Acceptance of Terms
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.
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
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: firstname.lastname@example.org
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.
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.
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.
Governing Law; Jurisdiction and Venue