Conexall is owned by Swift Connect Ltd, a private limited company registered in the UK under
company registration number 6381528. Swift Connect can be contacted at PO Box 120, Tunbridge Wells,
Kent TN5 7ZA, UK. ("Swift Connect" or "we") operates Conexall.com, which is a
telecommunications and internet communications service for private and public groups. Conexall
allows Members to set up groups of contacts online in order to send and receive messages by email,
by SMS text messaging, by instant messaging or by voice over the mobile or landline telephone.
Conexall allows members to specify their "routing preference" which determines the medium
by which members will receive messages from other members i.e. by email, SMS text or voice via a
mobile (cellphone) or landline telephone. Conexall allows members to make dial–out instant
conference calls to a maximum of eight people simultaneously. Conexall allows members to share
files, including documents, photos and videos through web pages dedicated to each specific group.
Conexall allow group members to share a common diary and to post announcements or send messages to
the group through each group's dedicated web pages within the Conexall website. The services
offered by Conexall include any Conexall branded URL (the "Conexall Website"), the
Conexall routing preference system, the Conexall instant conferencing system, the Conexall instant
messaging service, the Conexall file sharing service and other features (for example, music and
video embedded players), Conexall mobile and landline services, and any other features, content,
or applications offered from time to time by Conexall in connection with Conexall's business
(collectively, the "Conexall Services"). The Conexall Services are hosted in the United
Kingdom.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your
use of the Conexall Services. By using the Conexall Services, you agree to be bound by this
Agreement, whether you are a "Visitor" (which means that you simply browse the Conexall
Website, including through a mobile device or otherwise use the Conexall Services without being
registered) or you are a "Member" (which means that you have registered with Conexall).
The term "User" refers to a Visitor or a Member. You are only authorized to use the
Conexall Services (regardless of whether your access or use is intended) if you agree to abide by
all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save
it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and
to follow all applicable laws, you should leave the Conexall Website and discontinue use of the
Conexall Services immediately. If you wish to become a Member, communicate with other Members
and/or make use of the Conexall Services, you must read this Agreement and indicate your acceptance
during the Registration process.
This Agreement includes Conexall's policy for acceptable use of the Conexall Services and
Content (as defined in Section 6.1 below) posted on or through the Conexall Services and your
rights, obligations and restrictions regarding your use of the Conexall Services and Content
posted on or through the Conexall Services. In order to participate in certain Conexall Services,
you may be notified that you are required to download software or content and/or agree to
additional terms and conditions from Conexall. Unless otherwise provided by the additional terms
and conditions applicable to the Conexall Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement.
Conexall may modify this Agreement from time to time and such modification shall be effective
upon posting by Conexall on the Conexall Website. Your continued use of the Conexall Services
after Conexall posts a revised Agreement signifies your acceptance of the revised Agreement.
It is therefore important that you review this Agreement regularly to ensure you are updated
as to any changes.
Information that users provide to Conexall on registration will be kept confidential. Each
group can determine whether or not to share contact details with other members of the same group.
Contact details are not shared with other users outside of each specific group.
Please choose carefully the information you post on or through the Conexall Services and that
you provide to other Users. Your Conexall profile may not include any form of Prohibited Content,
as outlined in Section 8 below. Despite this prohibition, information, materials, products or
services provided by other Conexall Members (for instance, in their profile) may, in whole or in
part, be unauthorized, impermissible or otherwise violate this Agreement, and Conexall assumes no
responsibility or liability for this material. If you become aware of misuse of the Conexall
Services by any person, please click on the "Contact
Conexall".
Conexall reserves the right, in its sole discretion, to reject, refuse to post or remove any
posting (including private messages) by you, or to deny, restrict, suspend, or terminate your
access to all or any part of the Conexall Services at any time, for any or no reason, with or
without prior notice or explanation, and without liability. Conexall expressly reserves the right
to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any
part of the Conexall Services if Conexall determines, in its sole discretion, that you have
violated this Agreement or pose a threat to Conexall and/or its Users and/or violating any
applicable law.
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Eligibility. Use of the Conexall Services and registration to be a Member
for the Conexall Services ("Membership") is void where prohibited. By using the
Conexall Services, you represent and warrant that (a) all registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your
use of the Conexall Services does not violate any applicable law or regulation. Your profile
may be deleted and your Membership may be terminated without warning, if we believe that you
are posting prohibited material.
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Term. This Agreement, and any posted revision to this Agreement, shall
remain in full force and effect while you use the Conexall Services or are a Member. You may
terminate your Membership at any time, for any reason, by following the instructions on the
Member's Account Settings page. Conexall may terminate your Membership at any time, for
any or no reason, with or without prior notice or explanation, and without liability. Even
after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
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Fees. You acknowledge that Conexall reserves the right to charge for that
portion of the Conexall Services which requires messages to be sent via public telephone
networks (mobile or fixed line calls, conference calls and SMS text messages) and to change
its fees that are commensurate with standard telephone network providers telephone user charges.
If Conexall terminates your Membership because you have breached the Agreement, you shall not
be entitled to the refund of any unused portion of fees or payments (if any).
"Price List" means the list which identifies the charge(s) for the Service and which
is available at the following URL
"Call Charge" means the price charged to the caller by BT or by a mobile network
operator.
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Password. When you sign up to become a Member, you will also be asked to
choose a password. You are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of another Member at any
time or to disclose your password to any third party. You agree to notify Conexall
immediately if you suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
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Use by Members. The Conexall Services are for the personal use of Members
and may be used for promotional purposes as well, but direct commercial endeavors may only
be used if they are specifically endorsed or authorized by Conexall. Conexall reserves the
right to remove commercial content in its sole discretion. Illegal and/or unauthorized use
of the Conexall Services, including collecting usernames, user ID numbers and/or email
addresses of Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the Conexall Website, or employing third
party promotional sites or software to promote profiles for money, is prohibited.
Commercial advertisements, affiliate links, and other forms of unauthorized solicitation
may be removed from Member profiles without notice or explanation and may result in
termination of Membership privileges. Conexall reserves the right to take appropriate
legal action for any illegal or unauthorized use of the Conexall Services.
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Proprietary Rights in Content on Conexall.
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6.1 Conexall does not claim any ownership rights in the text,
files, images, photos, video, sounds, musical works, works of authorship, applications,
or any other materials (collectively, "Content") that you post on or through
the Conexall Services. After posting your Content to the Conexall Services, you
continue to retain any such rights that you may have in your Content, subject to the
limited license herein. By displaying or publishing ("posting") any Content
on or through the Conexall Services, you hereby grant to Conexall a limited license to
use, modify, delete from, add to, publicly perform, publicly display, reproduce, and
distribute such Content solely on or through the Conexall Services, including without
limitation distributing part or all of the Conexall Website in any media formats and
through any media channels, except Content marked "private" will not be
distributed outside the Conexall Website. This limited license does not grant
Conexall the right to sell or otherwise distribute your Content outside of the
Conexall Services. After you remove your Content from the Conexall Website we will
cease distribution as soon as practicable, and at such time when distribution ceases,
the license will terminate. If after we have distributed your Content outside the
Conexall Website you change the Content's privacy setting to "private,"
we will cease distribution of such "private" Content outside the Conexall
Website as soon as practicable after you make the change.
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6.2 The license you grant to Conexall
is non–exclusive (meaning you are free to license your Content to anyone else
in addition to Conexall), fully–paid and royalty–free (meaning that
Conexall is not required to pay you for the use on the Conexall Services of the
Content that you post), sublicensable (so that Conexall is able to use its affiliates,
subcontractors and other partners such as Internet content delivery networks and
wireless carriers to provide the Conexall Services), and worldwide (because the
Internet and the Conexall Services are global in reach).
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6.3 You represent, warrant and covenant
that: (i) you own the Content posted by you on or through the Conexall Services or
otherwise have the right to grant the license set forth in this Section 6, and
(ii) the posting of your Content on or through the Conexall Services does not
violate any applicable laws, including but not limited to the privacy rights,
publicity rights, intellectual property rights, copyrights, contract rights or
any other rights of any person or entity. You agree to pay for all royalties,
fees, and any other monies owing to any person or entity by reason of any
Content posted by you on or through the Conexall Services.
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6.4 The Conexall Services contain
Content of Conexall ("Conexall Content"). Conexall Content is protected by
copyright, trademark, patent, trade secret, industrial secret, and other laws, and
Conexall owns and retains all rights in the Conexall Content and the Conexall Services.
Conexall hereby grants you a limited, revocable, nonsublicensable license to reproduce
and display the Conexall Content (excluding any software code) solely for your personal
use in connection with viewing the Conexall Website and using the Conexall Services.
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6.5 The Conexall Services contain
Content of Users and other Conexall licensors. Except as provided within this
Agreement, you may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Content appearing on or through the
Conexall Services.
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6.6 Conexall performs technical
functions necessary to offer the Conexall Services, including but not limited to
transcoding and/or reformatting Content to allow its use throughout the Conexall
Services.
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Content Posted.
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7.1 Conexall may reject, refuse to post
or delete any Content for any or no reason, including Content that in the sole
judgment of Conexall violates this Agreement or which may be offensive, illegal or
violate the rights of any person or entity, or harm or threaten the safety of any
person or entity. Conexall assumes no responsibility for monitoring the Conexall
Services for inappropriate Content or conduct. If at any time Conexall chooses,
in its sole discretion, to monitor the Conexall Services, Conexall nonetheless
assumes no responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
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7.2 You are solely responsible for
the Content that you post on or through any of the Conexall Services, and any
material or information that you transmit to other Members and for your
interactions with other Users.
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7.3 You are solely responsible
for ensuring that all Content that you post on or through any of the Conexall
Services, and any material or information that you transmit to other Users,
conforms to all applicable data protection and privacy laws, including
ensuring that you have obtained the prior consent of any and all individuals
whose personal information you use and/or disclose on or through Conexall.
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Content/Activity Prohibited. The following are examples of the kind of
Content that is illegal or prohibited to post on or through the Conexall Services.
Conexall reserves the right to investigate and take appropriate legal action against
anyone who, in Conexall's sole discretion, violates this provision, including
without limitation, removing the offending Content from the Conexall Services and
terminating the Membership of such violators. Prohibited Content includes, but is
not limited to Content that, in the sole discretion of Conexall:
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8.1 is patently offensive and
promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
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8.2 harasses or advocates
harassment of another person;
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8.3 exploits people in a sexual
or violent manner;
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8.4 contains nudity, excessive
violence, or offensive subject matter or contains a link to an adult website;
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8.5 solicits personal information
from anyone under 18;
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8.6 publicly posts information
that poses or creates a privacy or security risk to any person;
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8.7 constitutes or promotes
information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
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8.8 constitutes or promotes
an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacturer–installed copy–protect
devices, or providing pirated music or links to pirated music files;
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8.9 involves the transmission
of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
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8.10 contains restricted or
password only access pages or hidden pages or images (those not linked
to or from another accessible page);
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8.11 furthers or promotes
any criminal activity or enterprise or provides instructional information
about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
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8.12 solicits passwords or
personal identifying information for commercial or unlawful purposes
from other Users;
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8.13 involves commercial
activities and/or sales without prior written consent from Conexall
such as contests, sweepstakes, barter, advertising, or pyramid schemes;
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8.14 includes a photograph
or video of another person that you have posted without that person's
consent;
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8.15 for band, comedy,
filmmaker and other profiles, uses sexually suggestive imagery or any
other unfair, misleading or deceptive Content intended to draw traffic
to the profile;
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8.16 violates the privacy
rights, publicity rights, copyrights, trademark rights, contract rights
or any other rights of any person; or
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8.17 promotes propaganda
and/or symbols of organizations which are unconstitutional or illegal
in your country.
The following are examples of the kind of activity that is illegal or
prohibited on the Conexall Website and through your use of the Conexall
Services. Conexall reserves the right to investigate and take appropriate
legal action against anyone who, in Conexall's sole discretion,
violates this provision, including without limitation, reporting you to
law enforcement authorities. Prohibited activity includes, but is not
limited to:
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8.18 criminal or
tortious activity, including child pornography, corruption of minors,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or
other harmful files, intellectual property rights (including but
not limited to copyright, trademark and patent infringement), or
theft of trade or industrial secrets;
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8.19 advertising to,
or solicitation of, any Member to buy or sell any products or
services through the unauthorized or impermissible use of the
Conexall Services. You may not transmit any chain letters or
junk email to other Members. In order to protect our Members
from such advertising or solicitation, Conexall reserves the
right to restrict the number of emails which a Member may
send to other Members in any 24–hour period to a number
which Conexall deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk email,
instant messages or other unauthorized commercial communications
of any kind through the Conexall Services, you acknowledge
that you will have caused substantial harm to Conexall, but
that the amount of such harm would be extremely difficult
to ascertain.
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8.20 circumventing
or modifying, attempting to circumvent or modify, or encouraging
or assisting any other person in circumventing or modifying any
security technology or software that is part of the Conexall Services;
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8.21 activity that
involves the use of viruses, bots, worms, or any other computer
code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or
otherwise permit the unauthorized use of or access to a
computer or a computer network;
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8.22 covering or
obscuring the banner advertisements on your personal profile
page, or any Conexall page via HTML/CSS or any other means;
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8.23 any automated
use of the system, including but not limited to, using scripts
to add friends or send comments or messages;
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8.24 interfering
with, disrupting, or creating an undue burden on the Conexall
Services or the networks or services connected to the Conexall
Services;
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8.25 impersonating
or attempting to impersonate another Member, person or entity;
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8.26 for band,
comedy, filmmaker and other profiles containing a Conexall
player, copying the code for your Conexall Player and
embedding it (or directing others to embed it) anywhere
other than your band profile on Conexall;
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8.27 using
the account, username, or password of another Member at
any time or disclosing your password to any third party
or permitting any third party to access your account;
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8.28 selling
or otherwise transferring your profile;
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8.29
using any information obtained from the Conexall Services
in order to harass, abuse, or harm another person or
entity, or attempting to do the same;
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8.30
displaying an unauthorized commercial advertisement on your profile,
or accepting payment or anything of value from a third person in exchange for
your performing any commercial activity through the unauthorized or impermissible
use of the Conexall Services on behalf of that person, such as placing commercial
content on your profile, posting blogs or bulletins with a commercial purpose,
selecting a profile with a commercial purpose as one of your "Top 8" friends,
or sending private messages with a commercial purpose; or
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8.31
using the Conexall Services in a manner inconsistent with any and all applicable
laws and regulations.
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Protecting Copyrights and Other Intellectual Property. Conexall
respects the intellectual property of others, and requires that our users do the same. You
may not upload, embed, post, email, transmit or otherwise make available any material that
infringes any copyright, patent, trademark, trade secret or other proprietary rights of
any person or entity. Conexall has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the Conexall Services in a
way that constitutes copyright infringement, please send Conexall's Copyright Agent a
notification of claimed infringement with all of the following information: (a)
identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of such
works; (b) identification of the claimed infringing material and information reasonably
sufficient to permit us to locate the material on the Conexall Services (providing the
URL(s) of the claimed infringing material satisfies this requirement); (c) information
reasonably sufficient to permit us to contact you, such as an address, telephone number,
and, if available, an email address; (d) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its agent, or
the law; (e) a statement by you, made under penalty of perjury, that the above
information in your notification is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf; and (f) your physical or
electronic signature.
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Member Disputes. You are solely responsible for your interactions with
other Conexall Members. Conexall reserves the right, but has no obligation, to become
involved in any way with disputes between you and other Members.
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Privacy. Use of the Conexall Services is also governed by our
Privacy Policy, which is incorporated
into this Agreement by this reference.
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Disclaimers. Conexall is not responsible for and makes no warranties,
express or implied, as to the User Content or the accuracy and reliability of the User
Content posted on or through the Conexall Services, whether caused by Users of the
Conexall Services or by any of the equipment or programming associated with or
utilized in the Conexall Services and such User Content does not necessarily
reflect the opinions or policies of Conexall. Profiles and third party
applications created and posted by Members on the Conexall Website may contain
links to other websites. Conexall is not responsible for the content, accuracy or
opinions expressed on such websites, and such websites are not necessarily
investigated, monitored or checked for accuracy or completeness by Conexall.
Inclusion of any linked website on the Conexall Services does not imply approval
or endorsement of the linked website by Conexall. When you access these
third–party sites, you do so at your own risk. Conexall takes no
responsibility for third party advertisements or third party applications
that are posted on or through the Conexall Services, nor does it take any
responsibility for the goods or services provided by its advertisers. Conexall is
not responsible for the conduct, whether online or offline, of any User of the
Conexall Services. Conexall assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration of,
any User or Member communication. Conexall is not responsible for any problems
or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the
Internet or on any of the Conexall Services or combination thereof,
including any injury or damage to Users or to any person's computer
related to or resulting from participation or downloading materials in
connection with the Conexall Services. Under no circumstances shall Conexall
be responsible for any loss or damage, including personal injury or death,
resulting from use of the Conexall Services, attendance at a Conexall
event, from any User Content posted on or through the Conexall Services,
or from the conduct of any Users of the Conexall Services, whether online
or offline. The Conexall Services are provided "AS-IS" and as
available and Conexall expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. Conexall cannot guarantee and does
not promise any specific results from use of the Conexall Services.
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Limitation on Liability. In no event shall conexall be liable to
you or any third party for any indirect, consequential, exemplary, incidental,
special or punitive damages, including lost profit damages arising from your use
of the conexall services, even if conexall has been advised of the possibility of
such damages. notwithstanding anything to the contrary contained herein,
Conexall's liability to you for any cause whatsoever and regardless of the form
of the action, will at all times be limited to the amount paid, if any, by you to
Conexall for the Conexall services during the term of membership.
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Disputes. The Agreement shall be governed by, and construed in
accordance with, the laws of England, without regard to its conflict of law
provisions. You and Conexall agree to submit to the exclusive jurisdiction of the courts
located within England to resolve any dispute arising out of the Agreement or the Conexall
Services. IN the event of any dispute arising between the parties in connection with this
agreement which cannot be settled by negotiation the parties will in good faith, seek to
resolve that dispute through mediation under the auspices of The ADR Group of Grove House,
Grove Road, Redland, Bristol BS6 6UL before resorting to arbitration. If the dispute is
not resolved by mediation within 30 days, or if one of the parties will not participate in
the mediation, the dispute shall be referred to arbitration in accordance with the rules of
the Chartered Institute of Arbitrators whose rules are deemed to be incorporated by reference
into this clause. Each of the parties hereby knowingly, voluntarily and intentionally waives
any right it may have to a trial by jury in respect of any litigation (including but not
limited to any claims, counterclaims, cross-claims, or third party claims) arising out of,
under or in connection with this agreement. further, each party hereto certifies that no
representative or agent of either party has represented, expressly or otherwise, that such
party would not in the event of such litigation, seek to enforce this waiver of right to
jury trial provision. each of the parties acknowledges that this section is a material
inducement for the other party entering into this agreement.
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Indemnity. You agree to indemnify and hold Conexall, its subsidiaries,
and affiliates, and their respective officers, agents, partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Conexall Services in
violation of this Agreement and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth in this Agreement and/or if any
Content that you post on or through the Conexall Services causes Conexall to be liable
to another.
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Other. This Agreement is accepted upon your use of the Conexall
Website or any of the Conexall Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and Conexall regarding the use
of the Conexall Services. The failure of Conexall to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or
contractual effect. Conexall is a trademark of Conexall, Inc. This Agreement operates to
the fullest extent permissible by law. If any provision of this Agreement is unlawful,
void or unenforceable, that provision is deemed severable from this Agreement and does
not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact Conexall with
any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.