Cayuga Networks

Terms & Conditions

TERMS OF USE

Effective Date: October 11, 2016

These Terms of Use (“TOU”) are a binding contract between you, an individual user (“you”) and Cayuga Networks Inc. (“Cayuga,” “we,” “us” or “our”) governing your use of the website located at www.cayuganetworks.com/ (“Site”). BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TOU. IF YOU DO NOT AGREE TO THESE TOU, THEN YOU MUST NOT ACCESS OR USE THE SITE.

Material Terms: As provided in greater detail in these TOU (and without limiting the express language of these TOU), you acknowledge the following:

• the use of the Site may be subject to separate third party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility;

• you consent to the collection, use, and disclosure of your information in accordance with the Cayuga Privacy Policy www.cayuganetwowrks.com/toc.html (“Privacy Policy”);

• the Site is provided “as is” without warranties of any kind and Cayuga’s liability to you is limited; and

• we will resolve disputes arising under these TOU through binding arbitration. By accepting these TOU, as provided in greater detail in Section 8 of these TOU, you and Cayuga are each waiving the right to a trial by jury or to participate in a class action.

1. General Terms and Conditions.

a. Consideration and Description. Cayuga provides you with free access to the Site so you can learn about and purchase Cayuga products and services. The availability of any products or services may change without notice and Cayuga may change its prices at any time in its discretion. Any additional terms that apply to the purchase of any products or services on the Site will be provided to you separately during the order and checkout process (“Other Terms”). If there is any conflict or inconsistency between these TOU and the Other Terms, then the Other Terms will control to the extent of the conflict or inconsistency.

b. Changes to these TOU. You understand and agree that Cayuga may change these TOU at any time without prior notice. Cayuga will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of these TOU at any time by selecting the appropriate link on the Site. The revised TOU will become effective at the time of posting on the Site, and your use of the Site after such time will constitute your acceptance of the revised TOU. If any change to these TOU is not acceptable to you, then your sole remedy is to stop using the Site. Notwithstanding the preceding sentences of this Section 1.b, no revisions to these TOU will apply to any dispute between you and Cayuga that arose prior to the effective date of those revisions.

c. Privacy Policy. Your use of the Site is also subject to Cayuga’s Privacy Policy, which is incorporated into these TOU by reference.

d. Jurisdictional Issues. The Site is controlled and operated by Cayuga from its offices in the State of New York. Cayuga makes no representation that materials on the Site are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

e. Eligibility. THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY CAYUGA. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Site, you affirm that either you are at least 18 years of age or have been authorized to use the Site by your parent or legal guardian who is at least 18 years of age. If you are using the Site on behalf of an entity, organization, or company, then you represent and warrant that you have the authority to bind that organization to these TOU and you agree to be bound by these TOU on behalf of that organization.

f. Mobile Services. The Site will be accessible via a mobile phone, tablet, or other wireless mobile device (collectively, “Mobile Services”). Your Carrier’s normal data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your Carrier. Therefore, you are solely responsible for checking with your Carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of Mobile Services must be in accordance with these TOU.

2. Intellectual Property Rights.

a. License. Subject to your complete and ongoing compliance with these TOU, Cayuga hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Site solely in strict compliance with the provisions of these TOU.

b. Content. The content that Cayuga provides to you on the Site, including, without limitation, any text, graphics, software, interactive features, information or other materials, is protected by copyright or other intellectual property rights and owned by Cayuga or its licensors (collectively, the “Cayuga Content”). Moreover, Cayuga or its licensors own all design rights, database and compilation rights and other intellectual property rights in and to the Site, in each case whether registered or unregistered, and any related goodwill.

c. Marks. The Cayuga trademarks, service marks, and logos (collectively, the “Cayuga Trademarks”) used and displayed on the Site are Cayuga’s registered and/or unregistered trademarks or service marks. Any other product and service names located on the Site may be trademarks or service marks owned by third parties (collectively with the Cayuga Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Cayuga or the applicable third party, Cayuga’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without Cayuga’s prior express written consent. All goodwill generated from the use of any Cayuga Trademark will inure solely to Cayuga’s benefit.

d. Restrictions. Cayuga hereby reserves all rights not expressly granted to you in this Section 2. Accordingly, nothing in these TOU or on the Site will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Site or any Cayuga Content or Trademarks located or displayed on or within the Site.

3. User Content.

a. Definition. “User Content” means any content that you post, submit or otherwise transmit (collectively, “Post”) to the Site, including, without limitation, text or blog comments and/or any other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any Feedback (defined below).

b. Your Rights to User Content. You retain copyright and any other proprietary rights that you may hold in any User Content that you Post to the Site subject to the rights that you grant in these TOU.

c. License to Cayuga. If you Post User Content to the Site, then you hereby grant to Cayuga a worldwide, non-exclusive, transferable, and royalty-free right and license to host, store, transmit, reproduce, distribute, create derivative works from, publicly perform and display and otherwise use and exploit your User Content, in any media now known or later created, to provide, improve, advertise, promote and market the Site and Cayuga’s business.

d. Representations and Warranties. You are solely responsible for your User Content and the consequences of Posting User Content on the Site. By Posting User Content on the Site, you affirm, represent, and warrant that: (i) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use, and to authorize Cayuga to use, your User Content as necessary to exercise the licenses granted by you in this Section; and (ii) your User Content, and the use of your User Content as contemplated by these TOU, does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) cause Cayuga to violate any law or regulation.

e. Disclaimer. We are under no obligation to edit or control User Content that you or other users Post on the Site, and will not be in any way responsible or liable for User Content. Cayuga may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this EULA or is otherwise objectionable, such as, without limitation, User Content that Caygua determines is or could be interpreted to be infringing, defamatory or otherwise unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promoting discrimination, bigotry or racism (collectively, “Objectionable Content”). You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Cayuga with respect to User Content. We expressly disclaim any and all liability in connection with User Content.

4. Digital Millennium Copyright Act

a. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material Posted on the Site, then you may contact our Designated Agent at the following address:

• Address: 317 N. Aurora Street, Ithaca, NY 14850

• Designated Agent: Anastasia St. John

• Email: copyright@cayuganetworks.com

Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information (each, a “Notification of Claimed Infringement”):

i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

ii. a description of the copyright-protected work or other intellectual property right that you claim has been infringed; iii. a description of the material that you claim is infringing and where it is located on the Site;

iv. your address, telephone number, and email address;

v. a statement by you that you have a good faith belief that the use of those materials on the Site is not authorized by the copyright owner, its agent, or the law; and

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

b. Counter Notification. If you receive a notification from Cayuga that material you Posted on the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Cayuga with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Cayuga’s Designated Agent through one of the methods identified in Section 4.a above and include substantially the following information:

i. a physical or electronic signature of the user;

ii. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

iii. a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

iv. the user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which Cayuga may be found, and that user will accept service of process from the person who provided notification in accordance with Section 4.a above or an agent of such person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

c. General Policy and Repeat Infringers. Cayuga’s intellectual property policy is to (i) remove or disable access to material that Cayuga believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on the Site; and (ii) remove any User Content uploaded to the Site by “repeat infringers.” Cayuga considers a “repeat infringer” to be any user that has uploaded User Content to the Site and for whom Cayuga has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content.

5. Restrictions on Use of the Site.

a. Without limiting any other terms of these TOU, when using the Site, you agree not to (and not to attempt to):

i. decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Site;

ii. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or any activity conducted on the Site;

iii. delete or alter any material Cayuga makes available on the Site;

iv. frame or link to any of the materials or information available on the Site;

v. use or exploit any Trademarks or Cayuga Content in any manner that is not expressly authorized by these TOU;

vi. access, tamper with, or use non-public areas of the Site, Cayuga’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of

Cayuga’s providers;

vii. provide any false personal information to Cayuga;

viii. create a false identity or impersonate another person or entity in any way;

ix. restrict, discourage, or inhibit any person from using the Site;

x. use the Site, without Cayuga’s prior express written consent, for any commercial or unauthorized purpose;

xi. gain unauthorized access to the Site or personally identifiable information, or to other computers or websites connected or linked to the Site;

xii. Post any Objectionable Content;

xiii. post any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Site or communications equipment and computers connected to the Site;

xiv. violate any federal, state, or local laws or regulations or the terms of these TOU; or

xv. assist or permit any person in engaging in any of the activities described above.

6. External Sites. The Site may contain links to other websites or other online properties that are not owned or controlled by Cayuga (collectively, “External Sites”). The content of External Sites is not developed or provided by Cayuga. Cayuga is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on External Sites. You should contact the site administrator or Webmaster for External Sites if you have any concerns regarding content located on those External Sites. You should take precautions when downloading files from all websites to protect your devices from viruses and other destructive programs. If you decide to access any External Sites, then you do so at your own risk. Further, you will be solely responsible for compliance with any terms of service or similar terms imposed by any External Site in connection with your use of External Sites.

7. Feedback. While our own staff works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Cayuga or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Cayuga, you agree that:

a. Cayuga has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

b. Feedback is provided on a non-confidential basis, and Cayuga is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

c. You irrevocably grant Cayuga perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge, and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

8. Dispute Resolution.

a. General. In the interest of resolving disputes between you and Cayuga in the most expedient and cost effective manner, you and Cayuga agree that any dispute arising out of or in any way related to these TOU or your use of the Site will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these TOU or your use of the Site, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these TOU. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TOU, YOU AND CAYUGA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

b. Exceptions. Notwithstanding Section 8.a above, nothing in these TOU will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

c. Arbitrator. Any arbitration between you and Cayuga will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these TOU, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Cayuga. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Cayuga’s address for Notice is: 317 N. Aurora Street, Ithaca, NY 14850, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Cayuga may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Cayuga must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Cayuga prior to selection of an arbitrator, Cayuga will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by Cayuga in settlement of the dispute prior to the arbitrator’s award; or (C) $15,000.

e. Fees. If you commence arbitration in accordance with these TOU, Cayuga will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Tompkins County, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Cayuga for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

f. No Class Actions. YOU AND CAYUGA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cayuga agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

g. Modifications to this Arbitration Provision. Except as otherwise provided in these TOU, if Cayuga makes any future change to this arbitration provision, other than a change to Cayuga’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Cayuga’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Cayuga.

h. Enforceability. If Section 8.f above is found to be unenforceable or if the entirety of this Section 8 is found to be unenforceable, then the entirety of this Section 8 will be null and void.

9. Limitation of Liability and Disclaimer of Warranties. THE TERMS OF THIS SECTION 9 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

a. NEITHER CAYUGA NOR ITS AFFILIATES (COLLECTIVELY, “CAYUGA PARTIES”) MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR ANY CONTENT THEREON. ACCORDINGLY, THE SITE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE CAYUGA PARTIES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CONSEQUENTLY, YOU AGREE THAT YOU SOLELY ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SITE.

b. WITHOUT LIMITING SECTION 9.A, THE CAYUGA PARTIES DO NOT WARRANT THAT THE SITE AND ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES, OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO CAYUGA PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

c. IN NO EVENT WILL ANY CAYUGA PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SITE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE CAYUGA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAYUGA’S LIABILITY, AND THE LIABILITY OF ANY OF THE OTHER CAYUGA PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING FROM THESE TOU IS LIMITED TO U.S. $100.

10. Third Party Disputes. ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CARRIER OR OTHER USER), IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE CAYUGA PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

11. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Cayuga Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these TOU; or (b) your access to, use, or misuse of the Cayuga Content, Trademarks or the Site. Cayuga will provide notice to you of any such claim, suit, or proceeding. Cayuga reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Cayuga believes that you are unwilling or incapable of defending Cayuga’s interests. In such case, you agree to cooperate with any reasonable requests assisting Cayuga’s defense of such matter at your expense.

12. Term and Termination of the TOU.

a. Term. As between you and Cayuga, the term of these TOU commences as of your first use of the Site and continues until the termination of these TOU by either you or Cayuga.

b. Termination. You may terminate these TOU by sending written notification to Cayuga at terms@cayuganetworks.com and terminating your use of the Site. Cayuga reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or to terminate these TOU at any time without prior notice or liability if you breach any provision of these TOU or violate the rights of any third party on or through the Site. Cayuga reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. Sections 1(a), 1(b), 1(d), 1(e), 1(f), 2(b)-(d), 3-14 and all defined terms used therein will survive the termination of these TOU indefinitely.

13. Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14. Miscellaneous. This TOU is governed by the internal substantive laws of the State of New York without respect to its conflict of laws provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cayuga as a result of these TOU or use of the Site. If any provision of these TOU is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOU, which will remain in full force and effect. Failure of Cayuga to act on or enforce any provision of these TOU will not be construed as a waiver of that provision or any other provision in these TOU. No waiver will be effective against Cayuga unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Cayuga and you in writing, these TOU constitutes the entire agreement between you and Cayuga with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This TOU will inure to the benefit of our successors and assigns. You may not assign these TOU or any of the rights or licenses granted hereunder without the prior express written consent of Cayuga. Cayuga may assign these TOU, including all its rights hereunder, without restriction.

15. Contact Us. If you would like to contact us in connection with your use of the Site, then please contact us at 317 N. Aurora Street, Ithaca, NY 14850, or by email at info@cayuganetworks.com