Customer Proprietary Network Information (CPNI). CPNI is a subcategory of protected customer information defined by federal law as information about a consumer's account, including usage and billing of telecommunications services. Those services are offered by providers of traditional local, long distance, and wireless services, as well as providers of Voice over Internet Protocol (VoIP) services to consumers. CPNI includes what services you subscribe to, how you use them, and what you are charged for them. It does not include your name, address, telephone number, or other types of information such as information about your telephone equipment or Internet access services. We are required to treat CPNI confidentially, and we do. The FCC regulates when and how CPNI can be shared and used.
- Marketing rules. The FCC has categorized consumer CPNI into three distinct service groups: local, long distance, and wireless service. The CPNI that a carrier can use to market its services to its customers - without their approval - depends on what service groups the customer already buys from. Carriers are permitted to use CPNI for marketing similar products within a service group. For example, if you subscribe to our local service, we are allowed to use that local service information to sell you additional local service products and services.
- Approval rules. We obtain customer approval to use CPNI across service groups in two different ways. In some circumstances, we ask for customer consent. In other words, we may ask customers to "opt-in" to our use of CPNI across service groups. In most circumstances, however, we inform customers that CPNI will be used unless they instruct us not to. In these cases, the customers must specifically "opt-out" to our use of CPNI across service groups. We can ask for long-term approval (that lasts until it is withdrawn) or we can ask for approval each time we interact with a customer (short-term approval).
- Rules on non-marketing uses of CPNI. We are allowed to use consumer CPNI for various non-marketing purposes without specific customer approval. These activities include installing, providing, billing for, and collecting for Services. We may also use CPNI without specific approval to protect our rights or property or those of our customers or other carriers and to address fraud, abuse or unlawful subscriptions to or use of our services.
- Access rules. Before speaking with a caller about account information, we take steps to authenticate the identity of the caller and confirm that he or she is authorized to have access to information on the account. We do not discuss account information with anyone other than the account holder. Per FCC rules, we will not discuss call detail information with customers over the telephone unless the customer provides specific information about the calls in question, such as in the context of a billing inquiry, or unless the customer provides their specific password. We will not release CPNI in a retail store unless our customer presents a valid photo ID. Additionally, our customers cannot access online account information using only account information or generally known information. Rather, online account access is restricted through security code and password requirements.
How We Collect Information And How We Use It
We collect information in three primary ways:
- You give it to use when you purchase or interact with us about a product or service we offer or provide;
- We collect it automatically when you visit our websites or use our products and services; and
- We obtain it from other sources such as credit agencies.
Visiting Our Site. When you visit our website to browse, we may collect and store the domain name and host from which you access the Internet, the IP address of your computer, your browser software and operating system, the date and time you accessed the site and the Internet address of any website from which you link directly to our site or to which you link after visiting our site. We may use this information to measure the number of visitors and repeat visitors to sections of our site, to calculate the average time spent at our site, to determine from where and to where our visitors link, and to help make our site more useful. This type of information may be shared with third parties, such as when we aggregate and disclose site traffic information for marketing and commercial purposes. When you visit our website, we may ask if you would like us to send you marketing materials about our Services and other associated products. If you request such materials, then we may use Personally Identifiable Information you give us to send you such materials.
Using Our Services. When you use our Services, you must provide certain Personally Identifiable Information for us to properly provide you with the Services. We collect and store this Personally Identifiable Information and any modifications that either you or we make to that information. We may disclose User Information (i) to provide you Services that you request and provide you with the best customer experience possible; (ii) to answer questions you may have about the Services you purchase; (iii) to communicate with your regarding Service updates, offers and promotions, and deliver customized content and advertising to you; (iv) to address network integrity and security issues; (v) to obtain a credit report; (vi) to provide local directory and directory assistance; (vii) to law enforcement or other governmental officials as required by law, if appropriate, for your protection, safety, or in connection with an investigation or prosecution of possible unlawful activity, in which cases we may be required to disclose the information without your consent or knowledge as required by federal and/or state statutes and regulations; (viii) in connection with a sale or merger of Emery; or (ix) for other legally permissible purposes. We may also share aggregate anonymous data relating to the transactions on the website and use of the Service for marketing, research and other purposes.
How we protect your information. We employ and maintain technology and security measures designed to protect User Information. When you submit sensitive information via our website, that information is subject to a variety of protections both on-line and off-line, including password protected systems and firewalls. Sensitive and private data exchange between the website and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. However, no data transmission over the Internet can be guaranteed to be 100% secure.
Third Party Websites. You may find advertising or other content on our website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies. We are not responsible or liable for the actions or policies of third parties.
Any loss of control of passwords may result in the loss of control over Personally Identifiable Information or User Information. You will be responsible for any actions taken on your behalf or any person using your password or user identification. If passwords have been compromised, then you should immediately change your password or notify us so that we may issue a new password.
Network Management Disclosure and Usage Policy
Pursuant to the Open Internet Order issued by the Federal Communication Commission ("FCC"), Emery Telecommunications & Video, Inc., and Emery Telcom Video, LLC (collectively doing business as "Emery Telcom Internet, and Emery Telcom Wireless (collectively "Emery Telcom") are required to disclose Network Management practices in order to provide transparency to their customers. However, this disclosure is not meant to replace or alter any terms of service as provided in any contract or notices supplied by Emery Telcom. Specifically, the FCC rule states:
A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.
These disclosures apply only to residential and non-customized small business Internet Services. If you have any question whether the services you purchase or are considering purchasing from Emery Telcom are covered by this disclosure, please contact Emery Telcom at 435-748-2223.
Emery Telcom is committed to providing its Internet services as an open platform for economic growth, competition, entertainment, investment, and innovation. It does not block any lawful content, applications, services, or your use of non-harmful devices, or discriminate in transmitting lawful network traffic.
Core Network/Service Description. Emery Telcom and its subsidiaries provide Internet services across various technologies including cellular, fixed wireless, copper telephone lines (DSL2+/VDSL), fiber to the premises, and coaxial cable. Each of these services is connected to a common MPLS core Internet Protocol Network. Such core is connected to redundant Internet access circuits obtained from carriers in Salt Lake City, Utah and/or Grand Junction, Colorado.
Internet Speeds. Emery Telcom markets and provides the speeds listed on its website found at www.emerytelcom.com/internet-speeds . Emery Telcom uses its best effort to provide the purchased speeds. If Customers have issues with their speed, then they can call Emery Telcom for technical assistance at no charge. The following variables (which are often out of Emery Telcom's control) can affect actual speeds experienced by customers:
- Network Capacity. Emery Telcom purchases more than double its customer's combined peak usage from carriers. It also ensures that there is capacity on its core and that ports are distributed to limit disruptions. Therefore, it is unlikely that slow speeds are a result of Emery Telcom's network capacity.
- Customer Equipment. Performance of a customer's computer, including its age, processing capability, its software, the number of applications running simultaneously, and the presence of any spyware, viruses, etc.
- Connection.Type of connection between a customer's computer and modem and the distance of devices from customer's computer.
- Path.The distance, paths, and networks packets travel between a customer's computer and their final destination on the Internet. Packets may travel across multiple and various providers and the limitations of those networks can affect the overall speed.
- Congestion or Website Limitations. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be adversely affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently. Also, some websites limit speeds at which visitors can download from their sites.
- Modem/Gateway. The performance of the modem may degrade over time. Sometimes the modem just needs to be restarted or have the software updated. Please contact Emery Telcom to discuss such issues and the possible solutions.
- Network Overhead. The modem uses a portion of the bandwidth to handle network and overhead information. This is typically very minor and the connections are sized to eliminate most, if not all, slowing in relation to this issue.
- Length of Lines or Distance from Antennas. The technologies used by Emery Telcom may be affected by distance or terrain. Emery Telcom will use its best effort to provide the ordered speeds. If such speeds are not possible, then the customer can call Emery Telcom and reduce the Customer's package. However, if the customer is unable to obtain the full purchased speed, but wants and can obtain speeds above the next lower offering, then Customer must pay for the higher offering. Emery Telcom is not responsible for reimbursing customers for not providing purchased speeds.
Emery Telcom maintains a speed test server on its website at www.emerytelcom.com/speed-test , which customers may use, but the issues above may affect the results.
Many factors may affect Emery Telcom's network. Emery Telcom will use its best effort to keep its network operational. However, the network might experience problems or may not be available. Emery Telcom is not liable to its customers in such circumstances.
Impact of Specialized Services. The MPLS core also carries other services such as TDM circuits, Ethernet circuits, voice service, and video services. Priority across such MPLS core network is given for circuits and voice services; however, the MPLS core is sufficiently sized to prevent slowing of Internet under almost all circumstances. Customers over the various technologies are connected to common ports on core routers and equipment. The customers on each port share use of such port. Emery Telcom attempts to distribute its customers across the various ports in order to reduce overall bandwidth constraints. Emery Telcom does not have any control over other carriers beyond its core network.
Congestion Management Practices . Congestion is an Internet service problem that can slow web browsing, downloading and other activities of the customers during certain peak usage periods. Emery Telcom engineers monitor and proactively reinforce our network with additional capacity in areas where congestion is identified.
If acute network congestion occurs, Emery Telcom employs various techniques to ensure a positive customer experience and fair distribution of network resources. Our network management techniques include ensuring that customer systems are not propagating viruses or distributing spam email, - i.e. by preventing virus/spam delivery to customer email accounts. In some cases, we may limit the number of customers that may be served on a particular network node until additional capacity can be added. We also seek to monitor and identify which customers are using the greatest amount of bandwidth during periods of heavy congestion, and to contact those "high volume customers" to work out a solution to the problem.
Emery Telcom reserves the right to manage, temporarily, the Internet traffic of "high volume customers" during periods of significant congestion until such periods of congestion pass. The temporary traffic management will be accomplished by technically and commercially feasible methods. Affected "high volume customers" will still be able to access the Internet and engage in any and all on-line activities, however, during periods of heavy congestion, they may experience longer download and upload times, slower web surfing, and slower movements during on-line gaming.
Customers should note that any temporary traffic management practices employed by Emery Telcom will impact only identified and notified "high volume customers" during periods when congestion problems are experienced, and will not be based upon the types of content, applications, services, or devices such customers use.
Application Specific Behavior Practices. Emery Telcom does not favor or inhibit certain applications or classes of applications. Customers may use any lawful and commercially available application which they desire on Emery Telcom's network.
Emery Telcom does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If any party contacts Emery Telcom with a substantial allegation that an application being used by a customer is unlawful, Emery Telcom will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.
Customers may occasionally develop their own applications, or modify commercially available applications. Emery Telcom will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network. The Company does not block or rate-control specific protocols or protocol ports. The Company does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.
Device Attachment Rules. Emery Telcom provides modems or gateways to its customers. Emery Telcom does not allow customers to provide their own modems or gateways, because Emery Telcom uses these devices to monitor its network and to ensure quality service. Customers may place routers or other devices in their own network beyond the Emery Telcom provided router or gateway. If customers are using wireless networks beyond Emery Telcom's equipment, Emery Telcom encourages its customers to secure the wireless networks. Such wireless networks are susceptible to outside usage, which may violate customers' privacy, slow down customers' usage of the Internet, or otherwise harm customers. Customers may call Emery Telcom for help in securing such wireless networks, but in no instance is Emery Telcom responsible for the security of such networks, even if such wireless network is across a router or modem provided by Emery Telcom. Customers use such networks at their own risk.
Security Practices. Emery Telcom does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.
Emery Telcom recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs. Emery Telcom may from time to time offer anti- spam and/or anti-virus software or services to customers who desire to purchase them from Emery Telcom. When offered, these software or services will be described and priced in other sections of this website and in Emery Telcom's sales and marketing materials. Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other customers of Emery Telcom or harm the network.
A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify Emery Telco as soon as possible. Emery Telcom will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.
Emery employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. Emery Telcom does not guarantee that it can protect customers from any and/or all security breaches.
Pricing Terms and Conditions. Emery Telcom offers different tiers and levels of service at different prices, and changes these from time to time. These service tiers and prices are detailed in the service offerings portion of this website, www.emerytelcom.com/service-offerings.
Emery Telcom does not impose usage based fees upon certain tiers or levels of its service. Emery Telcom may impose fees for early termination with respect to certain of its service arrangements and promotions offered to customers. Customers should refer to their Subscriber Agreement for the specific pricing and fees applicable to them.
inspection of network traffic. Emery Telcom retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.
Emery Telcom retains, stores and provides to law enforcement any traffic information requested
pursuant to the procedures of the Communications Assistance for Law Enforcement Act ("CALEA"), the Foreign Intelligence Surveillance Act ("FISA") or other applicable national security or criminal statutes.
Emery Telcom does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes.
Usage of Network
Emery Telcom is responsible for providing quality service to all of its customers. Therefore, Emery Telcom reserves the right at any time to adjust rates and prices upon notice to its customers. Further, Emery Telcom reserves the right to limit service to any customer that Emery Telcom determines in its sole discretion is negatively affecting Emery Telcom's network or other customers. Emery Telcom may take corrective actions (including but not limited to termination of service) for customers who have violated any term of use or have engaged in practices that could harm the network or other customers' utilization of Emery Telcom's services. Further, use of Emery Telcom's network for illegal or inappropriate actions is prohibited. Emery Telcom may provide customer information to appropriate legal authorities as direct by law or in the case of copyright infringement to those violated as directed legally upon notice to the customer.
Otherwise, Emery Telcom does not engage in any network management practices, target specific types of traffic based on their technology or their provider, modify protocol fields in ways not prescribed by the protocol standard, inhibit or favor certain applications or classes of applications, or block or manage any specific protocols or protocol ports. However, Emery Telcom may block port 25 traffic if it determines that it threatens the overall use of its network.
Redress Options. If you have any questions or complaints regarding this policy, please contact Emery Telcom at 435-748-2223.
Emery Telcom strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.
Customer Proprietary Network Information Notice
Emery Telcom and its affiliates Carbon/Emery Telcom, Hanksville Telcom, Emery Telecommunication and Video, and Emery Telcom Long Distance (Emery Telcom) are committed to protecting your privacy, and we wanted to take this opportunity to further inform you about your rights with respect to certain information that you make available to Emery Telcom by virtue of subscribing to our services.
In providing service to you, Emery Telcom maintains calling information and data related to particular services you receive from Emery Telcom. This information may include the quantity, technical configuration, type, destination, location, and amount of use of the telecommunications services that you purchase. Information of this sort is known as Customer Proprietary Network Information, or CPNI. Under federal and state law, Emery Telcom is obligated to preserve the confidentiality of this information, and Emery Telcom is committed to doing so.
In order to better serve your specific communications needs and offer innovative products and services to you, Emery Telcom's corporate family uses CPNI information unless directed otherwise. As an example, we may want to offer our customers a special long-distance rate or internet package based upon their current usage or services. However, if you do not wish to permit us to utilize your CPNI in this manner, you have the right to prevent such use of CPNI by informing us of your intent to "opt out." You may opt out by calling us at 435-748-2223 or 435-613-9605, by mail at P.O. Box 629, Orangeville, UT, 84537. If you do not provide us with notice that you wish to opt out within 30 days of this notice, we will assume that you give Emery Telcom the right to share your CPNI with its affiliates for the purposes described above. Whether you notify us or not, Emery will not share your CPNI with any outside party unless required by law as described below.
If you elect to "opt out," you may not be able to learn about innovative service proposals, new technology or service offerings, or "package" discounts that may better meet your communications needs. However, "opting out" will not affect the provision of any services we are furnishing you.Regardless of whether you consent or not, your CPNI will continue to be treated as confidential.
Please note that if you do not "opt out," your consent will remain valid unless and until we receive a notice expressing your intent to "opt out." You retain the right to "opt out" at any time by calling the number listed above.
Please also be advised that, regardless of your decision to "opt out," your CPNI may be disclosed in certain situations. Emery Telcom may be required to disclose your CPNI to law enforcement officials pursuant to court orders, subpoenas, or other lawful processes, in which cases we may be required to disclose the information without your consent or knowledge as required by federal and/or state statutes and regulations. Disclosures of CPNI may also be mandated pursuant to requirements of the Federal Communications Commission or the Utah Public Services Commission. Finally, federal and state rules permit certain disclosures of CPNI to prevent fraud or abuse, for billing and collection, for provisioning service, and in other limited circumstances.
Important Information About Emergency 9-1-1 Service in Connection with Emery Telecommunications, Inc.'s (ETV") VoIP Service and Analog Terminal Adapters:
Description. Voice Over Internet Protocol ("VoIP) services allow the Customer to make or receive telephone calls over the internet to or from the public switched telephone network using an Analog Terminal Adapter (ATA) provided by Emery.
911 and E-911 Calls. Prior to the initialization of service, the Customer shall provide accurate Customer name and address information where the ATA and the service will be utilized (also known as "Registered Location") for the purpose of updating the E-911 Data Base so the E-911 data base has an accurate address associated with the telephone number. Customer bears the responsibility to notify ETV of any changes to the Registered Location. If Customer uses the VoIP services from any location other than the Registered Location, 911 and E-911 services will not be dispatched to the Customer’s current location. Customer should not move the ATA, or use the ATA from any location other than the Registered Location.
Limitation to 911 and E-Service. Customer acknowledges and understands that access to emergency services through 911 and E-911 calls is limited. Customer acknowledges and understands that the VoIP Service supports E-911 (where available) and that access to emergency service is available only if the service is operated from the Registered Location, and then only if Customer has an active connection to the service. Customer acknowledges and understands that if there is a service outage for any reason, or a power outage, such outage or outages may prevent all voice service, including 911 dialing.
- Emery Telcom prohibits use of the Services for any activity that violates federal, state, local, or international law, order or regulation. Prohibited activities include, but are not limited to:
- Posting, storing, transmitting or disseminating unlawful material, including without limitation, child or other pornography, any content, data or other material which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory or which in any way constitute or encourages conduct that would constitute a criminal offense.
- Disseminating material which violates copyright or intellectual property rights. Material accessible through Emery Telcom's network and Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights. Customer shall not use the Emery Telcom network or Services in any manner that would infringe, dilute, misappropriate, or otherwise violate such rights. You assume all risk regarding whether material is in the public domain.
- Pyramid or other illegal soliciting schemes.
- Fraudulent activities, including but not limited to, impersonating any person or entity, or forging anyone's digital or manual signature.
- Sending SPAM, which includes, but is not limited to, sending unsolicited email messages, bulk commercial advertising or informational announcements; sending electronic messages that do not accurately identify the sender, the sender's return address, the email address of origin, or other information contained in the subject line or header; sending email messages that are excessive or intended to harass or annoy others; continue to send email messages to a recipient that has indicated he/she does not wish to receive them; or sending malicious email.
- Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Services. Emery Telcom has no responsibility for any material created on the Emery Telcom network or accessible using Services, including content provided on third-party websites linked to the Emery Telcom network.
- By posting or submitting any content or other materials to the Sites, including any audio or video files, classified advertisements or personal information (collectively "Your Content"), you affirm, represent and warrant that (i) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto; (ii) none of Your Content is defamatory, libelous, obscene or pornographic; and (iii) use of Your Content as provided in these Terms of Service will not violate any legal rights, of any third party. You hereby grant Emery Telcom and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicensable license (the "License") to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, and prepare derivative works of Your Content in connection with the Sites or the conduct of Emery Telcom's business in any formats and through any media channels. Emery Telcom may monitor Your Content as it appears on the Sites and may edit or delete Your Content at any time and for any or no reason without your permission.
- You are solely responsible for the protection of your identity from identity theft. Emery Telcom does not verify the security of any internet site. Your use of personal information while on the internet places you at risk of identity theft.
You will indemnify, defend, reimburse, and hold Emery Telcom or any parent, subsidiary, affiliate, officer, director, employee, or agent of Emery Telcom, harmless from and against any and all liabilities, claims, and expenses of any type or nature, including costs and attorneys' fees, that arise from the exercise of the License set forth above or from your use of the Sites or Services.
Enforcement and Notice
- Emery Telcom has no obligation to monitor content of any materials distributed or accessed using the Services. However, Emery Telcom may monitor content of any such materials as necessary to comply with applicable laws, regulations, or other governmental or judicial requests; or to protect Emery Telcom, its network, and its customers.
- Web pages included in accounts are specifically designated and shall be monitored by Emery Telcom for compliance. Emery Telcom reserves the right to assess appropriate account type fees in the event you publish pages contrary to the stated account web page type (e.g. personal pages used in a commercial manner).
- Emery Telcom provides internet access accounts and doesn't allow login sharing. Emery Telcom provides one account access (connection) at a time. If you have simultaneous logins with the same login account at the same time while being an account holder, you violate the condition of one user, one account, and one login at a time. Such violations will be detailed by date and time of each violation and you may be responsible for payment of additional accounts.
- The failure of Emery Telcom to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
Notice and Procedure for Making Claims of Copyright Infringement
- Emery Telcom respects the intellectual property rights of others. Pursuant to Federal Copyright law, if you believe copyrighted work is available at the Sites in a manner that may constitute copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DCMA") by providing the following written information to Emery Telcom's Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Emery Telcom's Copyright Agent for Notice of Claims of Copyright Infringement on the Sites is:
Address: Box 629, Orangeville, UT 84537
For more information about Emery Telcom's copyright protection practices, please refer to: www.emerytelcom.com/copyright-policy.html.
Disclaimer of Warranties and Limitation of Liability
- YOU AGREE THAT THE SERVICES, INCLUDING USE OF THE SITES, ARE PROVIDED ON AN "AS-IS," "AS AVAILABLE" BASIS. THE SITES ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMERY TELCOM DOES NOT MAKE ANY WARRANTY THAT ANY MATERIALS FOUND ON THE SITES ARE ACCURATE, RELIABLE, OR CORRECT, THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS AVAILABLE AT THE SITES.
- UNDER NO CIRCUMSTANCTS WILL EMERY TELCOM, OR ANY PARENT, SUBSIDIARY, AFFILIIATE, OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF EMERY TELCOM BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE SITES OR FROM ANY INFORMATION PROVIDED AT THE SITES, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF EMERY TELCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Choice of Law
- The Terms of Service will be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms contained herein, or your use of the Services and the Site, will be filed only in the state or federal courts located in Salt Lake, Carbon or Emery Counties, State of Utah, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.