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Indemnification

You agree to indemnify, defend, and hold harmless Wire One and its officers, directors, employees, agents, affiliates, suppliers, business partners, and any other party involved in creating, hosting, transmitting, or distributing the Wire One Site from any claim, action, demand, loss, or damages (including reasonable attorneys’ fees) arising out of or related to any User Content, you use of the Wire One Site, an violation of these terms and conditions by you, or any violation of any intellectual property right or other right of any person or entity by you.

Events Beyond the Control of Wire One

You absolve and release Wire One from any claim of harm resulting from any cause beyond Wire One’s control, including but not limited to failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Submissions

All concepts, ideas, comments, manuscripts, illustrations, and other materials that you disclose or offer to Wire One on or in connection with the Wire One Site are submitted without any restrictions or expectation of confidentiality. Wire One shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. Wire One shall have the right to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public, such submissions (except for submissions of personal information which shall be subject to the terms of the Wire One Privacy Policy), in whole or in part, in any form or media now know or hereafter invented, including the right to incorporate such submissions in other works, without notice or compensation to you. Wire One shall have the right to sublicense any such submissions to third parties, and to otherwise exploit any proprietary rights in such submissions, including copyright, trademark, service mark, and patent rights.

Confidentiality on Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Neither Wire One nor its affiliates, suppliers, or business partners are responsible for the security of any information transmitted via the Internet. You assume all risks involved in transmitting material to or from the Wire One Site and must make your own determination as to these matters. For more private communication with Wire One, you may contact Wire One at 1100 First Avenue, Suite 400, King of Prussia, PA 19406, or by telephone at 1-888-44Wire One.

Choice of Law; Arbitration

These terms and conditions shall be governed by a construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect to its conflict of laws principles. Except for allegations that you have infringed or have threatened to infringe Wire One’s intellectual property rights, any dispute or controversy between you and Wire One, or arising under or concerning performance or breach of these term and conditions, shall be settled by one arbitrator in binding arbitration, to be held in Philadelphia, Pennsylvania, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in a court of competent jurisdiction. In the event that Wire One alleged that you have infringed or threatened to infringe Wire One’s intellectual property rights, then, in addition to any other rights and remedies Wire One may have, Wire One may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Philadelphia, Pennsylvania, U.S.A.

Notices

Except as expressly stated otherwise, all notices to Wire One shall be sent to the email address provided on the Wire One Site (e.g. webmaster@wireone.com). Wire One’s street address is 1100 First Avenue, Suite 400, King of Prussia, PA 19406, or by telephone at 1-888-44Wire One. All notices to you shall be sent to the email address you provided to Wire One during the registration process. Such notice shall be deemed given one business day after the email is sent.

Miscellaneous

These terms and conditions constitute the entire agreement between you and Wire One relating to your use of the Wire One Site. Any of these terms and conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining terms and conditions or affecting the validity or enforceability of such terms and conditions in any other jurisdiction. Failure to insist on strict performance of any of these terms and conditions will not operate as a waiver of any subsequent default. No waiver by Wire One of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Your use of the Wire One Site must comply with all applicable laws, rules, and regulations that govern the export of technical data. Any action or claim against Wire One must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. Any rights not expressly granted herein are reserved to Wire One.

A printed version of these terms and conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Information

Any questions regarding the Wire One Site and any requests for additional information concerning Wire One may be directed to Wire One at support@wireone.com.

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