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PLEASE REVIEW THESE TERMS OF USE ("TERMS") FOR THE FIOS
INC. WEBSITE (THE "SITE"). BY USING THE SITE, YOU AGREE TO THE
FOLLOW AND BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ALL
OF THE TERMS, YOU SHOULD STOP USING THE SITE.
In the event of a conflict between these Terms
and the terms of any written agreement or contract
between Fios and you or your employer, the written
agreement shall control, except that any information
or documents that you upload, post, transmit, distribute
or otherwise publish on or to the Site shall not
be treated as confidential information unless transmitted
to a portion of the Site expressly designated for
that purpose.
Please review these Terms regularly, as they may
change at any time. By using the Site after a change
in the Terms, you agree to follow and be bound
by the Terms as changed.
Intellectual Property
Unless otherwise noted, you should assume that everything you see, hear,
or otherwise receive from or on the Site (the "Content") is copyright,
trademark, trade dress or other intellectual property owned or licensed
by Fios Inc. ("Fios") and protected under U.S. and international laws
and treaties. Content includes, without limitation, software, images,
graphics, artwork, photographs, trademarks, logos, text, documents,
media, video, audio, sounds, the Site as a whole, and the selection,
coordination and arrangement of Content.
FIOS, FENS, DISCOVER THE ANSWER, PREVAIL, ELECTRONIC
DISCOVERY SIMPLIFIED and their associated logos
are trademarks or service marks of Fios. This is
not an exhaustive listing of Fios trademarks or
service marks. Use of any Fios trademark, service
mark, logo or trade dress is prohibited without
prior written permission from Fios. Other trademarks
used on the Site are the property of their respective
owners.
Your Use of the Site
You may use or download Content for the purposes expressly stated for
that Content on the Site, or for your personal noncommercial purposes,
provided you keep unchanged all copyright and other notices with the
Content. No other use, modification, reproduction, display or distribution
of any Content is permitted.
You agree to make only lawful use of the Site,
and to use the Site only in compliance with all
federal, state and local laws and regulations and
any contract you or your employer may have made
with Fios, including these Terms. You agree to
make no use of the Site that violates anyone else's
rights, including copyright, trademark, trade secret,
right of privacy, right of publicity or other rights.
You agree not to upload, post, transmit, distribute
or otherwise publish on or to the Site any materials
that contain a software virus or other harmful
component. You agree not to publish to the publicly
available areas of the Site any materials that
contain advertising or commercial material of any
kind, except as expressly invited by Fios. You
agree not to publish to the publicly available
areas of the Site any materials that are false,
threatening, libelous, defamatory, pornographic,
obscene or otherwise unlawful. Fios is not responsible
or liable for the conduct of any person using the
Site.
Fios may change, suspend or discontinue any Site
feature, or restrict your access to certain Site
features, at any time without prior notice.
Software License
You acknowledge and agree that Fios and/or its licensors own the software
offered on the site all documentation distributed with it, and any
upgrades, updates or enhancements to it (collectively, the "Software").
The Software is protected under copyright and other intellectual property
laws of the United States and international copyright treaties. Upon
installing the Software, you acknowledge and agree to the Terms. IF
YOU DO NOT AGREE WITH ALL OF THE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.
Fios grants to you, and you accept, a limited,
non-exclusive, nontransferable, revocable license
to use the Software, in machine readable, object
code form only, on one personal computer ("License").
You agree to use the Software only as authorized
by the Terms. The Terms convey no ownership rights
or any other interest in the Software. You will
not copy, change, translate, decompile, disassemble,
reverse engineer, loan, lease or sublicense the
Software or any copy thereof. You will protect
the Software from unauthorized use, modification,
reproduction, distribution or publication.
The License is effective on the date you lawfully
acquire the Software, and will remain in force
until terminated. You may terminate the License
by removing the Software from your computer and
destroying all copies of the Software. The License
will automatically terminate if you breach any
of the Terms. You agree to remove the Software
from your computer upon termination.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY.
FIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. FIOS SHALL NOT BE LIABLE
UNDER ANY THEORY FOR DAMAGES SUFFERED BY YOU OR
ANY USER OF THE SOFTWARE. YOU BEAR THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
IN NO EVENT SHALL FIOS OR ITS LICENSORS BE LIABLE
FOR ANY LOST PROFIT OR ANY OTHER DAMAGE, INCLUDING
BUT NOT LIMITED TO SPECIAL, INCIDENTAL, DIRECT,
CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN
IF ADVISED IN ADVANCE OF THE POSSIBLITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
The Software is provided with restricted rights.
Notwithstanding any other lease or license that
may pertain to, or accompany the delivery of, this
software, the rights of the U.S. Government regarding
its use, reproduction and disclosure are as set
forth in Section 52.227-19 of the FARS Computer
Software-Restricted Rights clause.
By clicking "I agree," you state
that you are over 18 years of age and competent
to enter into a contract. If you are installing
software for use at or by your employer, you state
that you are authorized to enter this contract
for your employer.
Links
Any links from the Site to third party sites are provided only as a convenience.
Your use of outside links is at your sole risk. Such links do not mean
that Fios endorses any third party, its site, or its goods or services.
Fios is not responsible for any outside site, service or other materials
linked to or from the Site, and disclaims all liability for any injury
you may experience by using such materials. If you have concerns regarding
any site linked to or from the Site, please direct them to the owner
or operator of the site.
You may not link to any pages other than the Fios
home page. You may not create links to the Site
that portray Fios in a false or misleading light.
You may not use any "framing" or similar techniques
to enclose any portion of the Site.
User Comments and Submissions
To submit comments regarding our Site or services, please contact
us. However, if you are dissatisfied with the Site, any Content,
or any of the Terms, your sole and exclusive remedy is to stop using
the Site.
Disclaimers and Limitations
of Liability.
YOU USE THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW,
FIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION
WITH THE SITE. FIOS PROVIDES THIS SITE, ALL CONTENT AND ALL INFORMATION
AND SERVICES OFFERED ON OR THROUGH THE SITE, "AS IS." FIOS DISCLAIMS
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ACCURACY,
COMPLETENESS, IMPLIED WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
FIOS WILL NOT BE LIABLE FOR ANY LOSS, INJURY OR
DAMAGE RELATED TO YOUR USE OF OR INABILITY TO USE
THE SITE, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL
DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY,
EVEN IF FIOS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions
may not apply to you. Fios does not warrant that
your use of the Site, the operation of the Site,
or any service offered on or through the Site,
will be uninterrupted or error free, that defects
will be corrected, or that the Site or its server
are free of viruses or other harmful elements.
Fios makes no representations regarding the currency,
accuracy or reliability of information on the Site.
Indemnification
You agree to assume full responsibility for any use of any information,
goods or services offered on or through the Site. You understand and
agree that Fios will not be responsible or liable for any claim, loss
or damage arising from the use of any information, goods or services
on the Site.
You agree to defend, indemnify and hold harmless
Fios and its officers, directors, owners, agents,
employees, affiliates, licensees and licensors
from and against any and all claims, damages, costs
and expenses, including reasonable attorneys' fees,
arising from or related to your use of the Site
or your violation of any of the Terms.
Termination
Your failure to comply with the Terms automatically revokes your authorization
to use the Site and any Software, and terminates any and all rights
granted to you under the Terms. Your obligations to Fios will continue
upon termination of your rights under the Terms, including restrictions
regarding the Content, disclaimers, indemnification obligations and
liability limitations under the Terms. Upon termination of your rights,
you must promptly destroy all Content downloaded or obtained from this
Site, as well as all copies of any Content.
Applicable Law and Dispute
Resolution
The Terms will be construed according to the laws of the State of Oregon,
U.S., without regard to its conflicts of laws principles. Any dispute
arising under or relating to the Terms, the Content, the use of the Site,
or any services obtained using this Site, shall be resolved by a court
of competent jurisdiction located in Multnomah County, Oregon. Your use
of the Site constitutes your consent to submit to the jurisdiction and
venue of the state and federal courts located in Oregon. In the event
of a dispute hereunder, the prevailing party shall be entitled to recover
its costs and expenses incurred, including reasonable attorneys' fees.
Miscellaneous
If a court of competent jurisdiction finds any provision or portion of
the Terms to be void or unenforceable, that provision or portion will
be enforced to the maximum extent permissible to implement the intent
of the Terms, and the remainder of the Terms will remain in full force
and effect. No waiver of any of the Terms shall be effective unless
in writing and signed by both parties. No waiver of any past or present
right arising from any breach or failure to perform shall be deemed
to be a waiver of any future right arising under the Terms. The Terms
are the entire agreement between you and Fios relating to the Site.
Any other agreement between you and Fios regarding the subject matter
of the Terms is superseded and has no force or effect. All rights not
expressly granted herein are reserved. |