TERMS OF USE
Communications Center
Incorporated
(“CommCenter”) operates this Site to provide online
access to information about CommCenter and the products, services
and opportunities we provide (the “Service”). By
accessing and using this Site, you agree to each of the terms
and conditions set forth herein (“Terms of Use”).
Additional terms and conditions applicable to specific areas
of this Site or to particular content or transactions are also
posted in particular areas of the Site and, together with these
Terms of Use, govern your use of those areas, content or transactions.
These Terms of Use, together with applicable additional terms
and conditions, are referred to as this “Agreement.”
CommCenter reserves the right to modify this Agreement at any
time without giving you prior notice. Your use of the Site following
any such modification constitutes your agreement to follow and
be bound by the Agreement as modified. The last date these Terms
of Use were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings,
images and/or other works that you see, hear or otherwise experience
on the Site (singly or collectively, the “Content”)
solely for your non-commercial, personal purposes and/or to
learn about CommCenter products and services. No right, title
or interest in any Content is transferred to you, whether as
a result of downloading such Content or otherwise. CommCenter
reserves complete title and full intellectual property rights
in all Content. Except as expressly authorized by this Agreement,
you may not use, alter, copy, distribute, transmit, or derive
another work from any Content obtained from the Site or the
Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign
copyright laws, and belong to CommCenter or its partners, affiliates,
contributors or third parties. The copyrights in the Content
are owned by CommCenter or other copyright owners who have authorized
their use on the Site. You may download and reprint Content
for non-commercial, non-public, personal use only (If you are
browsing this Site as an employee or member of any business
or organization, you may download and reprint Content only for
educational or other non-commercial purposes within your business
or organization, except as otherwise permitted by CommCenter.
You may not manipulate or alter in any way images or other Content
on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing
throughout the Site without permission from the trademark owner,
except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are
provided solely as a convenience to you. If you use these links,
you will leave the Site. Such links do not constitute or imply
an endorsement, sponsorship, or recommendation by CommCenter
of the third party, the third-party web site or the information
contained therein. CommCenteris not responsible for the availability
of any such web sites. CommCenter is not responsible or liable
for any such web site or the content thereon. If you use the
links to the web sites of CommCenter affiliates or service providers,
you will leave the Site, and will be subject to the terms of
use and privacy policy applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must follow CommCenter’s
link guidelines. Unless specifically authorized by CommCenter,
you may not connect “deep links” to the Site, i.e,
create links to this site that bypass the home page or other
parts of the Site. You may not mirror or frame the home page
or any other pages of this Site on any other web site or web
page.
6. Downloading Files
CommCenter cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection
by software viruses or other harmful computer code, files or
programs.
7. Software
Any software available for download via the Site is the copyrighted
work of CommCenter and/or its licensors. Use of such software
is governed by the terms of the end user license agreement that
accompanies or is included with the software. Downloading, installing,
and/or using any such software indicates your acceptance of
the terms of the end user license agreement.
8. Disclaimer of Warranties
COMMCENTER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE
OR THE CONTENT. COMMCENTER EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD
TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE
FURNISHED OR TO BE FURNISHED VIA THE SITE. COMMCENTER DOES NOT
WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT
DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. COMMCENTER
DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT,
OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE,
THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL COMMCENTER BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF
(I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR
THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED
BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT,
(IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE,
OR THE CONTENT, EVEN IF COMMCENTER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE
SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
COMMCENTER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED
TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT,
EXCEED $100.00.
10. Indemnification
You understand and agree that you are personally responsible
for your behavior on the Site. You agree to indemnify, defend
and hold harmless CommCenter, its parent companies, subsidiaries,
affiliated companies, joint venturers, business partners, licensors,
employees, agents and any third-party information providers
to the Service from and against all claims, losses, expenses,
damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable
attorneys’ fees, resulting from or arising out of your
use, misuse, or inability to use the Site, the Service, or the
Content, or any violation by you of this Agreement.
11. User Conduct
You agree to use the Site only for lawful purposes. You agree
not to take any action that might compromise the security of
the Site, render the Site inaccessible to others or otherwise
cause damage to the Site or the Content. You agree not to add
to, subtract from, or otherwise modify the Content, or to attempt
to access any Content that is not intended for you. You agree
not to use the Site in any manner that might interfere with
the rights of third parties.
12. General Provisions
a. Entire Agreement/No Waiver. These Terms
of Use constitute the entire agreement of the parties with respect
to the subject matter hereof. No waiver by CommCenter of any
breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The
Content may contain typographical errors or other errors or
inaccuracies and may not be complete or current. CommCenter
therefore reserves the right to correct any errors, inaccuracies
or omissions and to change or update the Content at any time
without prior notice. CommCenter does not, however, guarantee
that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, it will not impact
any other provision of this Agreement, all of which will remain
in full force and effect. Any and all disputes relating to this
Agreement, CommCenter’s Privacy Policy, your use of the
Site, any other CommCenter web site, the Service, or the Content
are governed by, and will be interpreted in accordance with,
the laws of the State of New York, without regard to any conflict
of laws provisions.
d. Claims of Copyright Infringement. Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service
Provider's Designated Agent.
13. Privacy Policy
Your privacy is important to us. To better protect your privacy
we provide this notice explaining our online information practices
and the choices you can make about the way your information
is collected and used. To make this notice easy to find, we
make it available on our homepage and at every point where personally
identifiable information may be requested.
The Way We Use Information:
We use return email addresses to answer the email we receive.
Such addresses are not used for any other purpose and are not
shared with outside parties.
We use non-identifying and aggregate information to better design
our website and to share with advertisers. For example, we may
tell an advertiser that X number of individuals visited a certain
area on our website, or that Y number of men and Z number of
women filled out our registration form, but we would not disclose
anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information
provided to us online in ways unrelated to the ones described
above without also providing you an opportunity to opt-out or
otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and
ensure the correct use of information, we have put in place
appropriate physical, electronic and managerial procedures to
safeguard and secure the information we collect online.
Our
Commitment To Children's Privacy
Protecting the privacy of the very young
is especially important. For that reason, we never collect
or maintain information at our website from those we actually
know are under 13, and no part of our website is structured
to attract anyone under 13.
How To Contact Us
Should you have other questions or concerns
about these privacy policies, please use the information available
on our CONTACT US page for any and all communications.
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