GENERAL

Welcome to the Evoque Data Center Solutions website. By accessing, browsing or using our websites (collectively, the “Site”), you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the website and information provided by Dawn Acquisitions LLC dba Evoque Data Center Solutions, its subsidiaries and affiliates (hereinafter, “Evoque”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITES.

Evoque may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.

GOVERNING LAW / DISPUTE RESOLUTION

THE TERMS AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. Any claims arising out of the use of this Site shall be resolved by binding arbitration in Dallas, Texas in accordance with the then-current rules of the American Arbitration Association.

USE OF THE SITE

You may only use this Site for its intended purpose and solely in accordance with the Terms. In addition, you may not restrict or inhibit any other person from using or enjoying the Site. The Site may contain links to other Internet sites and third-party resources. Evoque is not responsible for either the availability of these outside resources or their content. Evoque may monitor your use of the Site, but is not obligated to do so. As part of your use of the Site, you may provide registration information to Evoque. You warrant that all such registration information is accurate and truthful, and you agree to update such information as necessary. You may also be asked to choose or be assigned a user name and password. You are responsible for maintaining the confidentiality of such information.

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE. USE OF THE SITE IS AT YOUR OWN RISK.

INTELLECTUAL PROPERTY

All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, and the Evoque Products and Services are the intellectual property of Evoque, its licensors and its suppliers. Copyright © 2019 Dawn Acquisitions LLC dba Evoque Data Center Solutions. and/or its affiliates or licensors. All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of Evoque. The content this Site is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Site solely for your own personal, non-commercial use, provided that none of the content is modified and all of Evoque’s legal legends are retained. You may not “mirror” any content contained within this Site without the express prior written consent of Evoque. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Evoque or the appropriate copyright owner. Evoque does not grant you any licenses, express or implied, to the intellectual property of Evoque or its licensors except as expressly stated in the Terms.

TRANSMISSION OF CONTENT

By registering, posting, uploading, inputting or otherwise submitting your contact information or other material to the Site, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information, and you grant to Evoque permission to use such information in connection with the operation of the Site and marketing of Evoque services to you, including through contacting you and sending you emails and other communications. No compensation will be paid with respect to the use of such information. Said permission is transferable by Evoque to an acquirer in connection with a business or asset sale. Any material, information or ideas that you transmit to or post to or through this Site by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by Evoque for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with Evoque’s Privacy Policy, which can be found at www.evoquedcs.com . You are prohibited from posting or transmitting to or through this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or any other material that is illegal or could give rise to legal liability under applicable law.

INTERNATIONAL USE

This Site is controlled and operated by Evoque from within the United States. Evoque makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Those who choose to use the Site from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

LIMITATION OF LIABILITY

THE SITE IS PROVIDED “AS IS” AND EVOQUE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL EVOQUE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF EVOQUE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.

MODIFICATIONS

We may change the Terms by posting a new version of the Terms on this Site, and it is your responsibility to review this page periodically. When we do change the Terms, we will also revise the “last updated” date of the Terms. Your continued use of this Site constitutes your agreement to these Terms and any updates.

TERM AND TERMINATION

The Terms are effective as of the date of your first access or use of the Site, and shall remain in effect for the duration of your access or use.

GENERAL

The state or federal courts sitting in Dallas County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. The Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by their express terms. The invalidity or unenforceability of any provision of the Terms shall not affect the validity of the Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of the Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of the Terms. The section headings used herein are for convenience only and shall not be given any legal import.

Last Updated: December 28, 2018