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LAST UPDATED March 21, 2022

Terms of Use

TierPoint and its affiliates (collectively “TierPoint,” “we,” or “us,”) welcome you to this website. By accessing, using, browsing and/or linking to this website, you agree to abide by and be bound by the following Terms of Use (the “Terms”) and to comply with all applicable laws and regulations. From time to time, we may modify the Terms, and you agree to accept and be bound by any such modifications.  The TierPoint Privacy Policy is available to view on this website, and it is incorporated into these Terms

TierPoint Intellectual Property

All contents of the TierPoint website, including, without limitation, text, images, graphics (collectively, the “Contents”) the copyrighted work of TierPoint, its subsidiaries, affiliates, vendors or licensors.  Except as expressly authorized by TierPoint, the Contents may not be republished, reproduced, downloaded, displayed, distributed, or posted in any form or by any means.  Elements of the TierPoint website and the Contents are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. If you believe the TierPoint website or the Contents infringe upon your intellectual property rights please contact marketing (at) tierpoint (dot) com

User Submissions

Except as otherwise set forth in TierPoint’s Privacy Policy, any materials, information or other communication that you transmit or post to this website will be considered non-confidential and non-proprietary, and TierPoint and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use such materials, information, or other communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

Links to Third-Party Websites

Links to third-party websites on this website are provided solely as a convenience to you. TierPoint does not endorse or make any representations about these third-party websites or their content.  TierPoint has not reviewed all of these third-party sites, and TierPoint does not control and is not responsible for any of these sites, their content, or any results that may be obtained from using them. Accessing any of the third-party websites linked to this website will be entirely at your own risk.

Linking to TierPoint’s Website

By sending an email request to [email protected], you may request permission to create a hypertext link to TierPoint’s website from your website. If TierPoint provides such permission, the hypertext link to TierPoint’s website must properly attribute the linked website to TierPoint. Neither your website nor your link to this website (a) shall imply TierPoint’s sponsorship or endorsement of your website or the products, services, or materials promoted or set forth on your website; (b) shall contain republished, redistributed, or copied materials from this website, including by framing or other means; or (c) shall misrepresent the relationship with TierPoint or contain any false, misleading, or derogatory information about TierPoint or its products or services.

Disclaimer of Warranties

THIS WEBSITE AND THE CONTENTS ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” TIERPOINT AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

No advice or information, whether oral or written, obtained by you from TierPoint, shall create any warranty not expressly made herein. The information and services at this website may be out of date, and TierPoint makes no commitment to update the materials and services at this website.  Information published at this website may refer to products, programs or services that are not available in your area.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TIERPOINT (INCLUDING ITS PARENTS, SUBSIDIARIES AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TIERPOINT AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF TIERPOINT (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO TIERPOINT FOR THE USE OF THE WEBSITE.

Indemnification

By using this website, you agree to indemnify, defend, and hold harmless TierPoint (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of this website. Your indemnification obligation shall survive any termination or modification of the Terms. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with TierPoint in connection with our defense.

Waiver

No delay or omission by TierPoint to exercise any right occurring upon any noncompliance on your part with respect to any of the Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by TierPoint of any of the covenants, conditions or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

General

These Terms shall be subject to and construed in accordance with the laws of the State of New York. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in New York County, New York in all disputes arising out of or relating to these Terms or TierPoint’s website. If any part of the 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 remainder of the Terms shall remain in effect.