Terms Of Use

These terms of use (“Terms”) are a legal agreement between you (“You”) and Resonate Networks (“Resonate″ or “We”). By accessing this Resonate Networks website (“Website”), You agree and acknowledge to be bound by these Terms. Please read the Terms carefully. If You do not agree to the Terms, then do not use the Website. The Website is not intended for use by minors, and by using the Website You represent and warrant that You are at least 18 years of age.

Changes To The Site/Updates/Terms

Resonate Networks reserves the right, at its sole discretion, to make changes to the Website and to these Terms at any time. Your access or use of the Website subsequent to such a change will signify your asset to be bound by such changes.

Privacy Policy

The information and collection practices of Resonate Networks for access and use the Website are set forth in the Resonate Networks Website Privacy Policy, available at XXXl. Please read the Website Privacy Policy carefully. By agreeing to these Terms, You are agreeing to the Website Privacy Policy.

Restrictions on Use of the Resonate Networks Website

You will not use the Website for any purpose that is unlawful or prohibited by the Terms. You are restricted from copying, sublicensing, reproducing, distributing, or disclosing the Website content or design for Your benefit or for that of any third party without the express written consent of Resonate Networks. You are not allowed to use the Website content or design to build a derivative product and or work, and shall not use the content to reverse engineer any work or product. You will not use the Website in any manner that could damage, overburden, or impair the Website, any Resonate Networks server, or networks connected to any Resonate Networks server, or interfere with any other party’s use and enjoyment of the Website. You will not attempt to gain unauthorized access to the Website or any services connected to the Website. Resonate Networks and its affiliates reserve the right to refuse You access or use of the Website or terminate Your accounts in its discretion, including, without limitation, if Resonate Networks believes that Your conduct violates applicable law or is harmful to the interests of Resonate Networks and its affiliates.

Third-Party Websites

The Website may contain links to third-party websites, products and resources. You acknowledge and agree that Resonate Networks is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

Disclaimer

THIS WEBSITE IS PROVIDED BY RESONATE NETWORKS ON AN “AS IS” BASIS. RESONATE NETWORKS AND ITS LICENSORS, SUPPLIERS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RESONATE NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RESONATE NETWORKS FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation On Liability

YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL RESONATE NETWORKS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE WEBSITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT RESONATE NETWORKS HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS WEBSITE OR WITH RESONATE NETWORKS SHALL BE TO TERMINATE USE OF THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Copyright

All content available on this Website, including all text, logos, and graphics is the property of Resonate Networks and/or third parties and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Resonate Networks, Inc. and protected by U.S. and international copyright laws. Resonate Networks reserves the right to remove all content, from whatever source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content), or for no reason at all.

Copyright Notice

Copyright © 2011 Resonate Networks, Inc. All Rights Reserved.

Trademarks

Resonate Networks&™, Resonate Networks.com and other Resonate Networks graphics, logos, and service names are trademarks of Resonate Networks, Inc. The Resonate Networks trademarks may not be used in connection with any product or service that is not a Resonate Networks product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Resonate Networks.

Copyright Complaints

Resonate Networks and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify the Resonate Networks Copyright Agent at:

Resonate Networks, Inc.
112010 Sunset Hills Rd.
Reston, VA 20190

Attn: David Wheatley
Tel: 571-266-3225
Fax: 646-381-0645
Email: david.wheatley@resonatenetworks.com

Upon receipt of notice as described above, Resonate Networks will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Resonate Networks Website.

General

These Terms are governed by the internal laws of the State of Virginia, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts sitting in the county of Fairfax, Virginia to resolve any disputes arising under the Terms. If You provide any feedback or suggestions to Resonate Networks, You hereby grant Resonate Networks a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into Website or the Resonate Networks services. These Terms contain the complete agreement between You and Resonate Networks with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of Resonate Networks to exercise any of its rights under the Terms or upon any breach of the Terms will not be deemed a waiver of those rights or of the breach. If any provision of the Terms are held by a court to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms will remain in full force and effect. Resonate Networks may update the Terms by providing notice on the Website.