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Trial Program. By using the Trial Services you (“Customer”) acknowledge and agree to the Terms and Conditions of MegaPath Cloud Company, LLC (“MegaPath”). The Trial Program includes up to two (2) seats of Hosted National Calling (maximum of five hundred (500) national calling minutes) and MegaPath One for Mobile, Tablet and Desktops (the “Trial Services”).& The Trial Program will commence on the date that the Trial Services are made available to Customer and will terminate fifteen (15) days thereafter (“Trial Period”). If Customer wishes to maintain the Trial Services after the Trial Period, Customer must execute a separate agreement for such services prior to the expiration of the Trial Period. The Trial Services do not include International Calling, phone or voice router hardware, professional installation, or number porting. Either party may terminate the Trail Program at any time without penalty or notice. This Trial Program promotion expires on .
Restrictions on Use. Customer agrees that the Trial Services are being provided on a trial basis. The Trail Services are for Customer’s internal use only and shall not be resold or otherwise transferred to third-parties. Customer agrees to use the Trail Services in compliance with all applicable laws, rules, licensing and certification requirements and regulations. Customer will comply with and will ensure that end-users comply with MegaPath’s Acceptable Use and Privacy policies available at https://www.megapath.com/about/corporate-policies/.
Warranty and Disclaimer. MEGAPATH IS PROVIDING THE TRIAL SERVICES “AS IS” AND WITHOUT SERVICE LEVEL AGREEMENTS. CUSTOMER ACKNOWLEDGES THAT MEGAPATH SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DISRUPTION IN THE TRIAL SERVICES REGARDLESS OF CAUSE OR DURATION. MEGAPATH DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTRUSION, AND NON-INFRINGEMENT. MEGAPATH DOES NOT WARRANT THAT THE TRIAL SERVICES WILL PERFORM AT A PARTICULAR SPEED, WILL BE UNINTERRUPTED, WILL HAVE NO DATA LOSS, OR WILL BE ERROR-FREE OR MEET ANY STANDARD OF SECURITY.
Limitation of Liability, Indemnification, and Liquidated Damages. MEGAPATH SHALL HAVE NO LIABILITY FOR THE CONTENT OF ANY COMMUNICATIONS TRANSMITTED VIA THE TRIAL SERVICES, AND CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD MEGAPATH HARMLESS FROM ANY AND ALL CLAIMS RELATED TO SUCH CONTENT OR FOR CLAIMS BY THIRD PARTIES RELATING TO CUSTOMER’S USE OF THE TRIAL SERVICES. NEITHER PARTY WILL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR SERVICES, SYSTEMS INTRUSION OR SECURITY FAILURE.
Confidentiality. All technical and business information, including, but not limited to, patents, descriptions of Services and MegaPath’s technology, furnished by either party (the “disclosing party”) to the other party (the “receiving party”) in contemplation of this Trial Program and clearly marked "Proprietary" or "Confidential" or otherwise clear from the subject matter that it is confidential or proprietary (collectively, “Information”) shall remain the property of the disclosing party. This Information (a) shall be treated in confidence by the receiving party and used by the receiving party only for the purposes of this Trial Program; (b) shall not be reproduced or copied in whole or in part, except as necessary for use with the Trial Program; and (c) shall, together with any copies thereof, be returned or destroyed when no longer needed by the receiving party for the Trial Program. The above conditions do not apply to any part of the Information which (i) is independently developed by the receiving party (ii) is lawfully received from another source or (iii) has become generally available to the public without breach of this provision.
Independent Contractors.; Customer agrees that Customer and MegaPath are independent contractors and that the relations between the Customer and MegaPath hereby established do not constitute a joint venture, agency or contract of employment between them, or any other similar relationship. Neither party has the right or authority to create an obligation or responsibility on behalf of the other.
Choice of Law. The Trial Program and these Terms and Conditions shall be construed in accordance with and governed by the internal laws of the State of California without giving effect to conflicts of law provisions.
Emergency Service Availability. This section contains important information on the availability and functionality of 911 services. Please read it carefully. Customer acknowledges and understands that MegaPath’s 911 Emergency Service differs from traditional 911 service in the following ways: (A) 911 Service may not function if voice services or equipment are not functioning for any reason, including but not limited to a power outage or an outage or other disruption of the broadband service obtained from MegaPath or another provider; (B) 911 calls are routed to an emergency call center based upon the physical street address provided by Customer. If Customer provides inaccurate information, does not provide timely notice of changes, or attempts to use the Trail Service or equipment from another location, 911 calls may be delivered to a non-optimal call center and emergency responders may be dispatched to a location other than the location of the 911 caller; and (C) in some cases the 911 call taker may not be able to capture and/or retain automatic number or location information, or be able to identify Customer’s phone number and location in order to call Customer back if the call is not completed or disconnected, or if Customer is unable to speak to tell them.