Terms of Service

These Terms were last updated: October 2018

We at Neutral Connect Networks LLC (“Responsible AI,” “We,” “Us,” or “Our”) welcome you (“you,” “your” or “user”) to https://www.neutralconnect.com (the “Website”).  We provide the content and services available on the Website to you subject to the following terms and conditions of use (the “Terms”).  Please carefully review these Terms that govern your access and use of the Website and the associated services.  By accessing or using any portion of the Website or any service or content on the Website, you are acknowledging that you have read, understand, and accept these Terms and agree, without limitation or qualification, to be bound by these Terms.  If you do not agree to be bound by these Terms, please do not access or use this Website.

Changes to these Terms.  We reserve the right, in Our sole discretion, to change, add or remove portions of these Terms at any time and for any reason.  If We change these Terms, We will post the revised version of the Terms here, and such changes will be effective immediately upon that posting.  Accordingly, you should periodically review these Terms when accessing or using the Website.  Each use of the Website constitutes your agreement to be bound by and comply with the then-current Terms.  If at any time you no longer agree to be bound by or comply with these Terms, then you must immediately stop accessing and using the Website.

Children.  The Website is not aimed or intended for children under the age of 13.  If you are under the age of 13, please DO NOT USE the Website.  By using the Website, you represent and certify that you are 18 years of age or older.  If you are over the age of 13 but under the age of 18 and wish to access the Website, you must obtain parental consent before using the Website and your parents must agree to these Terms.

Privacy.  Your privacy is important to us. We may collect, use, store, or share information about you.  The terms of the Privacy Policy are hereby expressly incorporated into these Terms.

Ownership and Intellectual Property.  The Website, and all content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, code and software, and any combinations or compilations thereof (collectively, the “Content”), is the property of The Responsible AI or Our affiliates, partners, customers or licensors, and is protected by applicable copyright and/or other intellectual property rights and laws of the United States and other countries.

If you believe that any Content or other material posted on the Website infringes your copyright, please notify Our designated copyright agent in accordance with these Terms, and We will address your concerns in accordance with the provisions of the Digital Millennium Copyright Act.

To submit a notice of infringement to Our designated copyright agent, you must provide a signed, written notice that includes each of the following:

  • Identification or a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site;
  • 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, including its location, with sufficient detail so as to permit Us to locate the material;
  • Information reasonably sufficient to permit Us to contact the complaining party, such as Your contact information, including name, address, telephone number, and email address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law;
  • A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3).  In addition, any trademarks, logos, and service marks owned by The Responsible AI or Our affiliates and displayed on the Website (collectively, the “Trademarks“) are the registered or unregistered marks of The Responsible AI or Our affiliates, licensors or partners, and are protected by United States and international trademark laws.  All other Trademarks not owned by The Responsible AI or Our affiliates, partners or licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.  Except as expressly permitted in these Terms, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, downloaded or stored (except for caching or as necessary to view content), duplicated, copied, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without Our prior written consent.  No act of downloading or otherwise copying from the Website, even with Our permission, will transfer title to any Content or Trademarks to you.  We hereby expressly reserve all rights not expressly granted in and to the Website, the Content and Trademarks.

Use of the Website.  Subject to these Terms, We hereby grant you a limited, revocable, nontransferable, and non-exclusive right to access and use the Website and the Content, solely for your personal benefit and no other commercial purpose.  We hereby grant you the right to make one copy of the pages displayed on the Website, for your informational, non-commercial purposes only.  You agree to use the Website and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside while using the Website and services.  You may browse the Website without creating an account or entering any personal information; however, in order to use certain features and services of the Website, you will be required to answer a series of questions and enter some personal information.

You are solely responsible for the information that you provide to Us and acknowledge and agree that the information that you provide is accurate and truthful.  By entering your email address, you agree to receive email from us that may include any notice, disclosure, statement, or newsletter in connection with the Website and related services. You may opt out of receiving Our newsletter or set your email preferences by following the instructions in the email that you receive from us.  However, We may still send you email to provide notice, related to your use of the Website or services, or in response to your inquiries. Similarly, by entering your phone number, you represent and agree that the phone number you provide to Us belongs to you and that We may send you informational text messages, SMS, related to the Website or associated services.  If you access the Website using your mobile device, you understand that your mobile network provider (“Mobile Provider”) may charge you fees for your use of its network while accessing or using the Website, for data downloading, or roaming, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES.  From time to time, we may offer promotions or contests, which may be require you to provide certain personal information and agree to separate terms and conditions or rules and regulations to participate.

Prohibited Uses of the Website. While using the Website and related services, you agree that you will not:

  • use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • make any use of the Website or its Content for any commercial use, including resale, recirculation or redistribution, or use or allow the use of the Website or its Content by or for the benefit of, any other person or entity, except with Our express prior written permission;
  • promote illegal activities, sexual or “adult” conduct, child abuse, drugs or anything objectionable (as determined in our sole discretion);
  • circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content;
  • modify, transmit, participate in the sale or transfer of, or create derivative works based upon any Content, unless expressly permitted elsewhere in these Terms;
  • copy, modify, adapt, alter, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Website is based;
  • use any meta tags or any other “hidden text” utilizing Our name or the Trademarks without Our prior written consent;
  • decrypt, transfer, or “frame” or “mirror” the Website;
  • use software robots, spiders, crawlers, or similar data gathering and extraction tools, whether automated or manual, to access, acquire, copy or monitor any portion of the Website or any Content without Our prior written consent;
  • knowingly or intentionally take any other action that may impose an unreasonable burden or load on Our Website, its servers or infrastructure;
  • delete, modify, hack, or attempt to change or alter the Website or Content;
  • use the Website or Content to develop a competing website or service;
  • knowingly or intentionally make false or misleading statements; or
  • authorize or assist a third party to do any of the foregoing.

We make no claims regarding the use of the Website or access to the Content outside of the United States.  Access to the Website or Content may not be legal by certain persons or in certain countries.  If you access the Website or Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of such jurisdiction.

Any unauthorized use by you of the Website or Content will terminate your limited rights to use the Website and Content without prejudice to any other remedy that We may have under applicable law.

While using the Website, you agree not to post, upload, transmit, or otherwise make available any content through the Website that:

  • is promotional in nature, including solicitations, junk mail, spam, chain letters, pyramid schemes or the like;
  • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including by sharing their private or personal information), hateful, or racially, ethnically or otherwise objectionable;
  • falsely identifies you or your e-mail address, impersonates any other person or entity, or otherwise misleads Us or Website users as to the origin of any User Comments;
  • violates or infringes the copyright, trademark, or other intellectual property rights of any third party, or is provided or posted without the permission of the owner(s) of such rights;
  • contains software viruses or other computer code, files or programs designed to interrupt, destroy, harm or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • is otherwise deemed by Us in Our sole discretion to be inappropriate for the Website.

Third Party Links.  For your convenience, We may provide links on the Website to websites of other persons or entities unaffiliated with The Responsible AI (“Third Party Sites”).  We are not responsible for the content of any Third-Party Sites to which the Website links or is linked to, including any social network websites such as Twitter or Facebook that We may use to promote The Responsible AI or Our activities.  Links appearing on the Website are for convenience only and, unless explicitly stated otherwise, are not an endorsement by Us, or Our affiliates or partners, of the referenced content, product, service, or supplier.  You agree and understand that clicking on any link to any Third Party Site shall be at your own risk.  You acknowledge and agree that we are in no way responsible for examining or evaluating, and do not make any warranties as to the offerings of, Third Party Sites linked to or from the Website, nor do We assume any responsibility or liability for the actions, content, products, or services of such Third Party Sites, including, without limitation, their privacy statements and terms and conditions.  We strongly encourage you to carefully review the terms and conditions and privacy policies of all Third-Party Sites that you visit. We may use the services of a third-party service provider to process transactions, including payment transactions, or for communication purposes, as part of your use of the Website. By using the Website, you grant Us all necessary rights and consents under all applicable laws, rules, and regulations to disclose to Our third party service providers – or allow such third party service providers to collect, use, retain, and disclose – any personal information, as defined in Our Privacy Policy, for purposes of providing the services hereunder to you, including data that we may collect directly from you using cookies or other similar means, as described in Our Privacy Policy.  We do not control or assume any responsibility for the actions of any third party.

Disclaimer of Warranties.  The Responsible AI uses reasonable efforts to maintain the Website but is not responsible for any defects or failures associated with the Website.  to the fullEST extent permitted by applicable law, We make no representations or warranties that the Website, the Content, or information available on the Website including User Comments, is accurate, complete, reliable, current, or error-free, and We expressly disclaim any and all liability for errors or omissions in, or the unavailability of, the Website, the Content or other such information.  Any Content or information on the Website is subject to change without notice.

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE CONTENT OR TRADEMARKS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  THE WEBSITE MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION, (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF THE RESPONSIBLE AI PARTIES OR WHICH ARE NOT FORESEEABLE BY US.

Limitation of Liability.  YOU AGREE THAT THE RESPONSIBLE AI, AND OUR AFFILIATES, PARTNERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS AND EMPLOYEES (THE “RESPONSIBLE AI PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR OR IN RELATION TO ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, LOSS, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT THE PRESENCE OF OR HYPERLINKING TO OR FROM THE RESPONSIBLE AI LINKS ON THE WEBSITE TO THIRD PARTY SITES; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM THIRD PARTY SITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE; OR (g) EVENTS BEYOND THE RESPONSIBLE AI’S REASONABLE CONTROL.  FURTHER THE RESPONSIBLE AI PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT OR TRADEMARKS (OR YOUR USE THEREOF) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE RESPONSIBLE AI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE RESPONSIBLE AI PARTIES’ TOTAL LIABILITY TO YOU HEREUNDER OR OTHERWISE RELATED TO THE WEBSITE OR THE CONTENT OR TRADEMARKS (OR YOUR USE THEREOF) FOR ANY AND ALL DAMAGES, LOSSES, LIABILITIES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED $50.00 USD.  SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE RESPONSIBLE AI PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.

Indemnification; Release.  You agree, at your own expense, to defend, indemnify and hold the Responsible AI Parties harmless from and against any losses, liabilities, damages or costs incurred by the Responsible AI Parties, including reasonable attorneys’ fees, resulting from any third-party claim, action, threat or demand arising out of or relating to (a) your use of the Website, Content or Trademarks, including any User Comments; (b) your violation of these Terms or any law or the rights of any third party, including intellectual property rights; (c) any User Comment that you input, post, upload, distribute, e-mail, transmit or otherwise make available through the Website; or (d) your negligence or willful misconduct.  You may not in any event settle any such third-party claim, action or demand without Our written consent.  The Responsible AI reserves the right to, in its sole discretion and at its own expense, participate in or assume the exclusive defense and control of any such third-party claim, action, threat, or demand otherwise subject to indemnification by you.  You agree to release Company, its members, officers, directors, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of the Website or related services.  If, at any time, you are not satisfied with the Website or any related services, your sole remedy is cessation of use of the Website and such services.

Dispute Resolution.

THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.

Arbitration.  Any dispute, claim, controversy, action, or proceeding arising out of or relating to this Agreement or the services (a “Dispute”) will be determined by arbitration in the Palm Beach County, Florida before a single arbitrator.  The American Arbitration Association (“AAA”) will administer the arbitration in accordance with the AAA rules.  The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration.  You and The Responsible AI will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed.  Except as otherwise required by law, neither you, The Responsible AI , nor the arbitrator may disclose the existence, contents, or results of any arbitration under this Agreement without the prior written consent of you and The Responsible AI . Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based.  This Section will not preclude You or The Responsible AI from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

No Class Action.  YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS, YOU AND THE RESPONSIBLE AI ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.

Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

Time to File.  Any cause of action or claim you may have arising out of or relating to the Terms or the Website must be commenced within one (1) year after the caUse of action accrues.  Otherwise, such cause of action or claim is permanently barred.

Governing Law.  These Terms are governed by the laws of the State of Florida, without regard to any conflict of law principles thereof that might lead to the application of the laws of another jurisdiction.  The Responsible AI and you acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms of use shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

Injunctive Relief.  Notwithstanding anything herein to the contrary, The Responsible AI reserves the right to seek injunctive relief if you use the Website in violation of the rights granted herein or infringe upon or misappropriate any intellectual property rights of The Responsible AI.

Termination.  We have the right to restrict, suspend or terminate your access to the Website, in Our sole discretion, if you fail to comply with any provision of these Terms.  We may also discontinue or change the Website or any service therein, or its availability to you, at any time and for any reason, and without prior notice or liability.

General.  These Terms, together with Our Privacy Policy, constitute the complete and exclusive agreement between you and The Responsible AI concerning your use of the Website, and supersede and govern all prior proposals, agreements or other communications.  Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between The Responsible AI and you.  Nothing contained in these Terms provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement, or cause of action, or creates any third party beneficiary rights.  Our failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of that provision at any other time.  In the event that any provision of these Terms shall be declared unenforceable or invalid under any applicable law by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force and effect.