Tomorrow Networks® Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.

These Terms of Use are effective November 3, 2015.

THE TERMS OF USE AND OUR PRIVACY POLICY GOVERN YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES AVAILABLE AT TOMORROWNETWORKS.COM (THE “SITE”), APPLY EACH TIME YOU ACCESS OR USE THE SITE AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TOMORROW NETWORKS (“TOMORROW NETWORKS,” “WE,” “US” OR “OUR”); PLEASE READ THEM CAREFULLY. WHEN YOU ACCESS OR USE THE SITE, YOU ACCEPT THE PRIVACY POLICY AND TERMS OF USE AS IF YOU HAD SIGNED THEM, AND YOU CONSENT TO OUR COLLECTING AND USING YOUR INFORMATION AS DESCRIBED IN THE TERMS OF USE AND PRIVACY POLICY. YOUR COMPLIANCE WITH THESE TERMS OF USE IS A CONDITION TO YOUR USE OF THE SITE.  IF YOU DO NOT AGREE TO THE TERMS OF USE OR PRIVACY POLICY, DO NOT USE THE SITE OR DISCONTINUE USING THE SITE.

Copyright and Trademark Information

The Site, the information which it contains and any material made available for download on the Site are the property of Tomorrow Networks, or its licensors or suppliers, as applicable. The Site protected by United States and international copyright and trademark laws. All rights not expressly granted herein are reserved to us and our licensors.

Use of Tomorrow Networks Content

We authorize you to view or download a single copy of the contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”), solely for your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which are contained in the Content.  You may not copy, distribute, modify, reproduce, publish or use, in whole or in part, any Content except for purposes explicitly authorized by these Terms of Use or approved in writing by Tomorrow Networks. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Tomorrow Networks without our express written consent.  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.  Content and features are subject to change or termination without notice in our editorial discretion.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any documents 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 such third party that may own copyrights in material displayed on this website.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Limitation of Liability / Disclaimer of Warranties

TOMORROW NETWORKS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. TOMORROW NETWORKS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. TOMORROW NETWORKS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Tomorrow Networks makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Tomorrow Networks site, please understand that it is independent from Tomorrow Networks, and that Tomorrow Networks has no control over the Content on that website. In addition, a link to a non-Tomorrow Networks website does not mean that Tomorrow Networks endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

TOMORROW NETWORKS AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TOMORROW NETWORKS TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS ONE THOUSAND DOLLARS ($1,000.00).

Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred.

Indemnification

By using the Site, you agree to indemnify and hold us, our officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site.

Notice and Takedown Procedures / Copyright Agent

If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting our copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed.
  2. Identification of the material that you believe to be infringing and its location.  Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.  Our agent for copyright issues relating to this website is the contact indicated at the end of these Terms of Use.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of this website who are repeat infringers.

Security; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Tomorrow Networks will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

All registered members of the Site are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their passwords or accounts.  It is the registered members’ sole responsibility to (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their account and password; (3) inform us of any need to deactivate their password or change their registration, as soon as possible.

General

We are based in the United States of America.  We make no claims that the Content is appropriate or may be downloaded outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries. The Site is intended for use only within the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation of Liability / Disclaimer of Warranties, Indemnification, User Submissions, Jurisdiction, Class Action Waiver and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Class Action Waiver

You may only resolve disputes with us on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitute the entire agreement between you and us with respect to the use of the Site and Content.  Your use of the Site is also subject to the Privacy Policy.

Contact

Tomorrow Networks

1270 Avenue of the Americas, Suite 2920

New York, New York 10020

privacy@tomorrownetworks.com

Copyright © 2016 Tomorrow Networks – All Rights Reserved.