Connxion Source™ – Website Terms and Conditions of Use (WTCU)
Connxion Source™ welcomes you to our website. When you access, browse or otherwise
use the Connxion Source™ Website (the “Site”) YOU AGREE, WITHOUT LIMITATION
OR QUALIFICATION, TO BE BOUND BY ITS TERMS AND CONDITIONS OF USE AND PRIVACY
POLICY and all disclaimers and terms and conditions that appear elsewhere on
the Site.
References to Connxion Source™ herein refers to Connxion Source™, its affiliates
or designees and each of their respective officers, directors, employees, and
agents as deemed appropriate by Connxion Source™ Systems.
Connxion Source™ reserves the right to make changes to the Site and its ‘Terms
and Conditions of Sale' and ‘Privacy Policy' at any time. Each time you use
the Site, you should visit and review the then current ‘Terms and Conditions
of Sale' and ‘Privacy Policy' that apply to your transactions and use of this
site. If you are dissatisfied with the Site, its content or 'Terms and Conditions
of Sales' and 'Privacy Policy' and any Legal Notices herein, you agree that
your sole and exclusive remedy is to discontinue using the Site.
Misrepresenting the identity of a user, tampering with the site, using buying
agents or conducting fraudulent activities on the site are prohibited and All
orders will be canceled.
DISCLAIMERS AND LIMITATION OF LIABILITY
BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE
RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NEITHER CONNXION SOURCE™ NOR ANY THIRD-PARTY CONTENT OR PROVIDERS, DESIGNERS,
CONTRACTORS, DISTRIBUTORS, MANUFACTURERS, MERCHANTS, SPONSORS, LI CENSORS OR
THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER CONNXION SOURCE™ NOR ITS ASSOCIATES
WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON
THIS SITE NOR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. ALL INFORMATION
ON THIS SITE REGARDING PRODUCTS, SERVICES AND PRICING PROVIDED BY CONNXION SOURCE™ AND
ITS ASSOCIATES IS SUBJECT TO CHANGE WITHOUT NOTICE. REASONABLE EFFORTS ARE
TAKEN TO ENSURE THE ACCURACY AND INTEGRITY OF ALL INFORMATION PROVIDED ON THE
SITE. BUT CONNXION SOURCE™ IS NOT RESPONSIBLE FOR MISPRINTS, OUT-OF-DATE INFORMATION,
OR ERRORS. CONNXION SOURCE™ MAKES NO WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES
ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION CONTAINED ON THIS WEBSITE. FURTHERMORE, CONNXION SOURCE™ MAKES
NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE
FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES.
CONNXION SOURCE™ AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE. ADDITIONALLY, CONNXION
SOURCE™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT
THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER COMPONENTS
THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER
PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CONNXION SOURCE™ OR ITS ASSOCIATES
SHALL CREATE A WARRANTY. TO THE EXTENT THAT SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN WARRANTIES, THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL CONNXION SOURCE™ OR ITS ASSOCIATES BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO
RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS
IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT
OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CONNXION SOURCE™ HAS
BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE
AND SERVICES AVAILABLE THROUGH THE SITE. TO THE EXTENT THAT SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ERRORS ON THE SITE
Pricing and availability of products and services are subject to change without
notice CXS will honor any exiting quotes for a period of 30 days, unless availability or end of life effects order fulfillment.
Errors will be corrected where discovered, and Connxion Source™ reserves
the right to revoke any stated offer and to correct any errors, inaccuracies
or omissions including after an order has been submitted and whether or not
the order has been confirmed and your elected payment options are processed.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Connxion Source™, its Affiliates
and any of their respective officers, directors, agents or employees, from
and against any liability, claims, costs and expenses (including without limitation
reasonable legal fees and expenses), brought by any third party alleging, arising,
related, or resulting from your use (or use by any third party using your account)
of our Site in violation or breach of the Terms and Conditions of Use.
TERMINATION OF USE
Connxion Source™ may, in its sole discretion, terminate your account or your
use of the Site at anytime. You and or your company are personally liable for any orders that you
place or charges that you incur prior to termination. Connxion Source™ reserves
the right to change, suspend, or discontinue all or any aspects of our Site
at any time without prior notice to any customer.
TRADEMARKS AND OWNERSHIP
Connxion Source™ logos and other trademarks on the site are the property of
their respective owners and are owned by, licensed too, or, where required
and may not be reproduced, copied, or manipulated in any manner without the
express, written approval of the trademark owner.
PROPRIETARY RIGHTS
All content included on or comprising the Site including information, data,
software, photographs, graphs, videos, typefaces, graphics, music, sounds and
other material (collectively "Content") is protected by copyright,
trademark, patent or other proprietary rights, and these rights are valid and
protected in all forms, media and technologies existing now or developed in
the future. All Content is copyrighted as a collective work under the U.S.
copyright laws, and Connxion Source™ or its Associates or other third party
licensors may own, to the fullest extent allowed by such laws, the copyright
in the selection, coordination, arrangement, and enhancement of all content.
Except as expressly authorized or licensed, you may not copy, modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or
sale, lease or rental of, create derivative works from or in any way exploit
any of the Content, in whole or in part.
Specific restrictions are you may not download Content displayed on the Site
for commercial use, all copyright, trademark legends and other proprietary
notices contained in the material, belong to their prospective owners.
COPYRIGHT INFRINGEMENT OBLIGATIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement
for material that is believed to be residing on the Site, should be promptly
sent in the form of written communication to Connxion Source™'s Legal Designate:
Address for Notices. All notices to Connxion Source™ must
be made to Connxion Source™ - Administrator at PO Box 180791 , Arlington
, Texas 76096 . All such notices must be made in writing and mailed by either
first class postage or personal courier and will be deemed delivered when
received. All replies Connxion Source™ makes to you will be sent to the address
you specify in the initial Application.
The following information must be included in all claims submitted:
- A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single on-line site are covered by
a single notification, a representative list of such works at that site;
- With identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit
the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact
the Complaining Party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted;
- Including a statement that the Complaining Party has a good faith belief
that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
- Under penalty of perjury, that the Complaining Party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed,
with accompanying statement that the information in the notification is accurate
with supporting documents.
LINKS TO THIRD PARTY WEBSITES
Connxion Source™ may contain links to other sites operated by third-parties,
including but not limited to third-party sites. These links are made available
for your convenience and are intended only to enable access to these Third-Party
Sites and for no other purpose.
CONNXION SOURCE™ DOES NOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE SUBSTANCE,
COMPLETENESS, USEFULNESS, QUALITY, FUNCTIONALITY, ACCURACY, FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY OR ANY OTHER REPRESENTATION ABOUT ANY THIRD-PARTY
SITE OR ITS CONTENT. A LINK TO A THIRD-PARTY SITE ON THE CONNXION SOURCE™ WEBSITE
DOES NOT CONSTITUTE SPONSORSHIP, ENDORSEMENT, APPROVAL OR RESPONSIBILITY FOR
ANY THIRD-PARTY SITES. CONNXION SOURCE™ MAKES NO REPRESENTATION OR WARRANTY
AS TO ANY PRODUCTS OR SERVICES OFFERED ON ANY THIRD-PARTY SITE.
The conditions of use and privacy policy of any Third-Party Site may differ
substantially from the Terms and Conditions of Use and Privacy Policies that
apply to your use of the Connxion Source™ Website. Please review the conditions
of use for all Third-Party Sites for more information about the terms and conditions
that apply to your use of Third-Party Sites from there respected sites.
INTERNET PURCHASING
Please review the Terms and Conditions of Sale and the Connxion Source™ Return
Policies for Non-defective Returns and Defective Returns for information regarding
the policies governing purchases made on the internet.
PRIVACY
Please review the Connxion Source™ Privacy Policy for information on the privacy
practices of the Connxion Source™ Website.
SECURITY
It is the Customers responsibility for maintaining the confidentiality of your
account UID (User Identification) and Password and for restricting access to
your computer, if you use this site. You agree to accept full responsibility
for all activities that occur under your account UID and Password.
The Connxion Source™ Website may only be used for lawful purposes. Activities
including, but not limited to, tampering with site, misrepresenting the identity
of a user, using buying agents or conducting fraudulent activities on the site
are prohibited.
Users are prohibited from violating or attempting to violate the security of
the Connxion Source™ Website, including, without limitation, (a) accessing
data not intended for such user or logging onto a server or an account which
the user is not authorized to access; (b) using the Website for unintended
purposes or trying to change the behavior of the site; (c) attempting to probe,
scan or test the vulnerability of a system or network or breach security or
authentication measures without proper authorization; (d) attempting to interfere
with service to any user, host or network, including without limitation via
means of submitting a virus to the site, overloading, "flooding," "spamming," "mail
bombing" or "crashing;"; (f) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup posting. Violations
of system or network security may result in civil or criminal liability; or
(g) forging communications on behalf of the Website (impersonating the Connxion
Source™ Website) or to the Website (impersonating as a legitimate user). Sending
unsolicited and unauthorized e-mail on behalf of Connxion Source™, including
promotions and/or advertising of products or services, is expressly prohibited.
Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine or data to interfere or
attempt to interfere with the proper working of the Connxion Source™ Website
or any activity being conducted on this site. You agree, further, not to use
or attempt to use any engine, software, tool, agent, data or other device or
mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search the Connxion Source™ Website other
than the search engine and search agents provided by Connxion Source™ or generally
publicly available browsers.
APPLICABLE LAW
You agree to use the information and content on the Site in compliance with
all applicable State and Federal laws, rules and regulations. The Site is controlled
by Connxion Source™ from its offices within the United States of America .
Connxion Source™ makes no representation that the Site or the content is appropriate
or available for use in other locations, and access to them from the territories
where the content is illegal is prohibited. Those who choose to access this
from other locations do so, on their own initiative and are responsible for
compliance with applicable local and state laws. The Terms and Conditions of
the Site and any claim related to this Site, the products, or services provided
through this Site or the content shall be governed by and interpreted under
the internal substantive laws of the State of Texas without
regard to conflict of law principals. The exclusive venue and jurisdiction
for all claims and disputes arising under the Terms and Conditions of Use or
in connection with the Site shall be in the appropriate state or federal courts
located in Tarrant County in the State of Texas and you hereby submit to the
exclusive jurisdiction of these courts.
Last Updated: 07/19/2009 v4.036
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