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Collocation America – "The Connection Network"

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Terms of Service

These terms of service govern your access to and use of the CollocationAmerica.com web site and all services provided by CLLA via the Website including without limitation our platform for accessing information and connecting buyers and providers for the rental or sale of Internet Infrastructure resources. Access to the Website, use of the Services, and referrals to Providers or Buyers are subject to these Terms of Service and the CLLA Privacy Policy available on the Website.

Acceptance of Terms.

By using our Website or our Services, You indicate Your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since Your last visit.

CollocationAmerica.com is Only a Venue.

CLLA is a communications platform for enabling and facilitating the connection between businesses (“Buyers”, “You”) and providers (“Provider”). Upon contacting CLLA, a Buyer may be referred to a Provider. CLLA aids in the initial interaction between Buyers and Providers by connecting the buyer with the appropriate provider as per the Buyers given information. CLLA does not assume any responsibility for the accuracy or reliability of this information or any information on the Services provided on the website. Although CLLA screens its partners to offer the most secure and reliable services, CLLA does not have control over the quality, timing or legality of services delivered by Providers.

Transactions and Our Fees.

  1. Buyers contract for services directly with Providers, not with us. CLLA will not be a party to any contracts for Colocation or other services offered by Providers. CLLA facilitates these business relationships by supplying a medium for Buyers to contact and negotiate a contract. All payment terms with respect to the Buyer’s receipt of services from a Provider are between the Buyer and the Provider. CLLA is not responsible for the billing or collection of such payments.
  2. Our Fees. We charge Providers a referral fee for our Services, as we may agree separately with each Provider from time to time.

Release.

CollocationAmerica.com is only a venue for connecting businesses and providers. Because CLLA is not involved in the actual contact between Buyer and Provider, beyond the initial introduction, or in the assessment or provision of services, in the event that you have a dispute with one or more Providers, you hereby release CLLA (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Access and Use Terms.

  1. If You utilize the Website as a Buyer,
    1. You are allowed to make purchasing decisions for the person or entity you represent and you will only enter into service orders that you have been authorized by such person or entity; and
    2. You agree to use good faith efforts to enter into a contract with the Provider


Scope of Service.

CLLA maintains this Website as a service to the user community that visits the Website subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service You select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or services. You acknowledge that the Website is evolving and that the form and nature of the Website, including the Services accessible via the Website, may change from time to time without notice to You.

If You are using the Services in Your capacity as an employee, You must have the ability to bind Your employer by Your use of the Services.

Website Content.

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:

  1. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  2. The Content may not be modified.
  3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

Indemnification.

By using this Website, You agree to indemnify, hold harmless and defend CLLA from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of this Website.

Prohibited Conduct.

No Interference with The Website. You shall not disturb or interfere with the operation of the Website in any manner, including without limitation, by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the Website.

Disclaimer of Warranty.

DEALINGS WITH THIRD PARTIES. CLLA DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY INTERACTIONS, CORRESPONDENCE, TRANSACTIONS, AND OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION PROVIDERS FOUND ON OR THROUGH THE WEBSITE (INCLUDING ON OR VIA LINKED WEBSITES OR ADVERTISEMENTS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY (INCLUDING ISSUES RELATED TO THE CONTENT OF THIRD-PARTY ADVERTISEMENTS, PAYMENTS, SERVICES, DELIVERY OF GOODS, WARRANTIES (INCLUDING PRODUCT WARRANTIES), PRIVACY AND DATA SECURITY, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

WITHOUT LIMITING THE FOREGOING, CLLA DOES NOT WARRANT THAT ACCESS TO THE PROVIDERS SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.

CLLA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN BUYERS AND PROVIDERS.

Limitation of Liability.

IN NO EVENT SHALL CLLA BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Exclusions.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links to Third-Party Websites.

This Website may contain links to non-CLLA websites that are provided to You as a convenience. Any outside website accessed from our Website is independent from CLLA, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with Your use such links or dealings with the operators of such non-CLLA websites.

Enforcement.

These Terms of Service shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law to the extent such principles would apply the law of any other jurisdiction.

All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Los Angeles, CA, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

Severability.

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement.

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

For Additional Information.

If You have any questions about these Terms of Service, please contact support@collocationamerica.com


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