Terms of Service BalsamWest FiberNET

Request Information about BalsamWest FiberNET

Legal > Terms Of Service

Acceptable Use Policy

Revised 3/28/2006

Introduction
BalsamWest maintains this site for your personal information, entertainment, and enjoyment. Please feel free to browse, download from, talk back to, and otherwise use the site. At the same time, please remember that your access to the BalsamWest FiberNet site is subject to the following Terms of Service as well as all applicable laws. By accessing and using the BalsamWest FiberNet site, you accept the Terms of Service without limitation or qualification, and acknowledge that any other agreements you may have with any third party are superseded by the Terms of Service, to the extent that conflict exists.

BalsamWest may at any time revise these Terms of Service by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms of Service from time to time. BalsamWest reserves the right, without notice and for any reason, to remove any content on this site, and to deny access of any user or users to all or any part of this site.

Copyrights and Other Rights
You should assume everything on the BalsamWest FiberNet site is copyrighted unless otherwise noted and may not be used except as provided in the Terms of Service or with the express written consent from BalsamWest FiberNet, LLC. BalsamWest neither warrants or represents that your use of the material displayed on the BalsamWest FiberNet site will not infringe rights of third parties. Any product, service, program, or technology described on the BalsamWest FiberNet site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by BalsamWest. Any such right that is not expressly licensed herein is reserved by BalsamWest.

Images displayed on the BalsamWest FiberNet site are either the property of, or used with permission by, BalsamWest. Use of these images by you or other third parties is prohibited unless expressly permitted in the Terms of Service or elsewhere on the BalsamWest FiberNet site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Any product, service, program or technology described in any document published by BalsamWest on this site may be the subject of other intellectual property rights owned by BalsamWest. Any such right that is not expressly licensed hereunder is reserved by BalsamWest.

Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the BalsamWest FiberNet site are registered and unregistered Trademarks of BalsamWest and others. Nothing contained on the BalsamWest FiberNet site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the BalsamWest FiberNet site without the written permission of BalsamWest or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the BalsamWest FiberNet site is prohibited. BalsamWest reserves the right to enforce its intellectual property rights, including via civil and criminal proceedings.

Submissions
Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the BalsamWest FiberNet site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the BalsamWest FiberNet site may be used by BalsamWest for any purpose including but not limited to reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to BalsamWest FiberNet, you irrevocably transfer and assign to BalsamWest, and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. BalsamWest FiberNet is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the BalsamWest FiberNet site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.

By using this site, you may submit, or BalsamWest FiberNet may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, BalsamWest is free to use such information for any purpose it deems appropriate.

Liability Disclaimer
The information, software, products, and services included in or available thorough the BalsamWest FiberNet site may include inaccuracies or typographical errors. Changes are periodically made to the BalsamWest FiberNet site and to the information therein. BalsamWest and/or its respective suppliers may make improvements and/or changes in the BalsamWest FiberNet site/services at any time. Advice received via the BalsamWest FiberNet site should not be relied upon for personal, tax, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

BalsamWest and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, and services contained within the BalsamWest FiberNet site for any purpose. All such information, software, products, services are provide "as is" without warranty of any kind. BalsamWest and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that BalsamWest shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through BalsamWest FiberNet site or service. You specifically agree that BalsamWest is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that BalsamWest is not responsible for any content sent using and or included in a BalsamWest FiberNet site by any third party.

In no event shall BalsamWest be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the BalsamWest FiberNet site/services, with the delay or inability to use the BalsamWest FiberNet site/services or related services, the provisions of or failure to provide services, or for any information, software, products, services and related graphics obtained through the BalsamWest FiberNet site, or otherwise arising out of the use of the BalsamWest FiberNet site, whether based on contract, tort, negligence, strict liability or otherwise, even if BalsamWest or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the BalsamWest FiberNet site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the BalsamWest FiberNet site.

Links
The BalsamWest FiberNet site may contain links to third party sites. Such sites are not under the control of BalsamWest FiberNet and BalsamWest is not responsible for the contents of any linked site(s), including without limitation any link contained in a linked site or any changes or updates to a linked site. BalsamWest is not responsible for webcasting or any other form of transmission received from any linked site nor is BalsamWest responsible if the linked site is not working appropriately. BalsamWest simply provides such links to you only as a convenience, and the inclusion of any link does not imply endorsement by BalsamWest of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites.

Any dealing with third parties (including advertisers) included within the BalsamWest FiberNet site and services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. BalsamWest shall not be responsible or liable for any part of any such dealing or promotions.

Legality
The Terms of Service shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. Each party to the site Terms of Service hereby submits to the exclusive jurisdiction of the courts within the State of North Carolina, and waives any jurisdictional venue or inconvenient forum objections to such courts.

Any failure by BalsamWest to enforce any of its rights under the Terms of Service or applicable laws shall not constitute a waiver of such right. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, you, BalsamWest, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms of Service provisions shall retain their full force and effect.

United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the BalsamWest FiberNet site to or from any countries or foreign nationals in violation of such laws or regulations.

Please note that BalsamWest FiberNet is operated by BalsamWest FiberNET, LLC. Please also read over the BalsamWest FiberNet Privacy Policy. If you have any questions, comments, criticisms, or complaints about BalsamWest FiberNet, please feel free to email us at webmaster@balsamwest.net.