This web site, www.proximity.com (the "Site"), is owned and operated by ACT Teleconferencing, Inc. ("ACT Teleconferencing").

The terms "ACT Teleconferencing", "we", "us", "our" and "ours" when used in these Terms and Conditions means ACT Teleconferencing which includes subsidiaries, divisions, branches, affiliates or companies under common ownership or control of ACT Teleconferencing.

The terms "you", "your" and yours when used in these Terms and Conditions means any user of this Site.

Agreement

Please feel free to browse this Site; however, your access to, and use of, this Site and the information, materials, products and services available through this Site are subject to the following terms and conditions of use ("Terms and Conditions") and all applicable laws.

By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions which form a legally binding agreement. If you do not agree, please exit this Site. If you are using this Site on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer's behalf.

This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors.

These Terms and Conditions may be changed by ACT Teleconferencing from time to time in its sole discretion without specific notice to you. The latest Terms and Conditions will be posted on this legal page ("Legal Page"), and you should always review these Terms and Conditions prior to using the Site to ensure you have a current understanding of the Terms and Conditions under which you are permitted to access this Site. If you cannot access the Terms and Conditions via the Internet, we can provide a copy of the most recent Terms and Conditions by email upon request.

These Terms and Conditions were last revised on: January 5, 2006.

Use of Materials

This Site is intended for the use of persons seeking information and resources on ACT Teleconferencing services. The Materials (as defined below) contained on this Site may only be used in association with ACT Teleconferencing services and is prohibited, where such access or use violates applicable laws or regulations. Access to certain parts of this Site may be made conditional on your acceptance of additional terms and conditions specific to the transaction you wish to complete. Any such additional terms and conditions are in addition to, and are incorporated by reference into, these Terms and Conditions.

Product & Services Information

All references on this website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this website constitutes an offer to buy or sell our products or services in any jurisdiction. This website is for information purposes only. ACT Teleconferencing shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.

Ownership

This Site and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site contains material which is protected by international copyright and trademark laws and are the property of ACT Teleconferencing or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED. No material (including, but not limited to, the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled.

Notwithstanding the foregoing, and unless otherwise specified on the Site with respect to particular materials, you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep completely intact and unmodified all copyright and other proprietary notices. This permission terminates automatically if you breach any of these Terms and Conditions. Modification or use of the Materials for any other purpose is a violation of ACT Teleconferencing's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment is prohibited without ACT Teleconferencing's express written consent.

ACT Teleconferencing's services and any software used in connection with the services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in any third-party advertisements or information presented to you through the products or any advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by ACT Teleconferencing or any advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services or the software, in whole or in part.

Trademarks

ClarionCall and ReadyConnect are registered trademarks of ACT Teleconferencing.

ACT Teleconferencing's name and logos and related product and service names, design marks and slogans are the trademarks or service marks of ACT Teleconferencing and its subsidiaries. You are not authorized to use any ACT Teleconferencing name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of ACT Teleconferencing. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. ACT Teleconferencing reserves all legal rights and remedies available to it.

Limitation of Liability and Disclaimer of Warranty

THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. YOUR USE AND BROWSING OF THIS SITE ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE. ACT TELECONFERENCING ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, RELEVANCE OR USEFULNESS OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. ACT TELECONFERENCING ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE. ACT TELECONFERENCING, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR COMPANY AND ACT TELECONFERENCING, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY PART OF IT; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE; AND (E) WARRANTIES RELATING TO WEB SITES TO WHICH THIS SITE IS LINKED. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked. ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. NEITHER ACT TELECONFERENCING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES FLOWING, DIRECTLY OR INDIRECTLY, THEREFROM. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ACT TELECONFERENCING HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ACT TELECONFERENCING AND ITS REPRESENTATIVES FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL FEES YOU HAVE PAID TO ACT TELECONFERENCING FOR USE OF THIS SITE OR $10.00, WHICHEVER IS GREATER. ACT TELECONFERENCING AND ITS REPRESENTATIVES' LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF ACT TELECONFERENCING AND ITS REPRESENTATIVES' PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THIS SECTION WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Links to Third Party Materials

ACT Teleconferencing may provide links ("Links") from the Site to Internet sites maintained by third parties. All Links found on the Site are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of ACT Teleconferencing and the owners of such Links are not affiliated with ACT Teleconferencing and do not sponsor or endorse ACT Teleconferencing's Site.

ACT Teleconferencing has neither tested nor verified the content, accuracy, or opinions expressed on any Links on the Site and disclaims any warranty or liability for damages associated therewith, directly or indirectly as a result of your use or reliance on such Links including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links to third-party sites.

If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Links from other websites

Any link to this Site without our written permission is prohibited. Notwithstanding authorization to link to this Site, linking to any page other than the home page is prohibited. Persons providing access to this Site via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning ACT Teleconferencing.

Authorization by us to link to this Site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Site at any time and for any reason.

Anyone providing access to, or information relating to this Site, whether by link or otherwise, is responsible for bringing these Terms and Conditions to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

Privacy Policy

By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy. ACT Teleconferencing's privacy policy may be viewed at Privacy Policy (the "Privacy Policy"). The Privacy Policy is referenced by, incorporated into and subject to these Terms and Conditions.

Indemnification and Release

You agree to indemnify, release and to hold ACT Teleconferencing harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand including reasonable attorney's fees and costs related to your violation of these Terms and Conditions or your access or use of this Site or any of the information, materials, products or services available through this Site.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

Entire Understanding

These Terms and Conditions contain the entire understanding between you and us with respect to this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

Waiver

ACT Teleconferencing's failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by ACT Teleconferencing of any breach of any provision of these Terms and Conditions or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.

Law and Jurisdiction

The Site is controlled by ACT Teleconferencing. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You agree that the substantive laws of the State of Colorado shall govern any controversy or claim or whatever nature arising out of or relating to the use of this Site, without regard to any conflict of laws provisions. All actions or proceedings arising out of or relating to these Terms and Conditions, their validity, performance, enforcement or breach, or the subject matter of these Terms and Conditions may only be venued in Jefferson County, Colorado or in the U.S. District Court for the District of Colorado in Denver, Colorado and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes. The foregoing notwithstanding, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.

Security

The Internet is not a secure medium and privacy during transmission cannot be guaranteed. Internet e-mail and web sites are vulnerable to interception, forging and unauthorized access. Information sent or received over the Internet is generally not secure and ACT Teleconferencing cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal, financial or other information. ACT Teleconferencing will not be responsible for any damages you may suffer as a result of or in connection with the transmission of any information from or to this Site. Should you decide to transmit information using the Site, you do so at your own risk.

General

Contact Information

For inquiries, please contact us at webmaster@acttel.com.

© 1995-2006 ACT Teleconferencing, Inc. All rights reserved.