b) The Materials (defined below) may include technical inaccuracies or typographical errors. Masergy may publish changes to the Materials at any time without notice. Masergy may also make improvements and/or changes in the products and services and/or the programs described in the Materials at any time without notice. Masergy shall have the right to revise these Materials at any time. By linking, accessing, browsing, and/or using Masergy’s Sites, You agree to be bound by any such revisions and should therefore periodically visit Masergy’s Sites.
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b) California Legal Notice. Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. Masergy Communications, Inc., located at 2740 North Dallas Parkway, Suite 260, Plano, Texas 75093, is the provider of the electronic commercial service on Masergy’s Sites.
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Masergy respects the intellectual property of others and asks its content partners and those posting to Masergy Sites to do the same. Masergy’s network may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations. Please see Comcast’s Digital Millennium Copyright Act (DMCA) Policy, which is available at https://www.xfinity.com/dmca, for a description of the procedures to follow if You believe that Your copyrighted work has been copied and is accessible on any of Masergy’s Sites in a way that constitutes copyright infringement. i) Please note that any person who knowingly misrepresents to Masergy that material is infringing shall be liable to Masergy and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Masergy and/or the alleged infringer as a result of Masergy’s relying on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to Masergy that the material was removed or access blocked by mistake or misidentification shall be liable to Masergy and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Masergy and/or the copyright owner or its authorized licensee as a result of Masergy’s relying on such misrepresentation and replacing such removed or blocked material. Masergy’s designated DMCA agent for notices of copyright infringement is: DMCA Notifications, Comcast Cable Communications, LLC, 1800 Bishops Gate Boulevard, Mt. Laurel, NJ 08054, Phone: 877-842-2112, Email: [email protected].
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Masergy is a service provider operating in some, but not all, markets within the U.S. and may provide access to international information, which information may contain references or cross references to products, programs, and services that are not currently available in Your country. Masergy’s provision of references to such products, programs, and services does not necessarily mean or otherwise imply that the products, programs, and services announced or discussed are available in countries other than the United States. Therefore, Masergy may provide access to information that may contain references or cross references to products, programs, and services that are not announced or available in all U.S. markets or all markets where Masergy conducts business.
a) The Materials have been compiled by Masergy from internal and external sources. While Masergy has attempted to provide accurate information on Masergy’s Sites, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, You should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from Masergy’s Sites before You take any action upon it. No advice or information, whether oral or written, obtained by You from Masergy, shall create any warranty not expressly made herein.
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a) Masergy periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Masergy shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or the Internet infrastructure and network external to Masergy’s Sites.
b) MASERGY ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL MASERGY BE LIABLE FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITES, EVEN IF MASERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a) Applicable Law
ii) All information available at Masergy’s Sites is subject to U.S. export control laws and may also be subject to the laws of the country where You reside. All Masergy products and publications are commercial in nature. Any Materials copied or downloaded from Masergy’s Sites for or on behalf of the United States of America, its agencies and or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.