You agree to be bound by and become a party to all
the terms of this Agreement by joining, or initiating a meeting supported by the
If you do not agree with the terms of this Agreement, do not use, or join any meeting
supported by, the Services.
Any software associated with the Services is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
Please consult it to learn TechnologyUS' current policies to protect the privacy
of your information.
2. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that you are solely
responsible for the content of all visual, written or audible communications sent
by you. You agree that you will not use the Services to send unsolicited mass mailings
outside your company or organization. You further agree not to use the Services
to communicate any message or material that is harassing, libelous, threatening,
obscene, indecent, would violate the intellectual property rights of any party or
is otherwise unlawful, that would give rise to civil liability, or that constitutes
or encourages conduct that could constitute a criminal offense, under any applicable
law or regulation. Although TechnologyUS is not responsible for any such communications,
TechnologyUS may delete any such communications of which TechnologyUS becomes aware,
at any time without notice to you.
3. RIGHT TO USE. Subject to the terms and conditions of this Agreement, TechnologyUS
grants you only the right to use the Services, in accordance with this Agreement.
You receive no rights to, modify, or reproduce, the Services or any associated software.
4. NO COMMERCIAL USE. Other than using the Services for conferences or meetings
in which you are an active participant, and as permitted under the terms and conditions
of this Agreement or other written agreements between you and TechnologyUS, you
may not resell, distribute, make any commercial use of, use on a timeshare or service
bureau basis, or use to operate a Web-site or otherwise generate income from the
5. COPYRIGHT. TechnologyUS and/or its suppliers, as applicable, retain ownership
of all proprietary rights notices and marks in, or displayed by, the Services. You
will not remove, deface or obscure any of IPx Connect's or its suppliers' copyright
or trademark notices and/or legends or other proprietary notices on, incorporated
therein, or associated with the Services.
6. TERMINATION. You may terminate this Agreement at any time by providing a 30 day
written notice to TechnologyUS. If you fail to comply with any term of this Agreement,
TechnologyUS may terminate this Agreement without notice. All Sections, except Section
3, "RIGHT TO USE" shall survive any termination of this Agreement. Upon any termination
of this Agreement, you must cease any further use of the Services and destroy any
copies of associated software within your possession and control.
7. RESTRICTED RIGHTS. The Services and/or any associated software or documentation,
is provided with Restricted Rights, in accordance with DFARS section 227.7202 and
its subparagraphs. You acknowledge that if you are using the services as a representative,
employee or agent of the Department of Defense or other governmental entity of any
country or state, that the Services or portion thereof is classified, in accordance
with 252.227-7014, as "Commercial Computer Software" and any documentation included
in or with the Services, is classified as "Commercial Computer Software Documentation",
both of which were "Developed exclusively at private expense" by TechnologyUS, Inc.,
1207 Shamrock Avenue, Monrovia, CA 91016. You receive no rights to, modify, or reproduce,
the Services or any associated software.
8. EXPORT RESTRICTIONS. You acknowledge that the Services, or portion thereof may
be subject to the export control laws of the United States. You will not export,
re-export, divert, transfer or disclose any portion of the Services or any related
technical information or materials, directly or indirectly, in violation of any
applicable export law or regulation
9. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this
Agreement, or any transfer, sublicensing, copying or disclosure of technical information
or materials related to the Services, may cause irreparable injury to TechnologyUS,
its affiliates, suppliers and any other party authorized by TechnologyUS to resell,
distribute, or promote the Services ("Resellers"), and under such circumstances
TechnologyUS, its affiliates, suppliers and Resellers will be entitled to equitable
relief, without posting bond or other security, including, but not limited to, preliminary
and permanent injunctive relief.
10. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS"
AND TechnologyUS, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TechnologyUS,
ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS,
OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR
SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING
OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. You agree to indemnify,
defend and hold harmless TechnologyUS, its affiliates, officers, directors, employees,
consultants, agents, suppliers and Resellers from any and all third party claims,
liability, damages and/or costs (including, but not limited to, attorneys fees)
arising from your use of the Services, your violation of this Agreement or the infringement
or violation by you or any other user of your account, of any intellectual property
or other right of any person or entity. Without limiting the foregoing, the Services
are not designed or licensed for use in hazardous environments requiring fail-safe
controls, including without limitation operation of nuclear facilities, aircraft
navigation/communication systems, air traffic control, and life support or weapons
systems. Without limiting the generality of the foregoing, TechnologyUS, its affiliates,
suppliers and Resellers specifically disclaim any express or implied warranty of
fitness for such purposes.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL TechnologyUS OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO
PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF TechnologyUS, ITS AFFILIATES,
SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY CASE, TechnologyUS', ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE
LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO
THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES
(IF ANY). Because some states and jurisdictions do not allow the exclusion or limitation
of liability, the above limitation may not apply to you.
12.1 Choice of Law and Forum. This Agreement shall be governed by and construed
under the laws of the State of California, U.S.A., exclusive of its choice of law
principles. The parties consent to the exclusive jurisdiction and venue of the courts
located in and serving San Diego County, California.
12.2 Waiver and Severability. Failure by either party to exercise any of its rights
under, or to enforce any provision of, this Agreement will not be deemed a waiver
or forfeiture of such rights or ability to enforce such provision. If any provision
of this Agreement is held by a court of competent jurisdiction to be illegal, invalid
or unenforceable, that provision will be amended to achieve as nearly as possible
the same economic effect of the original provision and the remainder of this Agreement
will remain in full force and effect.
12.3 General Provisions. This Agreement embodies the entire understanding and agreement
between the parties respecting the subject matter of this Agreement and supersedes
any and all prior understandings and agreements between the parties respecting such
subject matter. IPx Connect may change the terms of this Agreement at any time by
posting modified terms on its website. This Agreement has been prepared in the English
Language and such version shall be controlling in all respects and any non-English
version of this Agreement is solely for accommodation purposes. All notices or other
correspondence to TechnologyUS under this Agreement must be sent to the address
provided in Section 7 above, or other address as provided by TechnologyUS for such
purpose. Any and all rights and remedies of TechnologyUS upon your breach or other
default under this Agreement will be deemed cumulative and not exclusive of any
other right or remedy conferred by this Agreement or by law or equity on TechnologyUS,
and the exercise of any one remedy will not preclude the exercise of any other.
The captions and headings appearing in this Agreement are for reference only and
will not be considered in construing this Agreement.