The following terms and conditions (“Terms & Conditions”) apply to any party (“Company”) obtaining Services provided by or Equipment sold or rented by ITC or any Affiliate of ITC ("ITC," “we,” “us” or “ours”) (either individually, a “Party,” collectively, the “Parties”). These Terms & Conditions expressly incorporate by this reference ITC’s Acceptable Use Policy (http://www.itcglobal.com/acceptable-use) and ITC’s Definitions (Communications) (http://www.itcglobal.com/Definitions), both of which ITC may update from time to time upon notice to Company.
Disclaimer: EXCEPT AS SET FORTH IN THESE TERMS AND CONDITIONS, ITC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AS TO ANY ASPECTS OF THE NETWORK SERVICES RENDERED OR EQUIPMENT PROVIDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. ITC DOES NOT WARRANT THAT THE EQUIPMENT OR SERVICES WILL MEET COMPANY’S REQUIREMENTS OR THAT THE OPERATION OF THE NETWORK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ANY WARRANTIES GRANTED HEREIN ARE PROVIDED SOLELY TO COMPANY AND ITC MAKES NO WARRANTY OF ANY KIND TO COMPANY’S USERS OR ANY OTHER THIRD PARTIES.
Force Majeure: ITC will not be liable for any failure of performance hereunder due to any Event of Force Majeure. To the extent all such occurrences are beyond the reasonable control of ITC, delay in performance by subcontractors to the extent such delay is beyond our reasonable control, and other delays incurred for reasons beyond our reasonable control, which, by the exercise of reasonable diligence, are unable to be prevented or avoided. ITC’s obligation to perform its obligations hereunder will be suspended for the duration of a period of Force Majeure and will resume as soon as reasonably possible upon the cessation of the event of Force Majeure. If an Event of Force Majeure prevents Company from using the Service (for example, loss of a necessary license through no fault of either Party) for at least ninety consecutive days, ITC may terminate the Agreement upon ten days written notice without any liability to Company.
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