Copyright
The works of authorship contained in this world wide website in the domain "www.xpedite.com" (the "Xpedite Site"), including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Xpedite Systems, Inc. or one of its subsidiaries or affiliates ("Xpedite") and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of Xpedite, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing the Xpedite Legal Notice.
Unless you otherwise have an express license from Xpedite that states otherwise, you may only provide a hypertext link to the Xpedite Site on another website, provided that (a) the link must be a text-only link clearly marked "Xpedite", (b) the link must "point" to the URL "http://www.xpedite.com" and not to other pages within the Xpedite Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Xpedite's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Xpedite, (e) the link, when activated by a user, must display the Xpedite Site full-screen and not within a "frame" on the linked website, and (f) Xpedite reserves the right to revoke its consent to the link at any time in its sole discretion.
Disclaimer
All information and material contained herein is obtained from sources believed by Xpedite to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, Xpedite is not responsible for any errors or omissions. All information is provided "as is," without warranty of any kind. Xpedite makes no representations and disclaims all express, implied, and statutory warranties of any kind to user and/or any third party, including without limitation warranties as to accuracy, timeliness, completeness, merchantability, fitness for any particular purpose or intellectual property noninfringement.
To the maximum extent permitted by law, Xpedite has no liability in tort, contract, or otherwise (and as permitted by law, product liability), to user and/or any third party. Xpedite shall under no circumstance be liable to user, and/or any third party for any lost profits or lost opportunity, direct, indirect, special, consequential, incidental, or punitive damages whatsoever, even if Xpedite has been advised of the possibility of such damages.
Any third party sites linked to or from the Xpedite Site are not under Xpedite's control, and Xpedite does not assume any responsibility or liability for any communications or materials available at such linked sites. Xpedite does not intend links on the Xpedite Site to be referrals or endorsements of the linked entities and such links are provided for convenience only.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions which supersede the above. Any clause of the Disclaimer declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. The terms of the Disclaimer may only be amended in a writing signed by Xpedite and are governed by the laws of the State of Georgia.
* Unsolicited Facsimile Advertisements
The advertising of goods, products, or real property by transmitting unsolicited facsimiles, voice messages, or e-mails may be in violation of state, federal or other applicable law, and may subject the advertiser to civil or criminal penalties.
Telemarketing
In the event Customer utilizes the Services to conduct telemarketing activities, Customer warrants to Xpedite (i) that Customer will undertake all required actions necessary to comply with applicable state, federal or other Do Not Call and telemarketing laws and regulations, including registration requirements and similar statutes and regulations and (ii) Customer will not utilize the Services in a manner which results in violation of any law or regulation respecting such Services.
Trademarks
Xpedite, PC-Xpedite and 1-800 Fax Response are registered trademarks of Xpedite Systems, Inc. MessageREACH and Intelligent Information Exchange are service/trademarks of Ptek Holdings, Inc. All other featured logos are service or trademarks of their respective owners.
Applicable Law
This site is created and controlled by Xpedite in the State of Georgia, USA. As such, the laws of the State of Georgia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Xpedite reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. Your continued use of or access to the Xpedite Site after such change has been included in this Notice constitutes acceptance of the revised terms.
Contact Information
Toll-Free: 800-546-1541
webmaster@xpedite.com
Last Revised May 3, 2003
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