SITE TERMS OF USE

Last updated October 24, 2023 

Welcome to the www.telxmedia.com website, which is operated by Telxmedia, LLC (“Telxmedia,” “we,” “us” or “our”). Please read these Terms of Use carefully, as they describe the terms and conditions applicable to www.telxmedia.com in addition to any related websites, domains, portals, extranets, applications, or online services which may be offered by our affiliate companies, including, but not limited to, my.telxmedia.com (collectively, the “Site”). BY ACCESSING ANY AREA(S) OF THE SITE OR ANY RELATED Telxmedia WEBSITES, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF USE.

1. Your Acceptance of Telxmedia’s Terms of Use and Privacy Policy. Your use of and/or visitation to any area of the Site signifies your agreement to (1) these Terms of Use and (2) the Telxmedia Privacy Policy located at www.telxmedia.com/privacy-policy, which is incorporated herein by reference. In addition, if you purchase or use any Telxmedia product(s) or service(s), you agree to be bound by the Telxmedia Plans Terms and Conditions (the “T&Cs”), which are hereby incorporated by reference to the extent applicable, as described in Section 4 below. If you do not agree to any of these Terms of Use or the Telxmedia Privacy Policy, please do not use the Site. In its sole discretion, Telxmedia may modify or revise these Terms of Use or the Telxmedia Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to access and use the Site and the contents of the Site, such as text, graphics, software, images, designs, icons, and other material contained on the Site (collectively, “Content”) automatically terminates and you must immediately cease all access to and use of the Site and the Content.
2. Your Use of the Website – Permissions and Restrictions. Telxmedia hereby grants you permission to access and use the Site and the Content for your personal use only, including the purchase of products and services, under the following conditions:
   
   1. You agree to use the Site for lawful purposes only. The Content is protected by copyright under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with Telxmedia or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Telxmedia. All rights not expressly granted herein are reserved to Telxmedia and its licensors. You acknowledge that you do not acquire any ownership rights by accessing or using the Site or the Content. Except as otherwise expressly set forth in these Terms of Use, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
   2. You agree not to alter or modify any part of the Site.
   3. Any special rules for the use of certain software and other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.
   4. You agree not to use the Site for any commercial use without the prior written authorization of Telxmedia.
   5. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on the Site. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the Site. You agree not to collect or harvest any personally identifiable information from the Site or to use the communication systems provided by the Site (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site. Any conduct by you that in Telxmedia’s discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
   6. In your use of the Site, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Site any material which (in Telxmedia’s sole discretion) is unlawful, threatening, abusive, fraudulent, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law.
   7. You agree not to upload, post or otherwise make available on the Site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
   8. You also agree not to impersonate any other person or to conduct yourself in a vulgar or offensive manner while using the Site. You agree that Telxmedia may reject any User Submissions (defined below) for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at Telxmedia’s sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity rights.
   9. You agree that Telxmedia, should it accept a User Submission, may include that User Submission in the Site for as long or as short a period of time as Telxmedia, in its sole discretion, chooses. Furthermore, you agree that Telxmedia may edit User Submissions.
   10. You agree that Telxmedia shall have the right, but not the obligation, to monitor the content of the Site and to remove any material that Telxmedia, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
   11. Telxmedia reserves the right to discontinue any aspect of the Site at any time.
3. Account Registration. In order to participate in certain areas of the Site, you may need to register for an account. You agree to: (i) create only one account; (ii) provide truthful, accurate, current and complete information when creating your account; (iii) maintain the security of your account by restricting access to your account and not sharing your password with others; (iv) maintain and promptly update your account information if necessary; (v) notify Telxmedia promptly upon learning of any security breaches relating to the Site; and (vi) take responsibility for and accept all risk relating to any and all activities and transactions that occur under or in connection with your account.
4. Telxmedia Plans Terms and Conditions. All sales of products and services on the Site are governed by the Telxmedia Plans Terms and Conditions (the “T&Cs”) located at www.telxmedia.com/plan-terms-and-conditions. Please refer to the T&Cs for the terms and conditions applicable to your purchase and use of products and services offered through the Site. By purchasing and/or using any Telxmedia product(s) or service(s) through the Site, you agree to be bound by and accept the T&Cs. The T&Cs are subject to change at any time without notice, in Telxmedia’s sole discretion; therefore, you should periodically review the T&Cs including whenever you purchase and/or use any Telxmedia product(s) or service(s). If any provision of these Terms of Use conflict with the T&Cs, the T&Cs shall apply. 
5. Right to Terminate. Telxmedia reserves the right to terminate or restrict your use of the Site, without notice, for any or no reason whatsoever. Telxmedia reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. Telxmedia may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at Telxmedia’s sole discretion.
6. Disclaimer of Opinion. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by you or third parties on the Site are those of the respective authors or producers and not of Telxmedia, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees. Under no circumstances shall Telxmedia, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Site.
7. Disclaimer of Warranty. Reasonable efforts have been made to ensure the accuracy of information presented on the Site, but the accuracy of this information cannot be guaranteed. The Site, the Content, and any and all products or services promoted or sold via the Site are provided on an “as is” and “as available” basis. The use of the Site, the Content and any product or service discussed, promoted or sold via the Site is at your own risk. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Telxmedia, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “Telxmedia PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. NONE OF THE Telxmedia PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE Telxmedia PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, THROUGH OR BY THE SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. Telxmedia DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Liability of Telxmedia. If you are dissatisfied with the Site, any information found thereon, or with any part of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Site. Telxmedia assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Site. IN NO EVENT SHALL THE Telxmedia PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE Telxmedia PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE Telxmedia PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SITE IS CONTROLLED AND OFFERED BY Telxmedia FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND Telxmedia MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
   

   IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 8, ANY Telxmedia PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).

   SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE GOVERNING LAW STATED IN SECTION 18 BELOW, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.\

9. Indemnification. You agree to defend, indemnify and hold harmless the Telxmedia Parties from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of, or relating to (i) your use of the Site and/or any information, services or products advertised or provided via the Site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, but not limited to, any copyright, property or privacy right; or (iv) any claim that any of your User Submissions caused damage to a third party.
10. Third Party Advertisements; Links to Other Websites.  Telxmedia may display advertisements from third parties on the Site. Your dealings or correspondence with such third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Telxmedia is not liable for any damages or losses of any sort incurred as a result of such dealings or as a resulting of such third party advertisements or information on the Site. Some of the hyperlinks on the Site may lead to other websites that are not controlled by, or affiliated with, Telxmedia. In addition, other websites may link to the Site. Unless expressly stated, Telxmedia has not reviewed or endorsed these websites, has no control over those websites and is not responsible for the content or privacy policies, or practices of any third party websites. In addition, Telxmedia will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly relieve Telxmedia from any and all liability arising from your use of any third-party website that you visit through or via the Site. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.
11. User Submissions and Contributions. Any personal information you provide to Telxmedia is subject to the Telxmedia Privacy Policy. Beyond that information, any email or other communications or content you send to any part of the Site is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users of the Site. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — Telxmedia a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicensable and transferable right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. Telxmedia may sublicense its rights through multiple tiers of sublicenses. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use. You understand and agree that Telxmedia may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Telxmedia to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. Telxmedia does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Telxmedia expressly disclaims any and all liability in connection with User Submissions. Telxmedia does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Telxmedia may remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. Telxmedia reserves the right to remove User Submissions without prior notice.
    

    Telxmedia is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to Telxmedia without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services and creating, modifying or improving the Site or other websites.

    Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against Telxmedia and its parent, subsidiaries and affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

    Telxmedia reserves the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; or misleading information regarding the origin of the content. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.

12. Revisions to Terms of Use. These Terms of Use may be revised, modified, altered or updated (collectively, “Modified Terms”) by Telxmedia in the future at its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Site. Any use of the Site by you after such posting shall be deemed to constitute acceptance of such Modified Terms.
13. Entire Agreement. These Terms of Use, as modified from time to time by Telxmedia, and including the Telxmedia Privacy Policy and the Telxmedia Plans Terms and Conditions (the “T&Cs”) incorporated herein by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and supersede any prior or contemporaneous understandings of any kind or nature with regard to such subject matter. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
14. Severability.  If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Use to be invalid, unlawful or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.
15. Digital Millennium Copyright Act. It is Telxmedia’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
    
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Telxmedia to locate the material;
    4. Information reasonably sufficient to permit Telxmedia to contact you, such as an address, telephone number, and, if available, an electronic mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Telxmedia’s designated Copyright Agent to receive notifications of claimed infringement is: James Keenan, Esq., Bernstein, Shur, Sawyer & Nelson, P.A., PO Box 9729, Portland, ME 04104. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Telxmedia customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.If you are the owner or an agent thereof, of material that was removed from the Site or disabled after Telxmedia received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Telxmedia a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
       
       1. Your physical or electronic signature;
       2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
       3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
       4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by the Copyright Agent, Telxmedia may send a copy of the counter-notice to the original complaining party informing that person that Telxmedia may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides Telxmedia with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Telxmedia’s sole discretion.
16. Intellectual Property Notice. All Content of the Site is owned by Telxmedia or its licensors, and is protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such Content is reserved. Reproduction of any Content, in whole or in part, without permission is prohibited.
    
17. Ability to Accept Terms. You affirm that you are at least the age of majority in your state of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
18. Governing Law. These Terms of Use are governed by the Federal Arbitration Act, applicable federal law, and, solely to the extent necessary to apply any non-federal law, the laws of the State of New York, notwithstanding conflict of laws principles.
    
19. Disputes. If you are a Telxmedia customer and have a claim relating, in whole or in part, to the Site and/or these Terms of Use, your claim is covered by the applicable terms in the T&Cs including but not limited to mandatory arbitration and waiver of jury trial. If you wish to make a DMCA notification relating to the Site, whether or not you are a Telxmedia customer, please refer to Section 15 of these Terms of Use. If you otherwise you have a claim relating to the Site or these Terms of Use, you agree to follow the “ADR Process” as defined in the T&Cs and all terms thereof, including but not limited to mandatory arbitration and waiver of jury trial.
20. General. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and any of the Telxmedia Parties by your use of the Site. Any provision of these Terms of Use which by its nature would survive the termination or expiration of these Terms of Use, shall do so. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Telxmedia without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of the Telxmedia Parties and each of them shall have the right to assert and enforce these Terms of Use directly or on its own behalf.