Your access to and use of our site is subject to the following terms and conditions and all applicable laws. By accessing and using our site, you accept the following Terms of Use and consent to the information practices set forth in our Privacy Statement, without limitation or qualification. We reserve the right to modify these Terms of Use at any time, and such modification shall be effective immediately upon posting on our site. You agree to review our site periodically to ensure that you are aware of any modifications. Your continued access or use of our site shall be deemed your conclusive acceptance of the modified Terms of Use.  If you do not agree, do not use our site.

Certain areas of our site, such as sites where you can download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on our site, you agree to comply with such guidelines and rules.

Unless otherwise stated, the contents of our site are the property of ThruPoint, Inc., and are copyrighted under the laws of the United States and other copyright laws. ThruPoint, the ThruPoint Logo, OptiPoint and Connect with Intelligence are trademarks of ThruPoint, Inc. All other trademarks, logos and service marks used or referred to in our site are the property of their respective owners.

Please note that any product or service referenced on our site may be subject to other proprietary rights reserved by ThruPoint and are not licensed hereunder. Our site and the content provided on our site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of ThruPoint, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

Our site may include links to third party websites as a way of providing you with access to other helpful sites and information. Although we use discretion with whom we associate, some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These third party sites are not under our control and the links on our site do not mean that we endorse these third party sites or any third party’s products or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites.  In addition, please note that the information provided on our site is for informational purposes only and may include technical inaccuracies and typographical errors.

By accessing our site, you agree that the statutes and laws of the State of New York, USA, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of our site. Those who chose to access our site from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent applicable. You agree that any legal action or proceeding between ThruPoint and you for any purpose concerning these Terms of Use or the parties' respective obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in New York County, New York, USA, or the United States District Court for the Southern District of New York, USA.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST us, our subsidiaries and other affiliated companies, and our respective employees, contractors, officers, directors and agents BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK, USA, OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK, USA, FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Unless expressly stated otherwise herein, any information submitted by you through our site shall be deemed non-confidential and non-proprietary. By accessing our site, you represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms of Use and to use this site in accordance therewith. You further agree to be financially responsible for your use of our site (as well as for use of your account by others) and to comply with your responsibilities and obligations as stated herein.

OUR SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND THRUPOINT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO OUR SITE OR ANY SITE, PRODUCT OR SERVICE ACCESSIBLE THROUGH OUR SITE. THE CONTENTS OF OUR SITE DO NOT MODIFY OR SUPPLEMENT ANY REPRESENTATION OR WARRANTY RELATING TO THRUPOINT PRODUCTS OR SERVICES THAT ARE AGREED TO BY THRUPOINT IN A SEPARATE CONTRACT. THRUPOINT 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 THRUPOINT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH OUR SITE, ANY CONTENT ON OR ACCESSED THROUGH OUR SITE OR ANY SITE LINKED HERETO, OR ANY COPYING, DISPLAYING, OR USE THEREOF.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors and agents harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of our site.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Your right to use our site automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with our site.  We also reserve the right, in our sole discretion, to terminate your access to all or part of our site for any reason, with or without notice.

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