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Legal Conditions and Terms of Use
The following are terms of a legal agreement between you and NextLevel Internet, Inc. (“NextLevel Internet” or “NextLevel”). By accessing, browsing, using, framing and/or linking to this Web site (“Site”), you acknowledge that you read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Users of this Site acknowledge that they are 18 years or older. If you do not agree to these Terms, do not use this Site.
In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, which shall remain valid and enforceable.
Restrictions on Use of Site
NextLevel Internet, Inc. and its affiliates (collectively “NextLevel”) hereby authorize you to copy the materials published by NextLevel on this Site (the “Materials”) exclusively for non-commercial use by you personally or within your organization. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
Property Rights
The products, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by NextLevel or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of NextLevel or any third party.
General Disclaimer
The Materials have been compiled by NextLevel from internal and external sources. However, while NextLevel has attempted to provide accurate information on the Site, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from this Site before you take any action upon it.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "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, AND NON-INFRINGEMENT.
NEXTLEVEL SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF NEXTLEVEL AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No advice or information, whether oral or written, obtained by a User from NextLevel, shall create any warranty not expressly made herein.
NextLevel periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. NextLevel shall have no liability whatsoever for the resulting unavailability of the Web site or for any loss of data or transactions caused
by planned or unplanned system outages or the resulting delay, misdelivery, or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or the Internet infrastructure and network external
to the Site.
General Disclaimer The Materials have been compiled by NextLevel from internal and external sources. However, while NextLevel has attempted to provide accurate information on the Site, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from this Site before you take any action upon it.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED “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, AND NON-INFRINGEMENT.
NEXTLEVEL SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF NEXTLEVEL AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No advice or information, whether oral or written, obtained by a User from NextLevel, shall create any warranty not expressly made herein.
NextLevel periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. NextLevel shall have no liability whatsoever for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, misdelivery, or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or the Internet infrastructure and network external to the Site.
Third Party Web Sites
This Site may provide links or references to other sites, including sites provided by the United States government; NextLevel has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. NextLevel does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. NextLevel reserves the right to terminate any link or linking program at any time. You acknowledge that this Site may link to other Web sites not controlled by NextLevel and that NextLevel is not responsible for the data collection policies of these sites. Consult the Terms of Use, Acceptable Use Policies, or other agreements of each Web site you visit.
There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. NextLevel does not make any representations or give any warranties with respect to any information contained in or at these other sites and NextLevel shall not be liable for any damages or injury arising from the content of these other sites. NextLevel does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by NextLevel, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other Web sites pertaining to any of the Materials located at this Site. Contact NextLevel Support at support@NextLevelInternet.com to seek approval for linking to this Site.
Updates
The Materials published on this Site may include technical inaccuracies or typographical errors. Changes -- including, but not limited to, quoted prices -- may be made periodically to the Materials. NextLevel may also make improvements and/or changes in the products and services and/or the programs described in the Materials at any time without notice. NextLevel shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
User Communications
Subject to the parameters and restrictions set forth in our Online Privacy Policy, NextLevel is under no obligation to refrain from reproducing, publishing, or otherwise using communications you send to or receive from this Site or otherwise send to or receive from NextLevel by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby give NextLevel your consent to use your personal data consistent with NextLevel's Online Privacy Policy.
Products and Services Availability
NextLevel is a service provider operating in some, but not all, markets within the U.S. Therefore, it may provide access to information that may contain references or cross references to products, programs, and services that are not announced or available in all U.S. markets. NextLevel provision of references to such products, programs, and services does not necessarily mean or otherwise imply that the products, programs, and services announced or discussed are available in all United States markets or all markets where NextLevel conducts business.
Governing Law and Jurisdiction: Compliance With Laws
These terms and access to this Site are governed by U.S. Federal Law and/or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in San Diego, California, U.S.A. You and NextLevel agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All NextLevel products and publications are commercial in nature. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Waiver
No delay or omission by NextLevel to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by NextLevel of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
Trademark Information
NextLevel Internet, NextLevel Co-Location, NextLevel Voice, NextLevel Office and the NextLevel Internet logo are trademarks of NextLevel Internet, Inc. The NextLevel Internet trademark and other designated product and feature names are trademarks of NextLevel Internet, Inc. and may be used publicly only with prior permission from NextLevel. Fair use of NextLevel trademarks in advertising and promotion of NextLevel products and services requires proper acknowledgment.