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.
3. Restrictions on Use of the Site and Its Content
4. Termination of Usage
a) Trademark and Copyright Notices. “Masergy Communications, Inc.,” “Masergy,” “Masergy UK Limited”, and the Masergy logo are trademarks, services marks, and/or trade names Masergy, are proprietary to Masergy, and may not be used in connection with any product or service that is not Masergy’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks, product names, company names and logos are the property of their respective owners.
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.
i) Currently there are no charges to the consumer imposed by Masergy for use of Masergy’s Sites. Masergy reserves the right to change its pricing and to begin charging for use of all or any portion of Masergy’s Sites.
ii) The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
6. Communications with Masergy
7. Copyright Infringement Notification
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].
a) Masergy’s Sites may provide links or references to other sites, including sites provided by the United States government. Masergy has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. Masergy does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to Users and, if You decide to access any of the third party sites linked to Masergy’s Sites, You do so entirely at Your own risk. Masergy reserves the right to terminate any link or linking program at any time. You acknowledge that Masergy’s Sites may link to other Web sites not controlled by Masergy and that Masergy is not responsible for the data collection policies of these sites. b) There may be circumstances where access to Masergy’s Sites is provided by a hypertext link located at another Web site. Masergy does not make any representations or give any warranties with respect to any information contained in or at these other sites and Masergy shall not be liable for any damages or injury arising from the content of these other sites. Masergy does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to Masergy’s Sites at their Web sites. Unless approved in writing in advance by Masergy, You agree not to: (a) provide or create a link to Masergy’s Sites; and/or (b) create any frames at any other Web sites pertaining to any of the Materials. Please contact Masergy to seek approval for linking to Masergy’s Sites.
9. Products and Services Availability
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.
b) MASERGY’S SITES ARE PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MASERGY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MASERGY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES EXCEPT AS PROVIDED IN ANY APPLICABLE SLA, AND OPERATION OF MASERGY’S SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF MASERGY’S CONTROL.
12. Limitation of Liability
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.