Tierzero Privacy Statement

Tierzero is committed to respecting and protecting your privacy. Tierzero provides this Privacy Statement to inform you of our Privacy Policy and practices, and of the choices you can make about the way your information is collected online and how that information is used. We’ve structured our websites so that, in general, you can visit Tierzero on the Web without identifying yourself or revealing any personal information. California Privacy Rights Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

California Privacy Rights Notice, Tierzero, 700 Wilshire Blvd., 6th Floor, Los Angeles, CA 90017

Information Collected by Tierzero Policy

It is Tierzero’s policy to collect only the personally identifiable information (information that identifies you individually) that is needed to provide the Services with the quality you desire and deserve.

Customers – If you are a customer of Tierzero, personally identifiable information may include your name, address, age, telephone numbers, account number, social security number, user IDs, passwords, email addresses, and other information as provided to Tierzero online or as a customer of Tierzero. Tierzero’s policy is to retain such information only as long as needed for business purposes or as the law may require. Tierzero takes reasonable steps to protect your account information from unauthorized access.

Website Visitors – When you access Tierzero’s website, access log information about your visit is automatically collected, including information such as the Internet Protocol (IP) addresses assigned (numbers assigned to your computer while online), bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages. Tierzero does not store emails sent and received unless left in a Tierzero account file. As explained below, Tierzero could be required by court order to disclose such information if left on its system.

Online Registrants – In visiting the Tierzero website, registration with Tierzero or participation in a contest, survey or online transaction may require certain personally identifiable information. When asking you for such information, you will be informed of how it will be used and you may elect not to participate.

Cookies – Tierzero, or a vendor that places advertising on Tierzero websites, may use “cookies” to collect information about your visit to the website and to manage information concerning your preferences. A “cookie” is a small computer code added to a file on your computer as a record of its visit. It does not collect or provide your name or any other personal information about you. It can, however, be used by the website that placed it to note information about your visit, such as your type of web browser, operating system and Internet Protocol (“IP”) address, to better tailor the site for you. It can also be used to recognize you when you log in as a registered user or as a repeat visitor returning to Tierzero’s website. This allows Tierzero to tailor its site by remembering you and any options you select. Tierzero may share non-personal information obtained from the varying kinds of cookies and web beacons (see below) with vendors, advertisers and others. You can control what cookies are accepted by your computer through the settings on your web browser or by deleting them from your files. Doing so, however, may limit the personalization available to you.

Third Party Cookies and Web Beacons – These forms of computer code are sometimes placed by advertisers or others with connection to a web page and may be read by the advertisement’s provider. They may use a form of code called a “web beacon” or “clear GIF.” These are usually contained in a transparent image on a page or in an image on an email message and serve as a way to gather information about your visit, such as your Internet Protocol Address and information or statistics about your visit. As with cookies, you can use your browser settings to control web beacons.

Advertisers and other Websites – Tierzero does not control the privacy policies of advertisers or of websites you may link to from Tierzero’s websites or by using its services. You should review their websites for questions about their Internet security and privacy.

Use and Sharing Use Policy – Tierzero considers any personally identifiable information received about you to be confidential, and it is Tierzero’s policy to use it only in providing its websites and internet services – from sales and installation, to operations, administration, advertising, marketing, support, network provision, maintenance, communications with you, billing, collection and in other ways related to its services. Tierzero may also use such information in dealing with fraud and unauthorized use of its services. Tierzero may associate personal account information with data from third parties about you or similar persons to better predict your product and service preferences for use in programming, advertising transactions and to market its services to you.

Aggregate Information – Tierzero uses aggregate information about its customers and website visitors for a variety of purposes. Such aggregate information does not identify individual customers. Tierzero may share such aggregate and related demographic information with third parties.

Retention Policy – Tierzero may retain personal customer information in its regular business records as long as someone is a customer or until no longer needed for business or legal purposes. Tierzero’s security measures for this information are discussed below.

Sharing Policy – Tierzero’s overall policy is not to disclose to others outside of Tierzero and its affiliates, vendors and business partners any personally identifiable information about its customers without their prior written or electronic consent. Tierzero does not sell or provide your personal information to parties unconnected with the services we provide without your permission.

Special Exceptions – Tierzero reserves the right to disclose personally identifiable information in its possession if Tierzero has a good faith belief that it is necessary to: (1) comply with the law or legal process served on us; (2) protect and defend its rights or property or those of others; (3) respond to fraud, abuse or unauthorized reception; (4) enforce this Policy, other policies, or related standards; or (5) act in an emergency to protect your safety or that of another. Tierzero may also share information if Tierzero sells or transfers all or a portion of the business operations, merge or combine with another organization.

Third Parties – Tierzero sometimes uses affiliates, vendors or third party partners in association with the provision of its Services and may provide personally identifiable information about users for such purposes. In providing such information, Tierzero requires that the outside party maintain at least the same level of confidentiality that is maintained by Tierzero for such information. In addition, any use by the vendor or third party may not exceed that needed to provide its Services.

Internet Communications – Unless addressed to Tierzero, email messages, instant messages, online chats, or the content of other online communications that reside on or pass through its Service are not read. Tierzero may however, retain and provide such communications if legally required to do so. Incoming and outgoing email messages are generally scanned electronically to identify and filter out likely spam and for viruses and related problems that could harm your equipment, the network or other users.

Law Enforcement Legal Requirements – As a provider of Internet communications services, Tierzero may receive legal requests for customer information from government and law enforcement personnel. Tierzero may also receive discovery requests in civil litigation. In all such cases, Tierzero’s policy is to cooperate as required by law, but to provide only such information as the law requires. This information is generally sought by subpoena served on Tierzero. Under current law, many criminal subpoenas require that Tierzero not disclose or notify you of the request. Tierzero disclaims any duty to notify you of receipt of any legal requests.

Copyright Infringement Claim Procedure – If you believe that specific content on the Tierzero network infringes upon your copyrighted materials, please provide Tierzero with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the allegedly infringing material is located on the Website, including the url’s of the particular web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use on the Website is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Tierzero’s Designated Agent for copyright claims can be contacted as follows:

Legal Department,

Tierzero, 700 Wilshire Blvd., 6th Floor, Los Angeles, CA 90017.

Please be advised that, pursuant to the Digital Millennium Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Disclaimer of Warranties – You expressly agree that Tierzero, its parents, affiliates, subsidiaries, agents, officers, employees, representatives, successors and assigns, (collectively and individually referred to as “Tierzero”) is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights, and you hereby release Tierzero for any such claims based on the activities of third parties.

THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER TIERZERO, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE, WITHOUT LIMITATIONS, WILL BE UNINTERRUPTED; RELIABLE; AVAILABLE AT ALL TIMES; ERROR FREE; FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED; OR THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. TIERZERO DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES,WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. TIERZERO DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. TO THE EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NEED ARE HEREBY EXCLUDED AND DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A TIERZERO REPRESENTATIVE SHALL CREATE A WARRANTY.

Some states or local laws do not allow the exclusion or limitation of implied warranties, so some of the above exclusions or limitations may not apply to you.

LIMITATION OF LIABILITY – YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN ANY EVENT, TIERZERO’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE TIERZERO FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. FURTHER, TIERZERO IS NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT.

Your sole and exclusive remedies under this Agreement are as expressly set forth herein. Some states or local laws do not allow the exclusion or limitation of implied warranties, so some of the above exclusions or limitations may not apply to you.

TIERZERO, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES,REPRESENTATIVES, SUCCESSORS AND ASSIGNS COLLECTIVELY AND INDIVIDUALLY, (“TIERZERO”) SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE USE OF THE SERVICE (INCLUDING E-MAIL) OR THE RELIANCE UPON THE SERVICE, EQUIPMENT FURNISHED BY TIERZERO, OR TIERZERO’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A TIERZERO INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT TIERZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Because some jurisdictions or states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability, and the liability of Tierzero’s parents, suppliers, agents, or affiliates, shall be limited to the extent permitted by law.

Indemnity – Upon a request by Tierzero, you agree to defend, indemnify, release, and hold harmless Tierzero, its parent, its affiliates, and its respective employees, contractors, officers, directors, and agents from all liabilities, claims, demand, expenses, and damages, including costs and attorney’s fees, that arise from your conduct, use or misuse of the Service. Tierzero reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Tierzero assumes no responsibility, and you assume all risks regarding the determination of whether material or content is in the public domain, or may otherwise be used by you for purposes of intellectual property infringement.

You are solely responsible and liable for all material that you upload, posts, email, transmit, or otherwise make available via the Service, including, without limitation, material that you post to any Tierzero website or the website of a Tierzero affiliate, or any third party vendor’s service (e.g., newsgroups) that is used by Tierzero. Tierzero does not claim ownership that you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the Service, you grant Tierzero a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt,distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such works.

Choice of Law and Forum – THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES.

Severability, Integration and Waiver – This Policy and any supplemental terms, policies, rules and guidelines posted on www.tierzero.com, or in any other medium, constitute the entire agreement between you and Tierzero and supersede all previous written or oral agreements. The failure of Tierzero to exercise or enforce any right or provision of the Policy shall not constitute a waiver of such right or provision. If any part of this Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination – Your right to use Tierzero’s services and networks automatically terminates if you violate this Policy or any rules or guidelines posted in connection with www.tierzero.com. Tierzero also reserves the right, in its sole discretion, to terminate your access to all or part of Tierzero’s network or services, for any reason, with or without notice!

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