Legal Notices



PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

The materials on this web site (the "Site") are provided by Braxtel ("Braxtel") as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from or otherwise using this Site, you agree to these terms ("Terms"). If you do not agree to them, do not use the Site or download any further materials from it. If you object to any materials found on this Site, please bring your concerns to the attention of Braxtel. The Site administrator reserves the right to remove any materials alleged to be infringing any third party rights pending further investigation.

Trademark Information


The Braxtel trademarks and service marks (Braxtel Communications, Fluency™, Fluency Communications Suite™, Progressive Dialer) and the Braxtel logo are the property of Braxtel. They may not be used by others without our prior written consent. All other names and trademarks are the property of their respective holders, and requests for use should be directed to such owners. U.S. and foreign patents owned by Braxtel are pending with respect to some of the technologies marketed by Braxtel.


Single Copy License


The materials at this Site are copyrighted individually and collectively and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download one copy of the information or software ("Materials") found on the Braxtel site to a single computer for your personal, non-commercial, internal use only, unless specifically licensed to do otherwise by Braxtel in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions. You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove or modify any copyright or other proprietary notices on the Materials; (d) transfer the Materials to another person.


Termination of this License


Braxtel may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you agree to immediately destroy your tangible copies of the Materials, and erase or delete online or offline intangible copies that you may have obtained or modified.


Ownership of Materials


All Materials on this Site are © Copyright 2001 Braxtel Communications, All Rights Reserved, unless otherwise indicated on the pertinent materials. They may not be copied, reproduced, modified, performed, published, uploaded, posted, transmitted, or distributed in any way, without Braxtel's prior written permission. Except as expressly provided herein, Braxtel and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by Braxtel in writing or incorporated elsewhere in the Materials.


Disclaimer


THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, OR TRADE PRACTICE. Braxtel and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Braxtel may make changes to these materials, or to the products described therein, at any time without notice. Braxtel makes no commitment to update the Materials. Any description of products or services in the Materials is not necessarily a representation that any particular product or service is available for sale, distribution, or usage in your location. You agree to indemnify and hold Braxtel and its agents harmless from any fines, penalties, claims, complaints, or other actions arising from your use or possession of any of the Materials obtained from or through the Site.


Limitation


IN NO EVENT SHALL BRAXTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF BRAXTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT EACH OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

User Submissions


Unless otherwise agreed in writing prior to your submissions, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Braxtel will have no obligations with respect to the Communications. You hereby authorize Braxtel and its designees to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, to the extent you have such authority. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Confidentiality of User Communications

Braxtel will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to Braxtel , except as required by law or as disclosed in our Privacy Statement

Use of "Cookie" File Features

Braxtel reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences. Cookies were originally designed to help a website distinguish a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie is a small string of text that a website can send to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. Currently, websites use cookies to enhance the user's visit. If you are just browsing a Braxtel website, a cookie identifies only your browser. It is possible to set your browser to inform you when a cookie is being placed -- this way, you have the opportunity to decide whether to accept the cookie. By accepting a cookie, keep in mind that your choice to decline e-mail offers remains unaffected.


Online Privacy


Braxtel does not intentionally collect or store any personally identifiable information about visitors to the Site, except where the visitor voluntarily provides such information, as in a return Email address, or in filling out an online response form. Braxtel does not share any personally identifiable information with third parties for marketing purposes, however Braxtel may in the future provide further informative responses to those visitors who have previously requested information, or voluntarily joined a mailing list. Upon request of the recipient, Braxtel will refrain from sending further unsolicited information to such requesting recipients.

Intrusions


Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass, as well as computer fraud and abuse, punishable under state and federal laws. Braxtel hereby notifies you, and you acknowledge and consent, that any or all electronic communications with the Site can and will be monitored, captured, recorded, and transmitted to the relevant authorities, including law enforcement agencies, as deemed necessary by Braxtel in its sole discretion and without further warning or notice of the event.


Links to Other Materials


Braxtel may from time to time select links to other sites for the convenience of Site visitors and customers. The linked sites are not necessarily under the control of Braxtel and Braxtel is not responsible for the content of any linked site or any link contained in a linked site. Braxtel reserves the right to terminate any link or linking program at any time. Braxtel does not endorse companies, policies, products or services described on any web sites or other file systems to which it links. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Maintenance of any links to the Site from outside sites shall be the sole responsibility of the linking party. Braxtel reserves the right to move, rename, protect, and otherwise re-organize its web pages without notice to anyone. If Braxtel determines that an outside site uses links in any way that violate the rights of Braxtel, and fails to remove such links to the Site upon request, such failure shall be dealt with as any other unauthorized use or access to the Braxtel resources.

Applicable Laws


This Site is controlled by Braxtel from its offices within the Commonwealth of Massachusetts in the United States of America. Braxtel makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws and regulations. Any claim or action relating to the Materials shall be governed by the internal substantive laws of Massachusetts, and shall be brought only in the jurisdiction of Massachusetts.


General


Braxtel may revise these Terms at any time by updating this posting. By your continued Site access or use of the Materials you agree to be bound by these terms and conditions and any modifications thereof occurring prior to your continued use or access. You should visit this page from time to time to review the then-current Terms because they shall be equally binding upon you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Braxtel shall have no obligation to notify you of any changes to this or any other portion of the Site.


Forward Looking Statements


Any information on the Site regarding the projected future of Braxtel or its business, products, or services, is potentially subject to material change based upon market conditions or other events. Investors or prospective investors are advised to obtain the most complete information directly from Braxtel. Nothing on the Site should be construed as a solicitation for investment by anyone not fully qualified.

To provide feedback on this or any other page of this Site, please contact us at info@braxtel.com.

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