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Terms & Conditions of Use

ATTENTION: PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ('SITE'). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT HEWLETT-PACKARD COMPANY AND ITS SUBSIDIARIES (COLLECTIVELY "PBX Online Store™") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, "MATERIALS") AND ANY SERVICES THAT PBX Online Store™ MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, "SERVICES"). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE "PBX Online Store™ WEBSITES."


Use of PBX Online Store™ Websites

Except as set forth in 'Other agreements; software, services or access', below, PBX Online Store™ authorizes you to use the PBX Online Store™ Websites only for your own personal, non-commercial purposes. Use of the PBX Online Store™ Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and PBX Online Store™, PBX Online Store™ owns the PBX Online Store™ Websites. The PBX Online Store™ Websites is protected under United States and international copyright laws. Any unauthorized use of the PBX Online Store™ Websites may violate copyright, trademark, and other laws.


Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the PBX Online Store™ Websites and for paying all charges related thereto. When you register to open an account anywhere on the PBX Online Store™ Websites, or when you contact PBX Online Store™ through the PBX Online Store™ Websites for the purpose of receiving products or services, PBX Online Store™ may collect certain personal information about you. PBX Online Store™'s use of such information is governed by the provisions of the PBX Online Store™ Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your PBX Online Store™ Websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your PBX Online Store™ Websites password and you are solely responsible for all activities that occur under your password. You agree to notify PBX Online Store™ immediately of any unauthorized use of your password or any other breach of security related to the PBX Online Store™ Websites. PBX Online Store™ reserves the right to require you to change your password if PBX Online Store™ believes that your password no longer is secure. Access to PBX Online Store™ Websites granted under other separately executed agreements by PBX Online Store™ and You shall supersede the terms contained in this Section.


Prohibited uses

You agree not to use the PBX Online Store™ Websites (including, without limitation, any Materials or Services you may obtain through your use of the PBX Online Store™ Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a 'Law'); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the PBX Online Store™ Websites or servers or networks connected to the PBX Online Store™ Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the PBX Online Store™ Websites; or (y) attempt to gain unauthorized access to any portion of the PBX Online Store™ Websites or any other accounts, computer systems, or networks connected to the PBX Online Store™ Websites, whether through hacking, password mining, or any other means.


Termination

Except as set forth in 'Other agreements; software, services or access', below, PBX Online Store™ may terminate, suspend, or modify your registration with, or access to, all or part of the PBX Online Store™ Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the PBX Online Store™ Websites at any time. If you breach any of these Terms, your authorization to use the PBX Online Store™ Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).


Disclaimers

THE PBX Online Store™ WEBSITES IS PROVIDED'AS IS' AND 'WITH ALL FAULTS' AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PBX Online Store™ WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT PBX Online Store™, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. PBX Online Store™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PBX Online Store™ WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PBX Online Store™ MAKES NO WARRANTY THAT THE PBX Online Store™ WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE PBX Online Store™ WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE PBX Online Store™ WEBSITES WILL BE CORRECTED. PBX Online Store™ MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PBX Online Store™ WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PBX Online Store™ WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PBX Online Store™ WEBSITES OR FROM PBX Online Store™, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, 'THE PBX Online Store™ PARTIES') SHALL CREATE ANY WARRANTY. PBX Online Store™ DISCLAIMS ALL EQUITABLE INDEMNITIES.


Limitation of Liability

IN NO EVENT WILL ANY OF THE PBX Online Store™ PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE PBX Online Store™ WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PBX Online Store™ WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY PBX Online Store™ PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.


Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any PBX Online Store™ Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the PBX Online Store™ Party's liability shall be the minimum permitted under such applicable law.


Other agreements; software, services or access

PBX Online Store™ may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to PBX Online Store™ Websites under the terms of a separate agreement between you and PBX Online Store™ (each, an 'Other Agreement'). PBX Online Store™'s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

For example, the use of any software that is made available to download from the PBX Online Store™ Websites ('Software') is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ('License Agreement'). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.


Modifications to PBX Online Store™ Websites

PBX Online Store™ reserves the right to modify, suspend, or discontinue the PBX Online Store™ Websites at any time without notice to you. For example, PBX Online Store™ may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and PBX Online Store™ makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local PBX Online Store™ business contact for information regarding the products, programs, and services that may be available to you.


User submissions

Certain areas of the PBX Online Store™ Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a 'User Submission'). By submitting a User Submission, you grant to PBX Online Store™ an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that PBX Online Store™ deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). PBX Online Store™ reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. PBX Online Store™ may, but is not obligated to, pre-screen User Submissions or monitor any area of the PBX Online Store™ Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. PBX Online Store™ is not required to host, display, or distribute any User Submissions on or through the PBX Online Store™ Websites and may remove at any time or refuse any User Submissions for any reason. PBX Online Store™ is not responsible for any loss, theft, or damage of any kind to any User Submissions. PBX Online Store™ does not want to receive any User Submission that is confidential.

You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that PBX Online Store™ will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. PBX Online Store™ does not guarantee that you will have any recourse through PBX Online Store™ or any third party to edit or delete any User Submission you have submitted.


By submitting any User Submission, you represent and warrant that:
a. you are at least 13 years old;
b. you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to PBX Online Store™ the rights in your User Submissions described herein;
c. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
d. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to PBX Online Store™ described herein;
e. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
f. you voluntarily agree to waive all ?moral rights? that you may have in your User Submission;
g. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
h. your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
i. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
j. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
k. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
l. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
m. your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
n. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.


Links to third-party websites

Links on the PBX Online Store™ Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the PBX Online Store™ Websites. PBX Online Store™ is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, PBX Online Store™ does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the PBX Online Store™ Network, you do this entirely at your own risk.


Linking to this Site

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.

Absent PBX Online Store™'s written authorization otherwise, a website that links to this Site:
a. may link to, but shall not replicate, any Materials (including any PBX Online Store™ logo);
b. shall not create a browser or border environment around any Materials;
c. shall not imply that PBX Online Store™ endorses such website or any products, services, or content available through such website;
d. shall not misrepresent its relationship with PBX Online Store™;
e. shall not present false or misleading information about PBX Online Store™, its products, or its services;
f. shall not contain content that could be construed as distasteful, offensive, or controversial; and
g. shall contain only content that is appropriate for all age groups.


Trademarks

PBX Online Store™ and any other product or service name or slogan or logo contained in the PBX Online Store™ Websites are trademarks of PBX Online Store™ and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PBX Online Store™ or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with PBX Online Store™ or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing any name, trademark, or product or service name of PBX Online Store™ without PBX Online Store™?s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of PBX Online Store™ and may not be copied, imitated, or used (in whole or in part) without PBX Online Store™?s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by PBX Online Store™.


Procedure for making claims of infringement

PBX Online Store™ respects the intellectual property rights of others. Accordingly, PBX Online Store™ has a policy of removing User Submissions that violate copyright law, suspending access to the PBX Online Store™ Websites (or any portion thereof) to any user who uses the PBX Online Store™ Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the PBX Online Store™ Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, PBX Online Store™ has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the PBX Online Store™ Websites, please provide written notice to the following PBX Online Store™ agent for notice of claims of infringement: copyright@pbxonlinestore.com

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow PBX Online Store™ to locate that material; (d) contain adequate information by which PBX Online Store™ can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner?s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to PBX Online Store™?s designated agent, as they will be deleted upon receipt.


U.S. government restricted rights

Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities ('U.S. Government'), are subject to the provisions of FAR 12.211 - 'Technical Data', and FAR 12.212 - 'Computer Software' , or to clauses providing PBX Online Store™ equivalent protections in DFARS or other agency specific regulations.


International and export issues

PBX Online Store™ administers this Site from its offices in Palo Alto, California. PBX Online Store™ makes no representation that the PBX Online Store™ Websites is appropriate or available for use outside the United States and access to the PBX Online Store™ Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the PBX Online Store™ Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the PBX Online Store™ Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern , or the US State Department Debarred Parties List. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


You agree to indemnify, defend, and hold harmless the PBX Online Store™ Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. PBX Online Store™ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PBX Online Store™'s defense of such claim.


Electronic communications

When you visit the Site or send e-mails to PBX Online Store™, you are communicating with PBX Online Store™ electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that PBX Online Store™ provides to you electronically satisfy any legal requirement that such communications be in writing.


General

These Terms, together with any additional terms to which you agree when using particular elements of the PBX Online Store™ Websites, constitute the entire and exclusive and final statement of the agreement between you and PBX Online Store™ with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and PBX Online Store™ with respect to such subject matter. The PBX Online Store™ Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and PBX Online Store™ shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the PBX Online Store™ Websites shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of PBX Online Store™ to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of PBX Online Store™ and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the PBX Online Store™ Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or PBX Online Store™. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PBX Online Store™ without restriction.


Modifications to these Terms

PBX Online Store™ may, in its sole and absolute discretion, change these Terms from time to time. PBX Online Store™ will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the PBX Online Store™ Websites. Continued use of the PBX Online Store™ Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.