Accelero Communications Incorporated ("Accelero") offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices set forth below ("Terms and Conditions"). Your continued use of the Web site constitutes your agreement to be bound by the Terms and Conditions.

TERMS AND CONDITIONS

Warranties

The information contained on this Web site is provided without any warranties or representations as to accuracy, completeness or timeliness. Accelero does not warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. Accelero assumes no liability or responsibility for any errors or omissions in the content or operation of the Web site. Accelero reserves the right to modify the information contained in this Web site without notice, and makes no commitment to update the information contained in this Web site. Use the Web site at your own risk. This Web site is provided to you "as is," without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply. Accelero also assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Web site or your downloading of any files, images, text or other materials from the Web site.

Exclusion of Liability

In no event will Accelero or any of its affiliates be liable for any direct, indirect, special, consequential, punitive, exemplary or other damages arising out of the use of this Web site, including, without limitation, lost profits, business interruption and loss of programs or other data.

Copyrights

All material contained on the Web site is protected by United States and foreign copyright laws. You may not copy or use any material contained on the Web site without the prior consent of Accelero except for non-commercial viewing. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the content on this site is strictly prohibited.

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Web site are trademarks of Accelero and its affiliates. Other trademarks appear on the Web site with permission from their respective owners. Nothing contained on the Web site should be construed as granting any license or right to use any Trademark displayed on the Web site. Unauthorized use of the Trademarks is strictly prohibited and may constitute trademark infringement, which could subject you to substantial civil and criminal penalties. Accelero will aggressively enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

Links to Other Sites

This Web site may contain links to other Web sites. Such links are meant solely for the user's convenience. Accelero has no control over, and is not responsible for the content found on, external Web sites. Links to such third party Web sites do not constitute sponsorship, endorsement or approval of such Web sites or the contents thereof.

Privacy

Accelero may collect information about visitors to the Web site and can be used in accordance with Accelero privacy policies.

Termination of Privileges

Accelero reserves the right, without warning, to suspend or terminate your privilege of using all or any portion of the Web site for any reason or for no reason at all.

Governing Law and Jurisdiction

The Web site is controlled and operated by Accelero from its office in the state of Pennsylvania. The laws of the state of Pennsylvania and the laws of the United States of America will govern the enforcement of these Terms and Conditions and any disputes that may arise hereunder or result from your use of this Web site.

Entire Agreement

These Terms and Conditions constitute the entire agreement and understanding between you and Accelero with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. Accelero reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by Accelero Communications, Inc. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.


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