1. Acceptance of Terms of Use Agreement.
By using the Global Peer Exchange website (the “Website”) located at globalpeerexchange.com, whether through a mobile device or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use and (ii) our Privacy Policy (collectively, this “Agreement”). The use of the Global Peer Connect service, i.e. exchanging traffic over the Global Peer Exchange, is governed by a separate agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, you should not use the Website.
We may make changes to these Terms of Use and to the Website from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms of Use will be posted on the Website under globalpeerexchange.com/terms-of-use, and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Website after the changes become effective, then you agree to the revised Agreement that incorporates the amended Terms of Use. You agree that this Website shall supersede any prior agreements with respect to the Website (except as specifically stated herein).
2. Privacy
You should read carefully our Privacy Policy at www.cogentco.com/privacy-policy to learn about the information that Cogent collects, how we process it and what your rights are to your information.
3. Rights Cogent Grants You.
Cogent grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Website. This license is for the sole purpose of letting you, on behalf of your employer, use the Website and its benefits as intended by Cogent and permitted by this Agreement. Therefore, you agree not to:
Cogent may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Website, including termination of your account on the Website.
4. Rights you Grant Cogent.
By using the Website, you grant to Cogent a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you post, upload, display or otherwise make available (collectively, “post”) on the Website (collectively, “Content”). Cogent’s license to your Content shall be non-exclusive. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Website and the services associated with the Website and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Website may be viewed by other participants and may be viewed by any person visiting or participating in the Website and the associated services, unless you expressly denied such viewing by activating privacy options proposed to you on the Website, if and when they are available.
You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Website and grant the license to Cogent above.
You understand and agree that we may monitor or review any Content you post on the Website. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Website.
You agree that Cogent may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Cogent or any other person.
5. Your Account.
In order to use the certain functionalities of the Website, you must sign in using the login credentials established by your employer. You are responsible for maintaining the confidentiality of these login credentials, and your employer is solely responsible for all activities that occur under those credentials.
6. Global Peer Exchange Community Rules.
By using the Website, you agree that you will not:
Cogent reserves the right to investigate and/ or terminate your use of the Website if you have violated this Agreement or misused the Website.
7. Other Participants’ Content.
Although Cogent reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the participant who posts it, and Cogent cannot guarantee that all Content will comply with this Agreement. Cogent does not guarantee the truthfulness or accuracy of any Content posted by a participant on the Website. If you see Content on the Website that violates this Agreement, please report it to Cogent via abuse@cogentco.com.
8. Disclaimers.
COGENT PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COGENT DOES NOT REPRESENT OR WARRANT THAT (A) THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE WILL BE ACCURATE.
COGENT TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER PARTICIPANT OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
COGENT DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER PARTICIPANT ON THE SERVICE.
9. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COGENT, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) THE CONDUCT OR CONTENT OF OTHER PARTICIPANTS` OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE WEBSITE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF COGENT HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 9 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION AND THE PRECEDING SECTION 8 MAY NOT APPLY TO YOU.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Cogent would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
10. Indemnification
You agree to indemnify, defend and hold harmless Cogent and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Cogent or any other indemnified party by any third party arising from your use of the Website or any violation of these Terms, the rights of a third party or applicable law.
11. Choice of Law and Venue
This Agreement is made pursuant to and shall be construed and enforced in accordance with the laws of the District of Columbia without regard to its choice of law principles. Any action arising out of or related to this Agreement shall be brought in the District or Federal courts located in the District of Columbia, and you consent to the jurisdiction and venue of such courts.
12. Miscellaneous
Global Peer Exchange is operated by Cogent Communications, Inc. You can find more information about Cogent at www.cogentco.com. This Agreement contain the final, entire and complete agreement between you and Cogent regarding the matters contained herein and supersede all prior and contemporaneous negotiations and oral representations and agreements, all of which are merged and integrated into this Agreement. If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein. If Cogent fails or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.