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ConX Meeting - Terms of Use

Terms Of Use

InFocus Terms of Service

These Terms of Service create an agreement (the "Agreement") between InFocus Corporation(“InFocus”) and the individual or entity using, purchasing or registering for InFocus Services. All users must agree to this Agreement before using the Services.

If you are under 18 years of age, you must obtain parental or legal guardian consent to register for the Services. Please read this Agreement carefully before installing, accessing, subscribing or otherwise using the Services. By installing, accessing, subscribing to or otherwise using the Services, you agree to be bound by this Agreement. Please maintain a copy for your records. If you do not agree with this Agreement, please click the "Cancel"/"Back" button and do not use the Services.

All information linked to these Terms of Service is part of the Agreement. This Agreement governs both our Services and any InFocus approved or InFocus branded products used with our Services. InFocus is sometimes referred to as "we," "us," "our," and the user is sometimes referred to as "you," "your," "user," or "customer." Your acceptance of Services constitutes your acceptance of and agreement with our Privacy Policy: http://www.infocus.com/privacy.

 

Revisions to Terms of Service

From time to time we may make revisions to this Agreement, our Privacy Policy and other InFocus policies. We will provide notice of such revisions by posting revisions to our website. You agree to visit our website and to periodically review any revisions. By continuing to use InFocus Services after revisions are effective, you accept and agree to those revisions. By using our Services, you agree that InFocus may provide required notices, agreements, and other information concerning InFocus, including changes to this Agreement, to you by electronic communication. You agree to immediately notify InFocus of changes to your email address and to update your account information through the InFocus web portal.

 
  1. Services Description

    This Agreement governs the purchase and use of video, audio and web conferencing services and related products and services of InFocus ("InFocus Services") and its third party suppliers ("Third Party Services") (the InFocus Services and Third Party Services are referred to collectively as the "Services"). From time to time InFocus may change, expand, or reduce the Services features without notice to you. You agree that InFocus's obligation to provide Services is conditioned upon you providing all information and assistance reasonably required to perform the Services. You agree to provide the required information and assistance and to manage and update your account through the InFocus web portal. InFocus reserves the right to reclaim any dial-in numbers. You acknowledge that not all Services can be guaranteed from all locations including but not limited to mobile, satellite or pay phones, due to various carrier, country, governmental or other restrictions.
    InFocus hereby provides notice to you that the PSTN (10 digit telephone) Service made available for purchase through the InFocus internet portal is provided by a third party supplier. Such PSTN Service shall be considered a Third Party Service under this Agreement. InFocus may provide you the opportunity to purchase the PSTN Service through the InFocus internet portal, however, the actual provision, control and support of such PSTN Service, shall be provided by a Third Party supplier, not by InFocus. InFocus shall provide you with the Third Party supplier’s contact and service information upon your purchase of any Third Party PSTN Services. You hereby acknowledge and agree that all PSTN Services you purchase through the InFocus internet portal will be exclusively provided and supported by a Third Party supplier, and that InFocus shall have no responsibility or liability for such PSTN Services.

  2. Term and Termination

    The Term of this Agreement or any order or registration form ("Order Form") completed through the InFocus web portal shall remain in effect until terminated in accordance with the provisions of this Agreement (the "Term"). The Term of this Agreement will be either month to month or for the term specified in the plan you select when you register for Service with InFocus (he "Term"). The Term begins on the date of your Order. If you or InFocus modify your plan, the Term and monthly rate may change and additional terms and conditions may apply.

    Termination for Convenience

    Either InFocus or you may terminate this Agreement at any time for convenience upon written notice to the other party; provided that the term of each Order Form, if any, shall be governed by such Order Form and shall continue for the term of the Order Form, including completion of the existing billing cycle, notwithstanding any termination of this Agreement.

    Effect of Termination

    The termination of any Order Form shall not otherwise affect the Term of this Agreement or any other Order Form. Upon termination of this Agreement or any Order Form, Customer shall pay for: (a) all Services rendered up to the date of termination and completion of the existing billing cycle; and (b) any minimum shortfall or future amounts due under this Agreement and any Order Form including a current renewal, if applicable. All use of Services after termination shall be charged or invoiced at standard rates.

  3. Requirements for Use

    You will need your own computer and high-speed internet access to access the Services.

  4. Registration

    To register for Services, you will need a user name, physical address, email address,password and credit card information (the "Registration Information"). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify InFocus of any breach or unauthorized use of your Registration Information.

  5. User Information, Data and Privacy

    You agree that InFocus may collect, process, use, and store information about you and your use of the Services, including the transfer of such information to the United States and/or another country outside the European Union and outside other countries deemed to have sufficient data protection laws. You acknowledge that InFocus acts only as a passive conduit of such information, and that InFocus will not disclose or monitor such information, except as needed to provide the Services or as required by law. Additionally, information that you submit to InFocus connected with the Services will be handled according to the InFocus Privacy Statement located at: http://www.infocus.com/privacy. InFocus may use information it collects, including diagnostics, technical information, feedback or suggestions, to maintain, improve and enhance the Services.

  6. User Responsibilities; Content License

    You are responsible for the content of all written, visual, or audio communications, documents, files, videos, recordings, and any other material ("Content") used in connection with your account. InFocus will not be liable to you or any third parties for any loss or damages due to your use of the Services. You agree to defend, indemnify and hold harmless InFocus from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, attorney fees) arising from your noncompliance with this Section 5. InFocus has no control over, and is not responsible for, the privacy of any Content that you have shared with third parties. Please use caution when providing sensitive or personally identifiable information.
    You agree not to upload, email, transmit, post, store, or otherwise make available any Content that is unlawful, harmful, abusive, threatening, harassing, defamatory, obscene, vulgar, hateful, invades another's privacy, or is racially, ethnically, or otherwise deemed objectionable by InFocus or its affiliates. You agree not to upload, email, transmit, post, store, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "spam," "junk mail," "chain letters," "pyramid schemes," "affiliate links," or any other form of advertising or solicitation. You agree not to upload, download, store, transmit, or otherwise make available any code or material that harms or interferes with any device, software, service or network. You agree not to upload, email, transmit, post, store or otherwise make available any Content that violates copyright, trademark or other laws that protect intellectual property, or that violates an individual's privacy or publicity rights. You agree not to violate any laws or regulations in your state or country (including laws governing online content or conduct or intellectual property rights). You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display third party Content.
    You automatically grant InFocus and its agents, affiliates, contractors, resellers, distributors and partners, a royalty-free, worldwide, sub licensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in order for InFocus to provide the Services. If you object to any Content on a Services website, your sole remedy is to stop using the Services website.

    Responsibility for Customer's Accounts

    You are responsible for maintaining the confidentiality of your accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with your accounts whether or not authorized by you. InFocus does not sell products or services for children. You will not allow children under 18 to use the Services without the involvement of a parent or guardian. You agree to immediately notify InFocus of any unauthorized use of your account of which you become aware.

    Responsibility for Communications

    You are the sole owner of content and solely responsible for the Content of all communications (visual, written or audible) using your accounts. You shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages InFocus's property or interferes with or disrupts InFocus's system or other users. Although InFocus is not responsible for any such communications, InFocus may suspend any such communications of which InFocus is made aware. Your use of conference recording or taping any use of the Services may subject you to laws or regulations and you are solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. You acknowledge and agree that InFocus has not and is not expected to provide you with any analysis, interpretation or advice regarding your compliance with the above and does not control your Content nor guarantee the accuracy, integrity, security or quality of your Content.

  7. Privacy and Data Use

    The information InFocus holds about you will be used to provide the Services and for identification, account administration, analysis and fraud/loss prevention purposes. Each party will comply with all applicable personal data protection and privacy laws where such party is located (the "Data Protection Laws"). The parties acknowledge and agree that: (i) InFocus may have access to personal data under the Data Protection Laws and will: (a) use personal data solely for the purpose of providing the Services; (b) process personal data only in accordance with your instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to personal data; (ii) personal data may be processed by InFocus and its affiliates throughout the world; and (iii) you are the data controller and retain full responsibility for the data processed on your behalf by InFocus acting as data processor. More details about how personal data is used can be found in InFocus's Privacy Policy which governs Customer's visit to the InFocus Website and use of the Services.

  8. Software

    You may be required to download and install InFocus software ("Software"). In such event, InFocus agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software according to the terms of this Agreement. You may not use the Software for anything other than intended by InFocus in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by InFocus are hereby reserved by InFocus. You agree not to take any action to interfere with InFocus's or its supplier's ownership of or rights in the Software. You agree that, unless otherwise permitted in this software license or by law, you will not: (i) reproduce, display, republish, download, transmit or distribute the Software; (ii) to the extent permitted by applicable law redistribute, rent, encumber, sell, loan, lease, assign, sublicense, or otherwise transfer rights to the Software; (iii) modify or create derivative works based upon the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the Software source, or to ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying Software ideas or algorithms; (vi) create or use any software other than as authorized by InFocus to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and InFocus or its affiliates, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.You agree that use of Third Party Services is subject to such provider’s license agreement. You may not resell or generate income from the Services, other than using the Services for conferences or meetings in which you are an participant.

  9. Service Availability

    The Services may not be available for use in any particular location or in all countries. You are responsible for following the laws in your state or country. InFocus may make modifications to its features or any Services to comply with laws and regulations. InFocus owns all the proprietary rights and interests in the Services and Services websites.

  10. Services Suspension or Termination

    You agree that InFocus may suspend or terminate your access to the Services without notice if InFocus determines that you have violated this Agreement, or InFocus is required to do so by any court or governmental authority in any state or country. InFocus may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. You agree that InFocus has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or governmental authority in any state or country.

  11. Changes to Services and Prices

    InFocus may change the Services (including adding and deleting features) or discontinue the Services without notice.

  12. Beta Services

    InFocus may make available a "beta" version the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard InFocus product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and are provided "AS IS"; (b) InFocus makes no warranties and disclaims all liability related to the Beta Services; and (c) you agree to respond to InFocus's questions regarding your use of the Beta Services. You agree that InFocus has made no promises or guarantees that Beta Services will be available in the future and has no obligation to introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that InFocus may use and incorporate into InFocus products and services, without compensation to you, any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to InFocus. InFocus may at any time, without notice and without compensation, terminate or suspend access to Beta Services and delete any Beta Services Content or data provided to InFocus.

  13. Payments, Rates and Charges

    Recurring Billing and Charges.

    By using, purchasing or registering for InFocus Services, you authorize InFocus to charge your credit card (“Payment Method”) or bill you for all amounts due and owing for your use of the Services or purchase of equipment. You acknowledge that the amount charged each month may vary from month to month for reasons that may include differing charges based upon usage, promotional offers and/or changing or adding or upgrading Services plans or packages. You authorize InFocus to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. Customer may review InFocus's fees through Customer's web account or in some cases through Customer's sales or account representative.

    Taxes, Fees and Surcharges

    In addition to the fees for the Services, Customer shall pay all applicable fees, charges, duties, tolls, administrative assessments, surcharges, or taxes now or hereafter attributable to the Services.

    Unpaid Charges

    In the event charges due are not timely paid in full for any reason, InFocus shall have the right to suspend all or any portion of the Services until such time as all charges and applicable interest amounts and/or late fees have been paid. Customer agrees to reimburse InFocus for any costs, expenses, or fees expended by InFocus in connection with any collection efforts against Customer, including reasonable attorneys' fees. InFocus reserves the right to charge interest at the lower of 1.5% per month or the highest rate permitted by law on any fees that are not received when due. You agree to notify InFocus in writing of any disputed fees or charges within fifteen (15) days from the date that your account is charged.

    Price Changes

    CUSTOMER ACKNOWLEDGES AND AGREES THAT PRICES, FEES AND RATES ARE SUBJECT TO CHANGE AT ANY TIME AT INFOCUS SOLE AND ABSOLUTE DISCRETION WITHOUT INFOCUS PROVIDING SPECIFIC NOTICE TO CUSTOMER BY INFOCUS POSTING NEW PRICES, FEES AND RATES ON INFOCUS’ WEB PORTAL. CUSTOMER THEREFORE AGREES TO CHECK INFOCUS WEB PORTAL FROM TIME TO TIME AND IN EACH CASE PRIOR TO USING ANY SERVICES.

    Billing and Charge Cycle

    As used in these Terms of Service, "billing", “billed”, “charge” or “charged” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing and charge cycle. The fees for InFocus Services will be charged at the beginning of the paying portion of your selected Services plan/package Order and each month thereafter unless and until you cancel your Order. InFocus automatically charges your Payment Method each month on the calendar day corresponding to the commencement of your Order. Services fees are fully earned upon payment. InFocus reserves the right to change the timing of our billing and charge cycle, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your Order began on a day not contained in a given month, InFocus may charge your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your InFocus Services on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be charged on that date. Your renewal date may change due to changes in your Services plan or package.

    No Refunds

    PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period. At any time, and for any reason, InFocus may provide a refund, discount, or other consideration to some or all of our customers ("credits"). The amount and form of such credits, and the decision to provide them, are at InFocus sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate InFocus to provide credits in the future, under any circumstance.

    Payment Methods

    You may edit your Payment Method information by visiting your account through the InFocus web portal. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize InFocus to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

    Cancellation

    You may cancel your InFocus subscription, plan and Services at any time, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SERVICES PERIODS. To cancel, go to your account on the InFocus web portal and follow the instructions for cancellation or contact InFocus.

  14. No Warranties

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT INFOCUS AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY HARM TO ANY DEVICE, ANY LOSS OF DATA, OR ANY OTHER HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICES. INFOCUS AND ITS SUPPLIERS, RESELLERS, DISTRIBUTORS AND AFFILIATES DO NOT GUARANTEE THAT THE SERVICES, INCLUDING 911 SERVICES, WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND WEBSITE ARE AT YOUR SOLE RISK. INFOCUS IS NOT LIABLE FOR ACTS OR OMISSIONS OF OTHER SERVICE PROVIDERS, FOR INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY SERVICES, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND INFOCUS'S REASONABLE CONTROL.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITH ALL FAULTS FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. INFOCUS AND ITS SUPPLIERS, RESELLERS, DISTRIBUTORS AND AFFILIATES DO NOT MAKE AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

  15. Limitation of Liability

    YOU AGREE THAT INFOCUS, AND ITS SUPPLIERS, RESELLERS, DISTRIBUTORS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, OR PERSONAL INJURY, LOSS OF GOODWILL, DATA, REVENUE OR PROFITS, WRONGFUL DEATH, PROPERTY DAMAGE, , , OR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE, , OR ARISING OUT OF THIS AGREEMENT OR ANY ORDER, REGARDLESS OF THE LEGAL THEORY OF RECOVERY. INFOCUS FURTHER DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY RESALE, REUSE OR ANY REFURBISHMENT OF ANY EQUIPMENT FURNISHED BY INFOCUS WITHOUT INFOCUS’ PRIOR AUTHORIZATION. THESE LIMITATIONS APPLY TO CLAIMS FOUNDED IN BREACH OF WARRANTY, BREACH OF AGREEMENT, TORT, PRODUCT LIABILITY, AND ALL OTHER LIABILITY THEORIES. THESE LIMITATIONS APPLY WHETHER OR NOT INFOCUS WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. YOU AGREE THAT THE TOTAL LIABILITY OF INFOCUS AND ITS SUPPLIERS, RESELLERS, DISTRIBUTORS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE SERVICE CHARGES FOR THE AFFECTED TIME PERIOD, AND IN NO EVENT WILL EXCEED THE AMOUNT PAID BY YOU TO INFOCUS FOR THE SERVICES IN THE PREVIOUS SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. INFOCUS WILL NOT BE LIABLE FOR THIRD PARTY CHARGES OR FEES INCLUDING BANKING FEES, OR WIRELESS, INTERNET OR BROADBAND CHARGES OR FEES, OR OTHER SIMILAR CHARGES.

    THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. HOWEVER, WITH RESPECT TO 911 DIALING AND OTHER ASPECTS OF INFOCUS’ SERVICES, THERE MAY BE STATE OR FEDERAL LAWS THAT EXCLUDE SUCH DAMAGES AND PROVIDE PROTECTIONS TO INFOCUS TO WHICH INFOCUS DOES NOT LIMIT OR WAIVE.

  16. Indemnification

    Customer shall defend, indemnify and hold InFocus, its officers, directors, employees, agents and affiliates, its suppliers, their affiliates and their officers, directors, employees (the "InFocus Indemnities") harmless from any and all claims, actions, suits, proceedings, losses, costs, expenses, fines, penalties, damages and liabilities, including reasonable attorneys' fees, which arise out of or relate to: (1) Customer's use of the Services (including without limitation, any person accessing the Services using Customer's account); (2) any actual or alleged violation of this Agreement, any Order Form or any applicable law, rule or regulation by Customer or any person accessing the Services using Customer's account; (3) or any actual or alleged infringement or violation by Customer or any person accessing the Services using Customer's account of any intellectual property or privacy or other right of any person or entity.

  17. 911 Dialing and Disclosure Agreement

    Emergency Calling

    Internet-only 911 Dialing is different than traditional 911 service and is generally referred to as enhanced 911 or E911. Enhanced 911 service is subject to availability within your calling jurisdiction. With Enhanced 911 service, when you dial 911, your telephone number, and the service address you registered with InFocus is simultaneously sent to the local emergency center assigned to your location. Emergency operators have access to the information they need to send help and to call you back, if necessary. Customers in locations where the emergency center is not equipped to receive, capture, or retain your telephone number and address have basic 911 or limited enhanced 911. In addition, you may receive basic 911 or limited enhanced 911 if you are assigned a telephone number associated with a different geographic area than the one where you are using the equipment, or if you dial 911 before your registered location has been entered in the emergency operator's database. With basic 911 or limited enhanced 911, the local emergency operator answering the call may not have your call-back number or your exact location, so you must be prepared to provide the operator with this information. Until you provide your phone number to the operator, he/she may not be able to call you back or send help if the call is disconnected or dropped, or if you are unable to speak. Certain customers may not have access to either basic 911 or enhanced 911. If you don't have access to basic 911 or enhanced 911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number, and location of the customer calling 911, and will contact the local emergency center for such customer in order to send help. Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem confirming a customer's address, the customer is identified with an international location, or the customer is located in an area that is not covered by the landline 911 calling network. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the national emergency call center. You authorize us to disclose your name and address to third parties involved with providing 911 emergency services to you, including but, not limited to local emergency centers, call centers and call routers.

    Notify All Users

    You should inform all employees, residents, guests, and other third parties who may be present at the physical location where you use the InFocus equipment and Services of the important limitations and distinctions of national emergency 911 dialing and landline 911 or enhanced 911 services.

    Registration of Physical Location Required

    You must register with InFocus the physical location where you will be using the equipment for each phone line that you utilize with the internet-only service. Your initial location will be registered as a part of the process for new equipment registration and receipt of a new phone number from InFocus. You must confirm and update the accuracy of your physical address through your online account if you have any changes or additions to your locations or phone numbers. If InFocus is unable to validate the address you provide during the registration process. InFocus will notify you via the email address you provided on your account that there is an address discrepancy you need to correct. If you move the equipment to another location it should operate without further registration. However, you still are required to update your physical address in order to ensure proper 911 Dialing functionality. If you do not update your location, any 911 calls you make may be routed to an emergency center near your previous address and may result in assistance being directed to the incorrect location. You may update a location by accessing your online account or by contacting a member of the InFocus customer support team, Monday through Sunday, 8am to 6pm PST, at 877-388-8360 in the U.S. For purposes of 911 Dialing, you may only register one location at a time for each phone line.

    Service Outages

    Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the equipment, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, or if you move the equipment, you may need to reset or reconfigure the equipment prior to utilizing 911 Dialing.
    Service Outages Due to Internet Outage, Suspension, Disconnection of Broadband Service, or Internet Service Provider ("ISP") Service. Service outages, suspensions, or disconnections of service by your high-speed Internet provider or ISP will prevent all services, including 911 Dialing, from functioning.
    Outage Due to Disconnection of Your InFocus Account. Outages due to disconnection of your account will prevent the Equipment, including 911 Dialing, from functioning.
    Outages Due to ISP, Broadband Provider Blocking of Ports, or Other Acts. Your ISP, high- speed Internet provider, or other third party may block the ports over which the telephone connection is made or otherwise impede the usage of the equipment. If you suspect this has happened, you should contact InFocus to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your equipment is impeded, your equipment, including 911 Dialing, may not function. You acknowledge that InFocus is not responsible for the blocking of ports by any third party or any other impediment to your usage of the equipment, and any resulting loss of capabilities of our equipment and Services, including 911 Dialing.
    Other Outages. If there is an outage for any reason, such outage may prevent all equipment, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

    Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls

    There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing equipment as compared to traditional 911 dialing over traditional public telephone networks.

    Disclaimer of Liability and Indemnification

    InFocus does not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. InFocus disclaims all responsibility for the response and actions of local emergency response centers and the national emergency calling center. InFocus relies on third parties to assist in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. InFocus disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an incorrect result. InFocus and its officers or employees may not be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to InFocus’ 911 Dialing service unless such claims or causes of action arose from InFocus gross negligence, recklessness, or willful misconduct. Customer shall defend, indemnify, and hold harmless InFocus, its officers, directors, employees, affiliates, agents, and assigns, and any other service provider who furnishes services to you in connection with the equipment or Services, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party relating to the absence, failure, or outage of the equipment, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the equipment to be able to use 911 Dialing or access emergency service personnel.

    Alternate 911 Arrangements

    If you do not accept the limitations of the 911 Dialing service, you should not use the Services.

  18. Governing Law; Venue.

    This Agreement and all matters arising out of or relating to this Agreement or any Services will be governed and construed by the laws of the State of Oregon, USA, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than the State of Oregon. Customer irrevocably agrees and consents to the exclusive jurisdiction and venue of the courts sitting in Portland, Oregon USA with respect to any dispute, controversy or claim arising out of or relating to this Agreement or any Services provided by InFocus. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods, and its application is expressly excluded. Customer agrees to service of process by mail directed to Customer's billing address. Customer waives all defenses including but not limited to lack of personal jurisdiction, forum non conveniens and sovereign immunity, and expressly waives any right to bring suit or have any action heard in Customer's local jurisdiction. Customer agrees that any claim or cause of action arising out of or related to this Agreement must be commenced by Customer within one (1) year after the cause of action arose, regardless of whether customer was aware of such cause of action.

  19. Good Faith Efforts to Resolve Dispute.

    In the event that any dispute or claim arises between and InFocus in any way related to this Agreement or the Services, you and InFocus will make good faith efforts to amicably resolve such dispute or claim amicably by consultation and discussion. If you and InFocus are unable to resolve such dispute or claim after good faith consultation and discussions for thirty (30) days, then either you or InFocus may submit the dispute or claim to arbitration in accordance with Section (20) below by providing fifteen (15) days prior written notice to the other party before to initiating arbitration proceedings.

  20. Mandatory Arbitration; No Jury Trial

    Any dispute or claim between InFocus and you, your company, or any user of the Services that arises out of or relates to the use of the Services shall be resolved by arbitration before a single arbitrator in accordance with the American Arbitration Association's Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement. The arbitration will take place in Portland, Oregon. The arbitrator's decision will follow the plain meaning of the Agreement and related documents, and will be final and binding. Without limitation of the foregoing, InFocus and you agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award exemplary or punitive damages. Judgment on the arbitrator’s award may be entered in any Oregon court having jurisdiction. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT SHALL BE FOREVER BARRED. YOU AGREE NOT TO BRING OR JOIN IN ANY CLASS ACTION IN COURT OR ARBITRATION. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION AND ARBITRATION IN OREGON.

  21. Changes to this Agreement

    InFocus may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at: http://www.infocus.com/terms. If InFocus makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.

  22. Confidentiality

    InFocus and Customer agree to use commercially reasonable efforts to protect from unauthorized disclosure Confidential Information of the other party. Confidential Information shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and marked as Confidential ("Confidential Information"). The parties agree that Confidential Information may be disclosed to employees, affiliates, suppliers or advisors on a need-to-know basis and who agree to be bound by confidentiality terms and conditions at least as stringent as those herein. This confidentiality obligation shall not apply to any information (i) independently developed by a party, (ii) generally available to the public other than by a party's breach of this Agreement, (iii) already known by a party at time of disclosure to that party, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party. Nothing shall prevent or prohibit the receiving party from providing access to Confidential Information as may be required by law, rule or regulation. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Disclosure or destroy those copies of Information residing on Recipient's backup, disaster recovery or business continuity systems and the obligations hereunder with respect to such Information shall survive until such Information is destroyed.

  23. Governmental Agencies

    Use of the Services by the United States Government or other governmental agencies shall be as "restricted computer software" or "limited rights data" as set forth in 48 CFR 52.227-14, or as "commercial computer software" or "commercial computer software documentation" under DFARS 252.227-7202, or under such other similar applicable terms and conditions to prevent the transfer of rights in and to the technology to the government or such agency other than under normal commercial licensing terms and conditions. Contractor/manufacturer is InFocus, Inc., Attention: Legal Department, SW 68th Avenue, Portland, OR 97223.

  24. Export and Import Control Laws and Regulations

    Customer acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Services and any related software. Without limiting the foregoing, Customer acknowledges that the Services and any related software are or may be an "encryption item" subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Customer represents that they are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. Customer agrees not to export, re-export, divert, transfer or disclose any portion of the Services and software in any form, directly or indirectly, in violation of any applicable export laws or regulations.

  25. Message Delivery Services

    If Customer uses Services to send phone, email, fax, text, SMS, or other messages ("Messages") to any recipients (the "Recipients") as a condition for using such Services, Customer represents and warrants that a) that Customer will not make any automated outbound calls to induce the purchase of goods or services or to solicit charitable contributions; and (b) Customer has the legal right to send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the timing, purpose and content of all Messages and programs are in compliance with all applicable laws, rules and regulations including those with respect to content, timing, do not call lists and: the following U.S. laws: TCPA 47 USC 227; CAN SPAM Pub. L. No. 108-187; and TSR 16 CFR 310; the following Canadian laws: the Canadian Radio-television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and the following UK laws: the UK Privacy and Electronic Communications Regulations 2003. Customer acknowledges that Customer is the sender of all Messages and InFocus is acting at Customer's direction as the Message broadcaster. Customer shall be solely responsible for all content of the Messages and for providing any list of names, numbers or addresses for InFocus to use to send Messages.

  26. Other Legal Terms

    Third Party Services

    Sometimes when you use the Services, you may also use or purchase third party services or goods from. Your use of such services or goods may be subject to separate terms and conditions between you and such third parties. You agree that InFocus shall have no liability or obligation relating to those services or goods.

    Trademarks

    Trademarks, trade names, service marks, domain names and logos of each party are considered their respective "Marks." InFocus's and its suppliers retain ownership of all proprietary rights in all its Marks displayed or associated with the Services. You may not frame any InFocus Marks or other InFocus proprietary information, including images, text, page layout, or form, without InFocus's express written consent. You may not use any meta tags or any other "hidden text" utilizing InFocus Marks without InFocus's express written consent.

    Compliance with Laws

    You agree to comply with all laws and regulations in connection with your use of the Services, including, but not limited to: all privacy laws and regulations regarding all personally identifiable information sent or received by you,(b) communications recording laws including advising all participants in a recorded meeting or event that the meeting or event is being recorded as required, or that Content or personal information is being transferred outside the European Union, and (c) VoIP based services usage laws. You must ensure that you have the right to use the Services in your and your meeting participants’ locations.

    Assignment

    InFocus may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.

    Force Majeure

    InFocus will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but not limited to acts of terrorism, war, hostilities, riots, national emergency, fire, explosion, flood, force of nature, embargoes, accidents, acts of God or nature, or internet stability or availability, telecommunication system failure; technology attacks, epidemic, quarantine, viruses, strike, lockout, labor dispute, failure of transportation, utilities, delivery facilities, or supplies, acts or request of any governmental authority, or any other cause beyond InFocus's control.

    Waiver

    You agree that if InFocus does not enforce or exercise any legal right or remedy contained in this Agreement, this will not be taken as a formal waiver of InFocus's rights and those rights or remedies will remain available to InFocus. If any part of this Agreement is determined to be unenforceable, invalid or contrary to law, then such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and allocation of risks, and the remainder of the Agreement will continue in effect. If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.

    Miscellaneous

    Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. Customer acknowledges that InFocus is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement is for the sole benefit of InFocus and its affiliates and Customer and is not intended to, nor shall it be construed to, create any right or confer any benefit on any other party. Customer authorizes InFocus's monitoring including recording of calls for the purposes of quality assurance and Customer further consent to InFocus's use of automatic dialing equipment to contact Customer.

    Entire Agreement

    This Agreement, including the documents referred to in this Agreement, is the entire agreement between the parties regarding the Services and shall completely replace any prior agreements, communications and proposals, representations, promises, or agreements, whether electronic, oral, or non-electronic. Customer agrees that any terms or conditions contained in any document, including but not limited to a purchase order, acknowledgement, email, or other document that Customer may now or later provide to InFocus, will have no effect and that this Agreement is the only contract between InFocus and Customer regarding the Services and may only be amended as provided in this Agreement. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

    Notices

    Notices from InFocus to Customer under this Agreement may be sent by email, automated message, mail or other electronic media and will be considered given upon delivery to the email address, physical address, or other contact information provided by Customer for billing or account management purposes. Notices to InFocus must be sent to the address mentioned in InFocus's invoice to Customer with a courtesy copy to InFocus, Inc., Attention: Legal Department, SW 68th Avenue, Portland, OR 97223. All notices shall be in English.

    Modification

    InFocus may, at any time, amend the provisions of this Agreement. Any Customer proposed amendment may only be accepted by InFocus in a non-electronic writing manually signed by authorized party representatives. Notwithstanding anything to the contrary, if InFocus posts amended terms on its Website, such terms will automatically become effective ten (10) days after they are posted on the Website. By using the Services after such revised terms are posted, Customer agrees to be bound by such amended terms. Customer agrees to periodically visit the Website to examine the then-current Agreement.

    IMPORTANT- READ CAREFULLY: CUSTOMER'S USE OF THIS THE SERVICES ARE CONDITIONED UPON CUSTOMER'S COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. CUSTOMER SHOULD PRINT OR DOWNLOAD AND SAVE THIS AGREEMENT.