Terms of Use

Welcome to the iXP, public safety and emergency communications problem solvers website ("Site"). Your access to and use of this Site is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and using this Site, you accept the following terms and conditions, without limitation or qualification.

Privacy

Please review our Privacy Policy, which also governs your visit to this Site and which is incorporated herein by reference.

Site contents

All materials, including all images, illustrations, designs, icons, photographs, video clips, text, software and other materials that are part of this Site (collectively, the "Contents") are owned exclusively by iXP and/or its content providers and are protected by United States and international law. The Site as a whole, including the "look and feel," compilation and arrangement of the Contents and trade dress, is owned exclusively by iXP and is protected by United States and international law. iXP Corp., SAIF^SM and other iXP marks, logos and designs appearing on this Site are the exclusive trademarks and service marks of iXP. All other trademarks and service marks appearing on this Site not owned by iXP are the property of their respective owners. You may not use any such marks for any purpose without the express prior written permission of the owner.

Use of Site; Restrictions

This Site and its Contents may be used solely for your own personal, non-commercial use. You may view and print a copy of the Contents displayed on the Site, and download a copy of any Contents specifically designated for downloading from this Site, for your personal use only; provided, however, that you may not alter any such Contents in any way, including, but not limited to, removal or modification of any copyright or other proprietary notices affixed thereto. No right, title or interest in any such materials, software or other Contents is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), duplicate, publish, frame, transmit, distribute, display, modify, create derivative works from, sell, license or participate in any of the foregoing or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. Links to this Site should not be made without the express prior written permission of iXP. Any rights not expressly granted herein are reserved.

No Creation of Services Relationship

The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and iXP.

Accuracy of Information

While iXP uses reasonable efforts to furnish accurate and up-to-date information, iXP does not warrant that any information contained in this Site is accurate, complete, reliable, current or error-free. iXP assumes no liability or responsibility for any errors or omissions in this Site. iXP expressly disclaims any duty to update or revise the Contents of this Site, although iXP may modify the Contents at any time without notice. Any use you make of the information provided on this Site is entirely at your own risk.

Links to Third Party Sites

Links on this Site may lead to services or sites not controlled or operated by iXP. iXP provides these links solely for the convenience and information of its Site users. No judgment or warranty is made with respect to such other services or sites, and iXP assumes no responsibility or liability for such other sites or services or the parties that operate them. A link to another site or service is not necessarily an endorsement of that site or service. You should carefully review their privacy statements and other conditions of use. Any use you make of any site or service linked to by this Site is entirely at your own risk.

Disclaimer of Warranties; Limitations of Liability

THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND iXP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, iXP EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL iXP BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, ANY SITE OR SERVICE LINKED TO THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, EVEN IF iXP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Feedback and Other Suggestions

All feedback, ideas and other suggestions submitted by you through this Site shall be deemed non-confidential and non-proprietary, and iXP shall be entitled to the unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use and/or disclosure. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential or proprietary.

Applicable Laws; Exclusive Jurisdiction

This Site and the Contents hereof are displayed solely for the purpose of promoting iXP's services available in the United States and Canada. This Site is controlled and operated by iXP from its offices in Lawrenceville, New Jersey, USA. iXP makes no representation that this Site or any content on or accessed through this Site is appropriate or available for use in locations other than the United States of America. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms of Use and your use of this Site shall be governed by the laws of the State of New Jersey, USA, without regard to any conflict of law provisions. Subject to the dispute resolution procedures set forth below, any dispute arising out of or relating to these Terms of Use or your access to or use of this Site shall be resolved exclusively by the state and/or federal courts located in New York, New York, USA, and you expressly consent to the exclusive personal jurisdiction of such courts.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms of Use or breach hereof, or otherwise relating to this Site (with the exception of injunctive relief sought by iXP for any violation of iXP's proprietary rights), shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties. Such arbitrators shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be New York, New York, USA. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Termination or Suspension of Access

iXP reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part.

Modifications
iXP reserves the right to modify these Terms of Use at any time for any reason upon posting. By continuing to use this Site after any changes are posted, you acknowledge your acceptance of such revised Terms of Use.

Miscellaneous

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of these Terms of Use, and these Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of iXP to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. iXP is in no way affiliated with MCI or EDS.

Minors

This Site is not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS SITE.

Contact

In the event of any question relating to this Site, please contact us.