YOUR USE OF THIS WEBSITE (the “Site”) AND/OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (THE “TERMS”). YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL CONTRACTING AGE AND HAVE LEGAL CAPACITY TO CONTRACT. Cyxtera Technologies, Inc. and/or its affiliates (collectively, “Cyxtera” “we” or “us”) may modify the Terms as well as discontinue, withdraw, replace or change any content, products or services offered via the Site and may modify these Terms at any time, and your continued access and use of the Site thereafter constitutes your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE AND MUST TERMINATE YOUR ACCESS AND USE OF THE SITE IMMEDIATELY.
The Site offers information regarding Cyxtera and its products and services (collectively, the “Cyxtera Products and Services”). Cyxtera may remove, modify or otherwise discontinue providing any content at any time with or without cause and with or without notice, without any liability. Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without Cyxtera’s prior written consent.
As a condition of your use of the Site, you represent, warrant and covenant to Cyxtera that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:
Cyxtera shall have no obligation to monitor the usage of the Site. However, Cyxtera reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. Cyxtera reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. Cyxtera further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.
The Site may contain links to other third party websites ("Linked Sites") or frames of other third party website screens (“Framed Sites”). The Linked Sites and Framed Sites are subject to their own separate terms and conditions of use and are not under Cyxtera’s control and Cyxtera is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. Cyxtera is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any personal or payment information you provide to any such Linked Site or Framed Site in connection with purchasing any Cyxtera Products and Services or otherwise. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by Cyxtera of the Linked Site or Framed Site or any association with or its operators.
By registering, posting, uploading, inputting or otherwise submitting your contact information or other information to the Site, you grant to Cyxtera and its contractors and their respective affiliated companies permission to use such information in connection with the operation of the Site and marketing of Cyxtera Products and Services to you, including contacting you and sending you emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information as part of marketing Cyxtera Products and Services to you based on your expression of interest and request to be contacted. No compensation will be paid with respect to the use of such information. Said permission is transferable by Cyxtera to an acquirer in connection with a business or asset sale. Cyxtera is under no obligation to post or use any information you may provide and may remove any such information at any time in its sole discretion. By posting, uploading, inputting, providing or submitting such information, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and that such information does not infringe or otherwise violate any third party intellectual property or other right. Always use caution when giving out any personally identifying information about yourself or your children via any website. Cyxtera does not control or endorse the content, messages or information found in any communication sent by you to the site or to you from any third party and, therefore, Cyxtera specifically disclaims any liability with regard to such communications and any actions resulting from your participation in any such communication. Managers and hosts are not authorized Cyxtera spokespersons, and their views do not necessarily reflect those of Cyxtera. When you visit this Site or send e-mails to Cyxtera, you are communicating with Cyxtera electronically, and by doing so, you consent to receive communications from Cyxtera electronically. Cyxtera may communicate with you by email or by other means. You agree that all agreements, notices, disclosures and other communications that Cyxtera provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that Cyxtera may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. Cyxtera reserves the right to disclose your personally identifiable Information to its successors-in-interest or in connection with a merger or acquisition transaction or change of control.
You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You are solely responsible for maintaining the confidentiality and security of your Site user log-in/password information, and shall not allow any third party to use same. You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and Cyxtera shall have no liability with respect thereto.
Cyxtera does not warrant the accuracy or completeness of the information, graphics, text, links, or other material or content contained on this Site or with respect to any of the Cyxtera Products and Services, and is not responsible for any errors or omissions in the content of this Site or any of the Cyxtera Products and Services. Cyxtera shall have no liability for damages of any kind arising out of information or other content on this Site. Cyxtera does not ensure that this Site is free of viruses or other harmful components.
CYXTERA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE CONTENT CONTAINED ON THE SITE OR ANY OF THE CYXTERA PRODUCTS OR SERVICES DESCRIBED IN OR PROVIDED VIA THE SITE FOR ANY PURPOSE. THE SITE AND ALL SUCH CONTENT AND CYXTERA PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CYXTERA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND SUCH CONTENT AND ANY AND ALL CYXTERA PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CYXTERA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER 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 SITE OR ITS CONTENT, OR WITH RESPECT TO ANY CYXTERA PRODUCTS OR SERVICES OR THE UNAVAILABILITY OF OR ANY DELAY OR INABILITY TO USE THE SITE OR ANY OF THE CYXTERA PRODUCTS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYXTERA OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 SITE, ANY OF THE CYXTERA PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE CYXTERA PRODUCTS AND SERVICES.
CYXTERA RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SITE AND/OR CYXTERA PRODUCTS OR SERVICES, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON, AND IN ANY MANNER, WITHOUT PRIOR NOTIFICATION, AND CYXTERA WILL NOT BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES OF SUCH ACTION.
You agree to defend, hold harmless, release and indemnify Cyxtera and its affiliates from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content or Cyxtera Products and Services provided on or via this Site. You agree to and hereby release and hold Cyxtera and its affiliates harmless from any claims relating to any action taken by Cyxtera as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of Florida, U.S.A. The United Nations Convention for the International Sale of Goods does not and shall not apply with respect to any use of the Site or the purchase or use of any Cyxtera Products and Services. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Miami, Florida, U.S.A. in all disputes arising out of or relating to the use of the Site or the purchase or use of any Cyxtera Products and Services, and agree that any dispute or claim raised or made by you against Cyxtera relating to the Site or with respect to any Cyxtera Products and Services shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You represent, warrant and covenant that you shall not use any Cyxtera Products and Services in any location or for any person or purpose that would violate U.S. export control laws or any other applicable laws. Use of the Site and any of the Cyxtera Products and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cyxtera as a result of your agreement with these Terms or use of the Site or the purchase or use of any Cyxtera Products and Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Cyxtera with respect to the Site and the information provided via the Site and the purchase or use of any Cyxtera Products and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cyxtera with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any party seeking to report any violations of these Terms may contact Cyxtera via e-mail: email@example.com.
When Cyxtera becomes aware of an alleged violation of these Terms, Cyxtera may initiate an investigation. Depending on the severity of the violation, Cyxtera may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, Cyxtera will notify the appropriate law enforcement agency of such violation.
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, and the Cyxtera Products and Services are the intellectual property of Cyxtera, its licensors and its suppliers. Copyright © 2017 Cyxtera Technologies, Inc. and/or its affiliates or licensors. All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of Cyxtera. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with Cyxtera, its licensors or its suppliers, as the case may be.
CYXTERA, CYXTERA TECHNOLOGIES, the CYXTERA logo are trademarks and service marks of Cyxtera Technologies, Inc. All rights not expressly granted herein are reserved. No interest or right to use any Cyxtera trademarks is acquired by accessing or using this Site or any content thereon or using or purchasing any Cyxtera Products and Services. The Site may also contain trademarks owned by various third parties. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of Cyxtera or its third party licensors, or such other third parties that may own the particular intellectual property. All rights not expressly granted herein are reserved.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Cyxtera’s legal department. The agent can be reached at [phone number], [email address] or via U.S. Mail at Cyxtera Technologies, Inc., Attn: Legal Department, 2333 Ponce De Leon Boulevard, Suite 900, Coral Gables, FL 33134.
DMCA Notification of Infringement.
To be effective, your infringement notification must include the following:
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
DMCA Infringement Counter-Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Cyxtera, the alleged infringer will have the opportunity to respond to Cyxtera with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Cyxtera’s designated copyright agent, and must include the following:
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Site.