NETPHONEX TECHNOLOGIES TERMS, CONDITIONS AND PRIVACY POLICY

1.TERMS

By using or visiting the Web Site at www.netphonex.com (the "Web Site"), you expressly agree to be bound by these Terms and to adhere to these Terms and all applicable laws and regulations governing the Web Site usage. Netphonex Technologies reserves the right to change these Terms at any time, effective immediately upon posting on the Web Site. You agree to check this page of the Web Site periodically and to be bound by any amendments to or updated version of these Terms made available by Netphonex Technologies thereon. If you violate these Terms, Netphonex Technologies may terminate your use of the Web Site, ban you from future use of the Web Site and/or take appropriate legal action against you. IF YOU DO NOT OR CANNOT AGREE TO ANY OR ALL OF THESE TERMS, PLEASE DO NOT VISIT OR USE THIS WEB SITE.

These Terms are entered into by and between Netphonex Technologies and you. Through the Web Site, Netphonex Technologies provides you with access to content, features, information and resources (collectively, "Materials") that may be augmented or modified from time to time by Netphonex Technologies on its sole discretion. Unless otherwise agreed upon by you and Netphonex Technologies in writing, these Terms are the only Terms that govern your use of the Web Site and any Materials.



2.PERMITTED USE OF THE WEB SITE AND MATERIALS

You agree that you are only authorized to visit, view and to download and retain copies of pages of this Web Site for your own personal, non-commercial and informational purposes, and that you shall not duplicate, download, publish, or otherwise distribute the Materials on this Web Site for any other purpose. Without limiting the foregoing, you may not modify the Materials or copy or post the Materials on any networked computer or broadcast the Materials in any media. Except as expressly provided herein or unless permitted as "fair use" under U.S. copyright law, you may not display, perform, transmit or otherwise use the Materials without the prior written consent of a duly authorized representative of Netphonex Technologies.

Certain areas of the Web Site may allow users to submit content (collectively, "User Content"), including but not limited to information pertaining to employment opportunities with Netphonex Technologies. In submitting any User Content through the Web Site, you agree not to transmit any unlawful or harmful content, including without limitation any virus or other computer code or files that may interrupt, destroy, disable or limit the functionality of any computer software, hardware, equipment or systems. You further agree not to interfere with, disrupt, or attempt to gain unauthorized access to any restricted part of the Web Site or servers or networks connected to the Web Site. Any User Content will be considered non-confidential and non-proprietary.

The permission to use the Web Site and Materials shall be deemed automatically revoked by Netphonex Technologies without notice if you breach any of these Terms. Upon such revocation, you must immediately destroy any downloaded and printed Materials that you have in your possession. Except for the permission granted to you in this Section 2, these Terms will survive and remain enforceable against you following the revocation of such permission.



3.NETPHONEX TECHNOLOGIES OWNERSHIP OF INFORMATION

You acknowledge and agree that the Materials are owned by Netphonex Technologies and are protected by U.S. and international copyright, trademark and other applicable laws. Where Netphonex Technologies has posted a legal notice or credits on pages of the Web Site, you may not remove such notices or credits, or any additional information contained with any such notices and credits. Within the Materials and pages of the Web Site, Netphonex Technologies has included its names, marks, brands, logos, designs, trade dress, and other designations Netphonex Technologies uses in connection with its product offerings and services (collectively, "Netphonex Technologies Marks"). You may not alter or remove the Netphonex Technologies Marks or display or use the Netphonex Technologies Marks for any purposes without the prior written consent of a duly authorized representative of Netphonex Technologies. Netphonex Technologies reserves all of its rights in the Materials and Netphonex Technologies Marks.



4.DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND MATERIALS IS AT YOUR SOLE RISK. THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETPHONEX TECHNOLOGIES DISCLAIMS ALL EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NETPHONEX TECHNOLOGIES MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS. IN NO EVENT WILL NETPHONEX TECHNOLOGIES BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE MATERIALS.

NETPHONEX TECHNOLOGIES MAKES NO WARRANTY THAT: (i) THE MATERIALS AND/OR WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS AND/OR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE MATERIALS AND/OR WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE FUNCTIONALITY OF THE WEB SITE OR MATERIALS WILL BE CORRECTED.

DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH YOUR USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETPHONEX TECHNOLOGIES OR THROUGH THE WEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.



5.LIMITATION OF LIABILITY

YOU AGREE THAT NETPHONEX TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEB SITE AND/OR MATERIALS OR SUBMISSION OF USER CONTENT TO NETPHONEX TECHNOLOGIES THROUGH THE WEB SITE.

YOUR DEALINGS WITH OTHER ENTITIES PROMOTED ON OR THROUGH THE WEB SITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS ARE SOLELY BETWEEN YOU AND SUCH OTHER ENTITY. YOU AGREE THAT NETPHONEX TECHNOLOGIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS. THE WEB SITE MAY PROVIDE LINKS TO OTHER INTERNET SITES OR RESOURCES. NETPHONEX TECHNOLOGIES HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH SITES AND RESOURCES. YOU AGREE THAT NETPHONEX TECHNOLOGIES IS NOT RESPONSIBLE FOR THE AVAILABILTY OF SUCH SITES AND RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER INFORMATION ON OR AVAILABLE FROM SUCH SITES AND RESOURCES. NETPHONEX TECHNOLOGIES PROVIDES THESE LINKS TO YOU SOLELY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE.

YOU, UNDERSTAND AND EXPRESSLY AGREE THAT NETPHONEX TECHNOLOGIES ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY USER CONTENT, AND THAT YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY USER CONTENT THAT YOU SUBMIT THROUGH THE WEB SITE. NETPHONEX TECHNOLOGIES IS NOT RESPONSIBLE IF THE USER CONTENT YOU SUBMIT CONTAINS ERRORS OR OMISSIONS OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN SECTIONS 4 AND 5 ABOVE MAY NOT APPLY TO YOU.



6.INDEMNIFICATION

YOU AGREE TO HOLD NETPHONEX TECHNOLOGIES HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE AND/OR MATERIALS, INCLUDING WITHOUT LIMITATION YOUR SUBMISSION OF USER CONTENT THROUGH THE WEB SITE.



7.PRIVACY

Netphonex Technologies respects your desire for privacy and recognizes that when you choose to provide Netphonex Technologies with information about yourself, you trust Netphonex Technologies to act in a responsible manner. Netphonex Technologies has put in place a Privacy Statement to protect your personal information. You should read our Privacy Statement before providing any personal data on the Web Site. Except as explicitly specified in the Privacy Statement with respect to personal data included in any User Content, Netphonex Technologies may share or otherwise use your submission for any purpose whatsoever. If any submitted User Content constitutes personal data, you agree that Netphonex Technologies may transmit such personal data across international boundaries for any Netphonex Technologies business purposes and as otherwise provided in the Privacy Statement.



8.APPLICABLE LAWS

The Web Site originates from and is maintained in the United States of America. Netphonex Technologies makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws. You acknowledge and agree that the Materials are subject to U.S. export control laws and regulations, and may be subject to export or import regulations in other countries. You agree that you will not import, export, re-export or transfer the Materials in violation of any applicable laws or regulations of the United States or the country where the Materials were legally obtained. You are solely responsible for obtaining any licenses or authorizations required to import, export, re-export or transfer the Materials. In addition to the above, in the absence of authorization by U.S. and local law and regulations, as required, the Materials may not be used by, or exported or re-exported to any U.S. sanctioned or embargoed country, or to nationals or residents of such countries.

These Terms constitute the entire agreement between you and Netphonex Technologies with respect to your use of the Web Site and Materials, superseding any prior agreements between you and Netphonex Technologies with respect thereto. These Terms and the relationship between you and Netphonex Technologies shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the event of any dispute between you and Netphonex Technologies, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of San Francisco, California. The failure of Netphonex Technologies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event any provision of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and effect shall be substituted for such invalid, illegal or unenforceable provision. You may not assign the Terms or any of your rights or obligations under the Terms without the express written consent of a duly authorized representative of Netphonex Technologies. These Terms inure to the benefit of Netphonex Technologies's successors, assigns and licensees. These Terms are written in the English language, and the governing language of these Terms shall be English. You hereby waive and agree not to assert any right to have these Terms written in the language of your place of residence. The exercise of any right or remedy provided in these Terms shall be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by these Terms.



NETPHONEX TECHNOLOGIES PRIVACY POLICY

This Privacy Statement applies to the Netphonex Technologies web site ("Web Site") and governs collection and usage of your personal information. Netphonex Technologies provides this Online Privacy Statement to make you aware of our privacy policy and practices and of the choices you can make about the way your information is collected and used. By using the Web Site, you agree with policies and practices described in this statement.

Netphonex Technologies, Inc. ("Netphonex Technologies") is committed to respecting your privacy. You can visit the Web Site without identifying yourself or revealing any personal information. Once you choose to provide Netphonex Technologies with personally identifiable information, you can be assured that it will only be used to support your customer or partner relationship with Netphonex Technologies.

If you browse Netphonex Technologies' web site anonymously, Netphonex Technologies doesn't collect personal information. Otherwise, Netphonex Technologies may collect your contact and company information, including your email address. While Netphonex Technologies does log your IP address (the Internet address of your computer) to give Netphonex Technologies an idea of which parts of our Web site you visit and how much time you spend there, Netphonex Technologies does not link your IP address to anything personally identifiable.

Netphonex Technologies uses your information to better understand your requests and to provide you with better service. Our services may include the display of personalized content and advertising only related to Netphonex Technologies. We use your information to notify you of relevant products, newsletters, webinars or other services offered by Netphonex Technologies, and to personalize its web site for you whenever applicable.

Netphonex Technologies will not sell, rent or lease your personally identifiable information to others. Unless Netphonex Technologies has your permission or is required by law, Netphonex Technologies will only share the personal data you provide online with business partners who are acting on our behalf for the uses described above. Such business partners, including those in the United States and/or any other countries, are governed by our privacy policies with respect to the use of this data and are bound by confidentiality agreements.

Links to 3rd party web sites on this Web Site are provided by Netphonex Technologies solely for your convenience. If you use these links, you will leave the Web site. Netphonex Technologies has not reviewed all of these 3rd party web sites; it does not control and is not responsible for any of these web sites, their content or their privacy statements. Thus, Netphonex Technologies does not endorse or make any representations about these web sites, or any information, software or other products or materials found there, or any results that may be obtained from using these web sites. If you decide to access any of the 3rd party web sites linked to the Web Site, you do this entirely at your own risk.

Netphonex Technologies is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy and ensure the appropriate use of information, Netphonex Technologies has put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information Netphonex Technologies collects online.

Netphonex Technologiesí privacy statement is subject to change at any time and without notice. Please check this Web Site for updates.

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