TERMS OF USE

NETIT CUSTOMER TERMS OF SERVICE PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to NETIT! Your access and use of the NETIT website located at www.netit.net (the “Site”) and features and services provided by NETIT (“NETIT”, “we”, “us” or “our”) through the Site (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and NETIT and are sometimes referred to herein as the “Agreement”.

A “Customer” will use the Service in order to learn about the Platform. The Customer understands the representative of NETIT (“Agent”) will perform these on-demand technical support services (a “Booking”). Customers and any other users of the Service are collectively referred to herein as “Users”. The Services and the Site are collectively referred to as the “Platform”. Please note that the Platform is operated in the United States and is not available to, and should not be accessed and used by, those residing outside the U.S.

By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Platform, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further agree to receive all communications, agreements, and notices that we provide in connection with the Platform electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You must agree to these Terms in order to use the Platform, and if you do not accept these Terms then you may not use any aspect of the Platform.

These Terms contain important language governing your use of the Platform. They address, among other things, information about how we provide the Platform and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).

1. Updates NETIT may update these Terms at any time in its sole discretion, and NETIT will post the updated version of these Terms on the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Platform after the updated Terms are posted. If at any point you do not agree to any portion of these Terms, you must immediately stop using the Platform. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

2. Provision of the Platform You are responsible for any Internet connection, data usage, and telecommunications fees and charges that you incur when accessing the Platform. You acknowledge and agree that NETIT may make changes to any aspect of the Platform at any time without notifying you in advance.

3. Termination of the Platform NETIT reserves the right to deny use of the Platform to any person or entity at NETIT’s sole and absolute discretion. You acknowledge and agree that NETIT may stop providing any aspect of the Platform or restrict your use of the Platform at any time, without notifying you in advance, for any reason or no reason.

4. Restrictions and Conditions of Use

4.1. Use Restrictions. NETIT permits you to view and use the Platform solely for your own personal or limited commercial use, as applicable, in either case not inconsistent with the intended purpose of the Platform. Furthermore, you agree that you will not:

(a) cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform;

(b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Platform, including, without limitation, through sublicense, to any other person or entity without the prior written consent of NETIT;

(c) make any false, misleading or deceptive statement or representation regarding NETIT or the Platform;

(d) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform (or any servers, systems or networks connected to the Platform) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Platform or any other person’s or entity’s use of the Platform (or any servers, systems or networks connected to the Platform);

(e) attempt to gain unauthorized access to the Platform or any servers, systems, or networks connected to the Platform;

(f) use the Platform for any commercial purpose unless consistent with these Terms and the intended use of the Platform;

(g) use the Platform to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;

(h) use the Platform to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;

(i) breach any agreements you enter into with any third parties;

(j) use the Platform for any unlawful, prohibited, abnormal or unusual activity as determined by NETIT in its sole discretion;

(k) use the Platform to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;

(l) improperly obtain or attempt to improperly obtain any information or data from the Platform including, without limitation, email addresses or mobile phone numbers of other Users;

(m) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform, whether through the use of a network analyzer, packet sniffer or other device; or

(n) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Platform.

5. Links

5.1. Links from the Platform. The Platform may contain links to websites operated by independent third parties. NETIT provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of NETIT and NETIT is not responsible for the content available on the other websites or services. Such links do not imply NETIT’s endorsement of information or material on any other website and NETIT disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.

5.2. Links to the Platform. Unless otherwise set forth in a written agreement between you and NETIT, you must adhere to NETIT’s linking policy as follows: (a) the appearance, position, and other aspects of any link to the App or the Site may not be such as to damage or dilute the goodwill associated with NETIT’s or its licensors’ names and trademarks; (b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with NETIT; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. NETIT reserves the right to revoke its consent to the link at any time and in its sole discretion (including any link on any social media networking platform). Furthermore, NETIT reserves the right to revoke or modify any link (including any vanity link) to the Platform or otherwise related to your Account (including any link on any social media networking platform).

6. NETIT Intellectual Property

6.1. Trademarks. The NETIT name and logo are trademarks and service marks of NETIT. Unless permitted in a separate written agreement with NETIT, you do not have the right to use any of NETIT’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

6.2. Ownership. You acknowledge and agree that NETIT, or its licensors, owns all rights, titles, and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by United States and international copyright laws. Further, you acknowledge that the Platform may contain information that NETIT has designated as confidential and you agree not to disclose such information without NETIT’s prior written consent.

6.3. Feedback. You may choose to, or NETIT may invite you to, submit comments, bug reports, ideas or other feedback about the Platform or any modifications, features or improvements thereto (“Feedback”). You agree that NETIT shall own any and all Feedback and NETIT shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to NETIT all right, title and interest that you may acquire in and to any Feedback.

6.4. Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify NETIT at 1-877-NETIT-US.

Such notice must contain the following information:

• your address, telephone number, and email address;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the alleged infringing material is located;

• a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7. Privacy Policy By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. NETIT may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then-current versions of these Terms and Privacy Policy, which will be posted on the Site.

8. Location The Platform is operated by NETIT in the United States. In order for us to provide our Platform, you agree that we may transfer, use, and store information about you in the United States. If you choose to access the Platform from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws. 

9. Utilizing Your Computer or Other Device. Some of the benefits of the Platform require the Platform to access information on your computer or other applicable device. You hereby grant permission for the Platform to monitor your computer or other applicable device (including, but not limited to, your device’s memory) and to communicate information, including, without limitation, your Account information, to NETIT’s servers for the purposes of analyzing your device’s performance during use of the Platform. Additionally, the Platform will utilize the processor, bandwidth and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Platform.

10. NO ENDORSEMENT; LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

10.1. Although NETIT displays information about Agents and Users and may collect payments of Fees for Agents, such actions do not in any way constitute NETIT’s sponsorship or approval of any Agent. NETIT does not endorse or recommend any Agent, and you agree that NETIT is not responsible for the accuracy or completeness of information displayed through the Platform with respect to the Agents.

10.2. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT, (A) THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (C) NETIT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY MATERIALS, INFORMATION, OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM, AND (D) NETIT DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (IV) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED; OR (V) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.3. CUSTOMER IS RESPONSIBLE FOR (A) OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS, IF ANY, THAT MAY BE REQUIRED TO BE OBTAINED FOR THE REPESECTIVE SERVICES TO BE PERFORMED, AND (B) CONFIRMING THAT ANY AGENT PERFORMING SERVICES FOR SUCH CUSTOMER POSSESSES ALL REQUISITE PERMITS AND TRADE LICENSES THAT MAY BE REQUIRED FOR THE PERFORMANCE OF SUCH SERVICES. NETIT ASSUMES NO RESPONSIBILITY FOR A CUSTOMER’S FAILURE TO OBTAIN OR CONFIRM SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE ENCOURAGE YOU TO CONFIRM ANY SUCH REQUIREMENTS AND TO ASK TO SEE A COPY OF ANY LICENSES IF APPLICABLE.

10.4. NEITHER NETIT NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “NETIT PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE NETIT PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH NETIT OR THE PLATFORM.

10.5. NETIT ONLY ENABLES CONNECTIONS BETWEEN USERS AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HAVE CONTROL OVER THE QUALITY , TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF AGREEMENTS BETWEEN USERS, AGENTS, CUSTOMERS, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS, OR OF ANY RATINGS PROVIDED BY USERS WITH RESPECT TO EACH OTHER. NETIT DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY AGENT(S), CUSTOMER(S) OR OTHER USER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY AGENT(S) ARE MADE SOLELY AT THE DISCRETION OF THE AGENT AND NETIT HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE AGENT(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT NETIT SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE AGENT TO YOU AS A RESULT OF YOUR USE OF THE PLATFORM.

11. LIMITATION ON LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETIT AND THE OTHER NETIT PARTIES SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF NETIT OR THE OTHER NETIT PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF NETIT OR ANY OF THE OTHER NETIT PARTIES EXCEED, IN THE AGGREGATE, THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE FEES ACTUALLY PAID BY CUSTOMER FOR THE SERVICES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

12. Indemnification You agree to defend, indemnify, and hold NETIT and the other NETIT Parties harmless from and against any and all claims, demands, liabilities, damages, and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of these Terms or any other policies that NETIT may issue for the Platform from time to time. You further agree to cooperate as required by NETIT in the defense of any claim. NETIT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of NETIT.

13. Governing Law; Jurisdiction

These Terms are governed by Texas law, without regard to conflict of laws and principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and NETIT agree that, except as otherwise provided in Section 14 below, the state and federal courts located in Harris County, Texas will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Platform and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, NETIT shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

14. Binding Arbitration

14.1. Arbitration Procedures. You and NETIT agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to these Terms or the Platform (each a “Claim”) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 14 and the JAMS Rules, the terms in this Section 14 will control and prevail. Except as otherwise set forth in Section 14.4, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and NETIT will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and NETIT may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

14.2. Location. The arbitration will take place in Harris County, Texas, unless the parties agree to video, phone, or internet connection appearances.

14.3. LIMITATIONS. YOU AND NETIT AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN NETIT AND YOU INDIVIDUALLY. YOU AND NETIT AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

14.4. Exceptions to Arbitration. You and NETIT agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of NETIT’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

14.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

14.6. Severability. You and NETIT agree that if any portion of this Section 14 is found illegal or unenforceable (except any portion of Section 14.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 14.4 is found to be illegal or unenforceable then neither you nor NETIT will elect to arbitrate any Claim falling within that portion of Section 14.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Harris County, Texas, United States of America, and you and NETIT agree to submit to the personal jurisdiction of that court.

15. General

15.1. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NETIT as a result of these Terms or your use of the Platform.

15.2. Assignment. NETIT may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without NETIT’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

15.3. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

15.4. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 14.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

15.5. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by NETIT of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

15.6. Notices All notices given by you or required under these Terms shall be in writing and sent to hr@netit.net.

15.7. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Platform, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

15.8. Equitable Remedies. You acknowledge and agree that NETIT would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

15.9. Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and NETIT with respect to the Platform and supersede any and all prior agreements between you and NETIT relating to the Platform.

NETIT CUSTOMER TERMS OF SERVICE PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to NETIT! Your access and use of the NETIT website located at www.netit.net (the “Site”) and features and services provided by NETIT (“NETIT”, “we”, “us” or “our”) through the Site (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and NETIT and are sometimes referred to herein as the “Agreement”.

A “Customer” will use the Service in order to learn about the Platform. The Customer understands the representative of NETIT (“Agent”) will perform these on-demand technical support services (a “Booking”). Customers and any other users of the Service are collectively referred to herein as “Users”. The Services and the Site are collectively referred to as the “Platform”. Please note that the Platform is operated in the United States and is not available to, and should not be accessed and used by, those residing outside the U.S.

By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Platform, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further agree to receive all communications, agreements, and notices that we provide in connection with the Platform electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You must agree to these Terms in order to use the Platform, and if you do not accept these Terms then you may not use any aspect of the Platform.

These Terms contain important language governing your use of the Platform. They address, among other things, information about how we provide the Platform and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).

1. Updates NETIT may update these Terms at any time in its sole discretion, and NETIT will post the updated version of these Terms on the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Platform after the updated Terms are posted. If at any point you do not agree to any portion of these Terms, you must immediately stop using the Platform. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

2. Provision of the Platform You are responsible for any Internet connection, data usage, and telecommunications fees and charges that you incur when accessing the Platform. You acknowledge and agree that NETIT may make changes to any aspect of the Platform at any time without notifying you in advance.

3. Termination of the Platform NETIT reserves the right to deny use of the Platform to any person or entity at NETIT’s sole and absolute discretion. You acknowledge and agree that NETIT may stop providing any aspect of the Platform or restrict your use of the Platform at any time, without notifying you in advance, for any reason or no reason.

4. Restrictions and Conditions of Use

4.1. Use Restrictions. NETIT permits you to view and use the Platform solely for your own personal or limited commercial use, as applicable, in either case not inconsistent with the intended purpose of the Platform. Furthermore, you agree that you will not:

(a) cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform;

(b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Platform, including, without limitation, through sublicense, to any other person or entity without the prior written consent of NETIT;

(c) make any false, misleading or deceptive statement or representation regarding NETIT or the Platform;

(d) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform (or any servers, systems or networks connected to the Platform) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Platform or any other person’s or entity’s use of the Platform (or any servers, systems or networks connected to the Platform);

(e) attempt to gain unauthorized access to the Platform or any servers, systems, or networks connected to the Platform;

(f) use the Platform for any commercial purpose unless consistent with these Terms and the intended use of the Platform;

(g) use the Platform to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;

(h) use the Platform to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;

(i) breach any agreements you enter into with any third parties;

(j) use the Platform for any unlawful, prohibited, abnormal or unusual activity as determined by NETIT in its sole discretion;

(k) use the Platform to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;

(l) improperly obtain or attempt to improperly obtain any information or data from the Platform including, without limitation, email addresses or mobile phone numbers of other Users;

(m) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform, whether through the use of a network analyzer, packet sniffer or other device; or

(n) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Platform.

5. Links

5.1. Links from the Platform. The Platform may contain links to websites operated by independent third parties. NETIT provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of NETIT and NETIT is not responsible for the content available on the other websites or services. Such links do not imply NETIT’s endorsement of information or material on any other website and NETIT disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.

5.2. Links to the Platform. Unless otherwise set forth in a written agreement between you and NETIT, you must adhere to NETIT’s linking policy as follows: (a) the appearance, position, and other aspects of any link to the App or the Site may not be such as to damage or dilute the goodwill associated with NETIT’s or its licensors’ names and trademarks; (b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with NETIT; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. NETIT reserves the right to revoke its consent to the link at any time and in its sole discretion (including any link on any social media networking platform). Furthermore, NETIT reserves the right to revoke or modify any link (including any vanity link) to the Platform or otherwise related to your Account (including any link on any social media networking platform).

6. NETIT Intellectual Property

6.1. Trademarks. The NETIT name and logo are trademarks and service marks of NETIT. Unless permitted in a separate written agreement with NETIT, you do not have the right to use any of NETIT’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

6.2. Ownership. You acknowledge and agree that NETIT, or its licensors, owns all rights, titles, and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by United States and international copyright laws. Further, you acknowledge that the Platform may contain information that NETIT has designated as confidential and you agree not to disclose such information without NETIT’s prior written consent.

6.3. Feedback. You may choose to, or NETIT may invite you to, submit comments, bug reports, ideas or other feedback about the Platform or any modifications, features or improvements thereto (“Feedback”). You agree that NETIT shall own any and all Feedback and NETIT shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to NETIT all right, title and interest that you may acquire in and to any Feedback.

6.4. Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify NETIT at 1-877-NETIT-US.

Such notice must contain the following information:

• your address, telephone number, and email address;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the alleged infringing material is located;

• a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7. Privacy Policy By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. NETIT may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then-current versions of these Terms and Privacy Policy, which will be posted on the Site.

8. Location The Platform is operated by NETIT in the United States. In order for us to provide our Platform, you agree that we may transfer, use, and store information about you in the United States. If you choose to access the Platform from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws. 

9. Utilizing Your Computer or Other Device. Some of the benefits of the Platform require the Platform to access information on your computer or other applicable device. You hereby grant permission for the Platform to monitor your computer or other applicable device (including, but not limited to, your device’s memory) and to communicate information, including, without limitation, your Account information, to NETIT’s servers for the purposes of analyzing your device’s performance during use of the Platform. Additionally, the Platform will utilize the processor, bandwidth and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Platform.

10. NO ENDORSEMENT; LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

10.1. Although NETIT displays information about Agents and Users and may collect payments of Fees for Agents, such actions do not in any way constitute NETIT’s sponsorship or approval of any Agent. NETIT does not endorse or recommend any Agent, and you agree that NETIT is not responsible for the accuracy or completeness of information displayed through the Platform with respect to the Agents.

10.2. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT, (A) THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (C) NETIT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY MATERIALS, INFORMATION, OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM, AND (D) NETIT DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (IV) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED; OR (V) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.3. CUSTOMER IS RESPONSIBLE FOR (A) OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS, IF ANY, THAT MAY BE REQUIRED TO BE OBTAINED FOR THE REPESECTIVE SERVICES TO BE PERFORMED, AND (B) CONFIRMING THAT ANY AGENT PERFORMING SERVICES FOR SUCH CUSTOMER POSSESSES ALL REQUISITE PERMITS AND TRADE LICENSES THAT MAY BE REQUIRED FOR THE PERFORMANCE OF SUCH SERVICES. NETIT ASSUMES NO RESPONSIBILITY FOR A CUSTOMER’S FAILURE TO OBTAIN OR CONFIRM SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE ENCOURAGE YOU TO CONFIRM ANY SUCH REQUIREMENTS AND TO ASK TO SEE A COPY OF ANY LICENSES IF APPLICABLE.

10.4. NEITHER NETIT NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “NETIT PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE NETIT PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH NETIT OR THE PLATFORM.

10.5. NETIT ONLY ENABLES CONNECTIONS BETWEEN USERS AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HAVE CONTROL OVER THE QUALITY , TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF AGREEMENTS BETWEEN USERS, AGENTS, CUSTOMERS, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS, OR OF ANY RATINGS PROVIDED BY USERS WITH RESPECT TO EACH OTHER. NETIT DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY AGENT(S), CUSTOMER(S) OR OTHER USER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY AGENT(S) ARE MADE SOLELY AT THE DISCRETION OF THE AGENT AND NETIT HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE AGENT(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT NETIT SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE AGENT TO YOU AS A RESULT OF YOUR USE OF THE PLATFORM.

11. LIMITATION ON LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETIT AND THE OTHER NETIT PARTIES SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF NETIT OR THE OTHER NETIT PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF NETIT OR ANY OF THE OTHER NETIT PARTIES EXCEED, IN THE AGGREGATE, THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE FEES ACTUALLY PAID BY CUSTOMER FOR THE SERVICES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

12. Indemnification You agree to defend, indemnify, and hold NETIT and the other NETIT Parties harmless from and against any and all claims, demands, liabilities, damages, and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of these Terms or any other policies that NETIT may issue for the Platform from time to time. You further agree to cooperate as required by NETIT in the defense of any claim. NETIT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of NETIT.

13. Governing Law; Jurisdiction

These Terms are governed by Texas law, without regard to conflict of laws and principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and NETIT agree that, except as otherwise provided in Section 14 below, the state and federal courts located in Harris County, Texas will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Platform and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, NETIT shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

14. Binding Arbitration

14.1. Arbitration Procedures. You and NETIT agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to these Terms or the Platform (each a “Claim”) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 14 and the JAMS Rules, the terms in this Section 14 will control and prevail. Except as otherwise set forth in Section 14.4, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and NETIT will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and NETIT may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

14.2. Location. The arbitration will take place in Harris County, Texas, unless the parties agree to video, phone, or internet connection appearances.

14.3. LIMITATIONS. YOU AND NETIT AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN NETIT AND YOU INDIVIDUALLY. YOU AND NETIT AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

14.4. Exceptions to Arbitration. You and NETIT agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of NETIT’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

14.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

14.6. Severability. You and NETIT agree that if any portion of this Section 14 is found illegal or unenforceable (except any portion of Section 14.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 14.4 is found to be illegal or unenforceable then neither you nor NETIT will elect to arbitrate any Claim falling within that portion of Section 14.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Harris County, Texas, United States of America, and you and NETIT agree to submit to the personal jurisdiction of that court.

15. General

15.1. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NETIT as a result of these Terms or your use of the Platform.

15.2. Assignment. NETIT may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without NETIT’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

15.3. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

15.4. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 14.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

15.5. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by NETIT of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

15.6. Notices All notices given by you or required under these Terms shall be in writing and sent to hr@netit.net.

15.7. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Platform, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

15.8. Equitable Remedies. You acknowledge and agree that NETIT would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

15.9. Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and NETIT with respect to the Platform and supersede any and all prior agreements between you and NETIT relating to the Platform.

Privacy Policy

By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. NETIT may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then-current versions of these Terms and Privacy Policy, which will be posted on the Site.

General

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NETIT as a result of these Terms or your use of the Platform.

Assignment. NETIT may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without NETIT’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.

Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 14.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by NETIT of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

Notices All notices given by you or required under these Terms shall be in writing and sent to hr@netit.net.

Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Platform, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

Equitable Remedies. You acknowledge and agree that NETIT would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and NETIT with respect to the Platform and supersede any and all prior agreements between you and NETIT relating to the Platform.

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