ANDIAMO TELECOM TERMS AND CONDITIONS OF USE
The Andiamo Telecom Web Site is comprised of various Web sites and Web pages operated by Andiamo Telecom LLC or its affiliates and business partners (collectively, the "Andiamo Telecom Web Sites").
By using the Andiamo Telecom Web Sites, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use the Andiamo Telecom Web Sites. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of the Andiamo Telecom Web Sites following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Your use of a particular Andiamo Telecom Web Site included within the Andiamo Telecom Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").
Additionally, the Andiamo Telecom Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Andiamo Telecom Web Site, then these terms shall control.
Agreement To Rules Of User Conduct
You agree to abide by Andiamo Telecom LLC's Rules of User Conduct, including
but not limited to, agreeing not to use the Andiamo Telecom Web Sites
for any unlawful purpose.
Third Party Sites
The Andiamo Telecom Web Sites may produce automated search results or
otherwise link you to other sites on the Internet. These sites
may contain information or material that some people may find
inappropriate or offensive. These other sites are not under the
control of Andiamo Telecom LLC, and you acknowledge that Andiamo Telecom LLC is
not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The
inclusion of such a link does not imply endorsement of the site
by Andiamo Telecom LLC or any association with its operators.
Proprietary Rights
You acknowledge and agree that all content and materials available
on the Andiamo Telecom Web Sites are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary rights
and laws. Except as expressly authorized by Andiamo Telecom LLC, you agree
not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from such materials or content.
Systematic retrieval of data or other content from the Andiamo Telecom
Web Sites to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission
from Andiamo Telecom is prohibited. In addition, use of the content or
materials for any purpose not expressly permitted in these Terms
of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Andiamo Telecom Web Sites is strictly prohibited without the express written permission of Andiamo Telecom. Permission is granted only when certain limited criteria are met.
Copyright Notice
All contents of the Andiamo Telecom Web Sites are: Copyright (c) 1995
- 2001 Andiamo Telecom LLC and/or its Content Providers, 6900 E. Camelback
Rd. Ste 1003, Scottsdale, AZ 85251.
Trademark Notice(if applicable)
Andiamo Telecom LLC SM owns US trademarkes on ……………………………….
Other products or services referenced herein are either trademarks or registered trademarks of Andiamo Telecom and or its affiliates or subsidiaries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
User' Grant Of Limited License
By posting or submitting content to the Andiamo Telecom Web Sites, you:
Grant Andiamo Telecom LLC and its affiliates and licensees the right
to use, reproduce, display, perform, adapt, modify, distribute,
have distributed, and promote the content in any form, Web sites
and for any purpose; and
warrant and represent that you own or otherwise control all of
the rights to the content and that public posting and use of your
content by Andiamo Telecom LLC will not infringe or violate the rights
of any third party.
Procedure For Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible
on the Andiamo Telecom Web Sites in a way that constitutes copyright infringement,
you may notify Andiamo Telecom LLC.
Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE Andiamo Telecom WEB SITES (THE "CONTENT")
ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR
YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. Andiamo Telecom, AND ITS LICENSORS DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE Andiamo Telecom
WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE
Andiamo Telecom WEB SITES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Andiamo Telecom ITS OR ITS LICENSORS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE
Andiamo Telecom WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF Andiamo Telecom LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, Andiamo Telecom LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Andiamo Telecom, you agree to defend, indemnify, and
hold harmless Andiamo Telecom LLC and other affiliated companies, and
their employees, contractors, officers, and directors from all
liabilities, claims, and expenses, including attorney's fees,
that arise from your use or misuse of the Andiamo Telecom Web Sites. Andiamo Telecom
LLC reserves the right, at it 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 Andiamo Telecom LLC in
asserting any available defenses.
International Use
Andiamo Telecom LLC makes no representation that materials on the Andiamo Telecom
Web Sites are appropriate or available for use in locations outside
the United States, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access
the Andiamo Telecom Web Sites from other locations do so on their own
initiative and are responsible for compliance with local laws
Choice Of Law & Forum
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of Arizona, excluding its conflicts
of law rules. You expressly agree that the exclusive jurisdiction
for any claim or action arising out of or relating to these Terms
of Use or your use of the Andiamo Telecom Web Sites shall be filed only
in District Court, Southern District of New York, and you further
agree and submit to the exercise of personal jurisdiction of such
courts for the purpose of litigating any such claim or action.
Severability And Integration
Unless otherwise specified herein, this agreement constitutes
the entire agreement between you and Andiamo Telecom LLC with respect
to the Andiamo Telecom Web Sites and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or electronic)
between you and Andiamo Telecom LLC with respect to the Andiamo Telecom Web Sites.
If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining portions shall remain in full
force and effect.
Termination
Andiamo Telecom LLC reserves the right, in its sole discretion, to terminate
your access to all or part of the Andiamo Telecom Web Sites, with or without
notice.