Finity Communications, Inc. Terms of Use

Effective Date: 2/16/2009

The following Terms of Use are binding upon all individuals who visit Finity's True Cost Web portal. By using this site, you are agreeing to be bound by these Terms of Use.

IF YOU DO NOT WISH TO BE BOUND OR YOU ARE NOT AUTHORIZED TO BIND YOUR COMPANY TO THESE TERMS OF USE, YOU SHOULD EXIT THE SITE NOW.

1. General Introduction

Your access to and use of this site are subject to the Terms of Use outlined below. All users should read these Terms of Use carefully as they will govern your right to access and to use the service.

These Terms of Use may be changed at any time without prior notice.

2. Use of this Web site

This Web site is provided AS IS and your use of this site is SOLELY AT YOUR OWN RISK.

3. Copyrights

Unless otherwise indicated, all portions of the True Cost Web site are copyright © 2009 Finity Communications, Inc., and are protected by United States and international copyright laws. All content and other intellectual property rights associated with the site are the sole property of Finity or its rightful third-party owners.

4. Termination of Use

Your right to use this site may be terminated at any time without prior notice.

5. Disclaimer of Warranties

THIS SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DISCLAIM ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE. We are not liable for any damage or injury to persons or property that may result from your use of the site. Some jurisdictions may not allow the exclusion of implied warranties. This may mean that some of the above exclusions may not apply to you.

We make no warranty as to the reliability or accessibility of any portion of the Web site content, software, or functionality. We disclaim any warranty or guarantee that the functional aspects of the service will be error-free or that the servers that make the site available are free of viruses or other harmful components.

We disclaim any liability for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of this site.

6. Limitation of Liability

In no event shall we be liable for any costs, damages, or expenses (including, without limitation, incidental and consequential damages, lost profits, damages resulting from lost data or business interruption, or health problems), that may result from the use or inability to use this Web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. The remedies under these Terms of Use are exclusive and are limited to those expressly provided for herein.

7. Indemnification

You agree to hold Finity and its officers, directors, agents, employees, and contractors harmless from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to have resulted from, your use of this Web site.

8. Survival

The following provisions will survive any termination or modification of these Terms of Service: "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," and "Governing Jurisdiction" will survive termination of this agreement.

9. Governing Jurisdiction

These Terms of use are governed by the laws of the State of Oregon, without respect to conflict of law principles.

By using this Web site, you are expressly consenting to the exercise of personal jurisdiction in the courts of the State of Oregon in connection with any such dispute, including any claim involving Finity or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers, or other service providers.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

10. Entire Agreement

Unless otherwise indicated, these Terms of Use constitute the entire agreement between the parties with respect to the use of the Web site service.

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