PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
USE OF SITE
You understand that except for information, products or services clearly indicated as being supplied by the Company, Xchange Telecom does not operate, control, or endorse any information, products or services on the Internet in any way. You also understand that the Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
You agree (1) not to post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person; (2) not to post or transmit any message, data, image or program which is pornographic in nature; (3) not to interfere or disrupt this site or networks connected to this site: (4) not to post or transmit any file which contains viruses, worms or any other contaminating or destructive features; (5) not to use the Site to collect or obtain personal information , including without limitation, financial information, about others users of the Site; (6) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (7) not to use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others. You agree to comply with all policies and procedures connected to the Site.
COPYRIGHTS, INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
All content on the Site is owned by the Company. You may access, print and download portions of material from different areas of the Site solely for your non-commercial use. The information on the Site may not be altered, distributed or displayed without the express consent of Xchange Telecom. Xchange Telecom may change the content of the Site at any time, without prior notification, and will not be liable to any party in any way for possible consequences of such changes. The trademarks, trade names, service marks and products referenced on this site ("Marks") are protected in the United States and internationally. The use or misuse of the Marks, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
The Site may provide links or references to other sites. The Company shall have no responsibility for the content of such other sites, nor have any liability for any damages or injury arising from your access to, or use of content on, such other sites. Xchange Telecom has no knowledge of information contained in such other sites or the policies applicable to your access to, and use of, such other sites. Xchange Telecom takes no responsibility whatsoever for such information or policies and accepts no liability for any damages resulting from your access to or use of such other sites. Xchange Telecom reserves the right to terminate any link or linking program at any time. The Company does not endorse companies or products to which it links and reserves the right to not as such on its web pages. If you decide to access any of the third party sites linked to the site, you do so entirely at your own risk.
Registration may be required for you to access or use any or all of the Services offered by Xchange Telecom. You must provide accurate, current and complete information as requested on the "Sign Up" page. You acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of the entity requesting Service.
Xchange Telecom DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND Xchange Telecom SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. XCHANGE TELECOM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND ANY INFORMATION MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL Xchange Telecom BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.
You agree to indemnify, defend and hold harmless Xchange Telecom, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
This Agreement may be able terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement.
LIMITATION OF LIABILITY
In no event will Xchange Telecom, Xchange Telecom, Inc., Content Providers and their respective shareholders be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind (including, but not limited to, economic loss, loss of information or data, interruption, delay or loss of access to or use of the internet, and the like), arising in any way or any manner from or relating to this Site, errors or omissions in the content or defects in the services provided by Xchange Telecom hereunder or your access to and use of this Site.
THE LIMITATIONS CONTAINED IN THE SITE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY, AND REGARDLESS OF THE NATURE OR NUMBER OF CLAIMS OR ACTIONS.
APPLICATION OF THESE TERMS
These terms and conditions constitute the entire agreement between you and Xchange Telecom. This Agreement supersedes any and all prior and existing agreements, whether written or oral.
You acknowledge that Xchange Telecom has not made any representations, promises or agreements, to you relating to the subjects addressed by this Agreement that are not embodied herein.