TERMS OF USE

Acceptance of Terms

THIS WEBSITE IS OWNED BY MOX NETWORKS, LLC (“MOX”). BY VIRTUE OF YOUR USE OF THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE WITHOUT LIMITATION. SHOULD YOU NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE IN ANY MANNER.

MOX RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME. ANY REVISED TERMS OF USE WILL BE IMMEDIATELY EFFECTIVE AND BINDING UPON YOU FOR ALL USE OF THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE AFTER THE POSTING OF SUCH REVISED TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS OF USE.

It is your obligation to review and agree to our Privacy Policy found at https://moxnetworks.com/privacy-policy/. These Terms of Use together with the Privacy Policy outline your consent to MOX’s use of your data needed to provide services to you.

The content made available on this Website is not an offer for sale of any goods or services, nor does it represent any investment, financial, business legal or other advise of any kind. The provisions of these Terms of Use survive termination of your use or any termination, suspension, restriction, modification or discontinuance of the Website.

Use of this Website

All content posted on this Website, including without limitation its graphics, artwork, design, images, code and other materials is the sole property of MOX. When you use this Website you are not receiving permission to use or any license or right in and to such content, including without limitation any intellectual property or other proprietary rights from MOX. Any unauthorized use of any of the content of this Website may violate copyright or trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You are only granted the right to use this Website for lawful purposes and pursuant to these Terms of Use, and it is made available to you for personal, internal use only. The grant of use herein shall automatically terminate should you breach any of the Terms of Use. In exchange for the use of this Website, you agree not to do any of the following, each a violation of the Terms of Use herein:

1. Download, upload, store, reproduce, distribute, display, sell, alter or modify any of the content made available to you on this Website without MOX’s express written consent;

2. Interfere with or act in any way that negatively affects others’ enjoyment of this Website, including without limitation harassment, stalking, threatening or abusive behavior while using or by virtue of your use of this Website;

3. Use this Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the Subscriber is not logged in, upload or transmit in any way, including without limitation email or post, any viruses, bots of any kind, harmful code, malware, or do or perform any harmful or illegal act of any kind or whatsoever nature against MOX or other users, or any act that limits or harms the functioning of any hardware, software, equipment or other related content or functionality of the Website or its other users;

4. Solicit or circulate solicitation of any advertising, promotional information, or emailing of bulk “junk mail”, “spam” or any other unsolicited materials or information through your use of this Website; or

5. Intentionally or unintentionally violate any applicable laws or any regulations having the effect of law, or permit any other person to do the same, or use this Website in any way other than pursuant to these Terms of Use.

Privacy Policy

Any information that MOX may collect from you by virtue of your use of this Website shall be subject to and handled in accordance with MOX’s current Privacy Policy as found at https://moxnetworks.com/privacy-policy/. Your use of this Website shall constitute your acknowledgment that you have read, understood, and accept the terms of the Privacy Policy.

MOX makes no representation, warranty, or guaranty for the confidentiality or privacy of any communication or information transmitted on the Website, or any communication from any other website linked to or from the MOX Website. MOX shall not be be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other user that is stored on a user’s own equipment, transmitted by a user over networks accessed by the Website, or otherwise connected by the user with the use of the Website.

Intellectual Property and Reservation of Rights

All of the content naming conventions, brands, designs, slogans, icons, trademarks, service marks, logos or any other designations MOX uses in connection with its products or services (“MOX Marks”), and including without limitation all text, data, sound recordings, photographs, graphics, video, or other materials (“MOX Property”), each as provided on this Website by or to MOX by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”), is the express and exclusive property of MOX NETWORKS, LLC and/or such respective Third Party Providers.

Any other intellectual property, service names or company names are the property of their respective owners and you shall not use or display any of the other intellectual property without the prior written permission of such owners.

Except as expressly authorized by MOX or any Third Party Provider, the use, copying or display of any of the MOX Marks or the MOX property, or the property of any Third Party Provider, in any manner whatsoever is expressly prohibited. You shall not use, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, including without limitation electronic, mechanical, photocopying, recording, or otherwise.

Infringing or Objectionable Content; Notices

Individuals who believe that their intellectual property rights have been infringed on in the Website, may contact MOX and request that the infringing material be removed or access to it blocked. MOX will investigate those complaints. Where MOX is satisfied that the infringement is taking place, it will take appropriate action. If you would like to make a complaint to MOX related to any alleged infringing or objection content, you may submit your written complaint to MOX, via certified mail – return receipt requested, overnight courier, or electronic transmission, at the following address:

MOX Networks, LLC
2040 E Mariposa Avenue
El Segundo, CA 90245
Attn: Justin Melnikoff, COO

Email notice to: legal@moxnetworks.com

Disclaimers

EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE FOLLOWING DISCLAIMERS SHALL APPLY TO YOUR USE OF THE WEBSITE:

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE AND THE CONTENT PROVIDED ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, ORAL, STATUTORILY OR OTHERWISE. MOX HEREBY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED UNDER LAW ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OF PURPOSE, TITLE AND NON-INFRINDMENT, AND ANY OTHER WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

2. MOX DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR FREE; THAT THE INFORMATION YOU MAY OBTAIN FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE; THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR ANY OF THE CONTENT OF THE WEBSITE OR CONTENT OF ITS SERVERS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.

3. ANY INFORMATION OR DATA DOWNLOADED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE IS DONE AT YOUR SOLE DISCRETION AND SOLE RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM ANY SUCH DOWNLOADING. NO ORAL OR WRITTEN ADVISE OR INFORMATION OBTAINED BY YOU FROM A MOX REPRESENTATIVE CAN MODIFY THE TERMS OF THIS DISCLAIMER OR THESE TERMS OF USE.

4. MOX SHALL NOT BE LIABLE TO YOU OR ANY USER, OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU, FOR ANY DAMAGES REGARDLESS OF THE FORM OF CLAIM OR THEORY OF RECOVERY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS OR DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSION, OR ARISING OUT OF OR RELATED TO ANY USE, INABILITY TO USE, PERFORMANCE OR NON PERFORMANCE OF THE WEBSITE, EVEN IF MOX HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. YOU AGREE THAT MOX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU FOR ANY TERMINATION, SUSPENSION, RESTRICTION, MODIFICATION OR DISCONTINUANCE OF THE WEBSITE.

Indemnity

YOU HEREBY RELEASE MOX, its Affiliates, and their employees, agents, officers and directors, from and against, and assume all liability for, and indemnify, defend and hold MOX harmless from all suits, actions, damages, or claims made against MOX related to your access or use of the Website, or your violation of these terms of use or the rights of any third party.

In no event shall MOX or its suppliers or partners be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, even if MOX has been advised of the possibility of such damages.

Links to Third Party Sites

This Website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and MOX is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. MOX provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Use of the Website by Children and Minors

The Website is intended to be a general audience and business website. Use of the Website is prohibited for anyone under the age of 13. If you are between 13 and 18 years of age, you must secure authorization from your parents or legal guardian before using this Website. Although it may contain information that may be of interest to children, our website is not directed at children and we do not knowingly collect or solicit personal information from children under the age 13.

Termination

We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, all or any part of this Website, at any time and for any reason and without notice, including, but not limited to restricting the time that all or any part of the Website is available, restricting the amount of use for all or any part of the Website, or restricting or terminating any user’s right to use all or any part of the Website. We reserve the right to suspend or terminate use of this Website to any user who does not follow these Terms of Use, in our sole discretion

Governing Law; Jurisdiction and Venue

This Website is and these terms of use, the rights and obligations of the parties under these Terms of Use, and your use of the Website will be governed by and construed in accordance with the laws of the State of New York (except that body of law controlling conflict of laws) and the United Nations Convention on the International Sale of Goods will not apply. Any suit or proceeding arising out of or relating to the Agreement will be brought in the applicable federal or state court located in New York, New York, and each Party irrevocably submits to the jurisdiction and venue of such courts.

No Waiver

The failure by MOX to insist upon strict performance of any provision of these Terms of Use, or to exercise any rights or remedies, will not be construed as a waiver of its rights to assert any of the same or to rely on any such provisions at any time thereafter, and any waiver must be in writing by MOX. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these terms of use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these terms of use.