Communications Supply &
Support Ltd ("CSS") provides access to certain areas
of this website (the "Site"), and the materials and
services available through the portions of the website,
subject to the following terms and conditions of use (these
"Terms"), which constitute a legal contract between
You (as either an individual or a legal entity, and hereafter
referred to as "You") and CSS. By accessing or using
the Site, You agree to be bound by these Terms and to comply
with all applicable laws and regulations. IF YOU DO NOT AGREE
TO BE BOUND BY THESE TERMS OR SUCH LAWS AND REGULATIONS, YOU
ARE NOT AUTHORIZED TO ACCESS AND USE THE SITE OR THE MATERIALS
AND SERVICES, AND YOU ARE REQUIRED TO EXIT THE SITE.
IF YOU ARE ENTERING THIS
AGREEMENT ON BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY, OR
ACCESSING OR USING THIS SITE AS PART OF YOUR DUTIES AS AN
EMPLOYEE OF A CORPORATION OR OTHER LEGAL ENTITY, YOU HEREBY
REPRESENT AND WARRANT TO CSS THAT YOU ARE AUTHORIZED TO ACT ON
BEHALF OF SUCH CORPORATION OR LEGAL ENTITY AND TO BIND THE
SAME TO THESE TERMS AND ALL OBLIGATIONS ARISING HEREUNDER.
ALL RIGHTS AND LICENSES GRANTED
HEREUNDER ARE PERSONAL TO YOU AND SHALL NOT INCLUDE ANY RIGHT
TO GRANT SUBLICENSES TO ANY THIRD PARTY EXCEPT AS EXPRESSLY
SET FORTH HEREIN.
EXCEPT FOR THE LIMITED PRODUCT
WARRANTY STATED IN THE TERMS AND CONDITIONS OF SALE FOR
PRODUCTS SOLD THROUGH THIS SITE, ALL MATERIALS, INCLUDING ALL
INFORMATION, DATA, PRODUCTS, SAMPLES, AND SOFTWARE
("MATERIALS"), AND ALL SERVICES, INCLUDING ALL
TECHNICAL SUPPORT, DESIGN SERVICES, DATA AND INFORMATION
STORAGE ("SERVICES"), PROVIDED ON OR THROUGH THIS
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY
LAW, CSS DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE SITE,
MATERIALS AND SERVICES, AS FURTHER SET FORTH BELOW.
Access and Use of the Site.
You are granted permission to access and use the Site,
including permission to download, copy, and display materials
contained on the Site, on a limited basis for internal,
noncommercial, informational purposes only and strictly
subject to these Terms. The permissions granted by these Terms
shall extend to officers, directors, employees, and agents
authorized by You in accordance with these Terms
("Authorized Users"), subject to such Authorized
Users being bound by this to the same extent as You. You shall
be liable, jointly and severally, for all acts and breaches of
these Terms by any Authorized User.
Proprietary Rights. The
Materials provided or appearing on this Site, include
descriptions of patented technology, copyrightable subject
matter, trademarks, service marks, and trade names
("Intellectual Property") which are proprietary to
CSS or other third parties and are protected by patent,
copyright, and trademark laws.
You may not use the Materials or Intellectual Property except
as permitted under these Terms without the prior written
consent of CSS. Any unauthorized use or copying of any
Materials or Intellectual Property may violate patent,
copyright, trademark and other laws. As between You and CSS,
CSS shall retain all rights, title, interests, and ownership
of any kind, including but not limited to, any and all
intellectual property rights of every kind whatsoever, in and
to the Site, and all Materials and Intellectual Property
contained on or available through the Site. Neither You nor
any other user shall be deemed to obtain any rights to the
Site, Materials or Intellectual Property, and nothing
contained herein shall be construed as conferring by
implication, estoppel or otherwise any license or right under
any patent, copyright, trademark, or trade secret of CSS or
any third party, except as expressly set forth in these Terms.
The ownership and use of any and all software obtained through
the Site shall be subject the end-user license agreement
incorporated in or accompanying such software. By downloading
any such software You agree to be bound by the terms of the
corresponding end-user license agreement.
User Conduct. You agree
to abide by all applicable local, state, national and foreign
laws, treaties and regulations applicable to use of the Site.
You shall not in any manner to: (i) distribute, use or make
copies of, or otherwise duplicate the Materials contained on
the Site, except as expressly authorized under these Terms;
(ii) make the Site, or any Materials contained on the Site,
available to any unauthorized third party; (ii) sell, loan,
rent, lease, re-license, sublicense, transmit, distribute,
re-distribute, or timeshare the Site, or create any Internet
"link" to the Site, or "frame" or
"mirror" the materials or services contained on or
accessible from the Site on any other server or Internet-based
device; (iii) cause or permit the reverse engineering,
disassembly, decompilation of, or any other attempt to derive
any software comprising or available through the Site, except
to the extent permitted by law; or (iv) remove, alter, amend,
or otherwise tamper with any titles, trademarks, copyright,
restricted rights notices, or other proprietary rights legend,
or any license agreement, included or provided with the Site.
In addition, without limitation, You agree not to use the
Site: (a) to harvest, collect, gather or assemble any
Materials for other than internal, noncommercial use; (b) to
harvest, collect, gather or assemble information or data
regarding other users, including e-mail addresses, without
their consent; (c) to transmit or post any material or
information which is unlawful, harassing, libelous, abusive,
harassing, tortious, defamatory, threatening, harmful,
abusive, libelous, invasive of another's privacy, vulgar,
obscene or otherwise objectionable; (d) to transmit any
material that may infringe the intellectual property rights or
other rights of third parties, including any patent,
trademark, copyright, trade secret, or right of publicity; (d)
to transmit any material that contains software viruses or
other harmful or deleterious computer code, files or programs
such as trojan horses, worms, time bombs, cancelbots; (e) to
interfere with or disrupt servers or networks connected to the
Site, or violate the regulations, policies or procedures of
such networks; (f) to attempt to gain unauthorized access to
the Site, other accounts, computer systems or networks
connected to the Site, through password mining or any other
means; or (g) to harass or interfere with another user's use
and enjoyment of the Site.
User Accounts. You are
granted permission to establish, access and use an account on
the Site containing Your preferences and other materials
("Your Account"). The permission to establish Your
Account is personal to You and Your Authorized Users, and
cannot be shared with or otherwise used by any other
individual or entity. You hereby represent and warrant that
all information provided CSS in registering for Your Account
is current, complete and correct, and that You will promptly
update such information following any change which renders it
incomplete or incorrect. CSS may refuse to open, permit access
to, or terminate Your Account if we suspect any information
provided by You or any Authorized User is untrue, inaccurate,
incomplete, not current, or misleading. CSS may place
restrictions on the types and amounts of information stored in
Your Account.
User Responsibilities.
You are solely responsible for (i) any and all activities that
occur under Your Account (ii) the safe keeping and use of Your
Account password; and (iii) properly exiting and logging off
from Your Account. You shall not share Your password with any
person or entity that is not an Authorized User. You shall
notify CSS immediately of any unauthorized use of Your Account
or Your password, or any other breach of security that is
known or suspected by You. CSS shall not be responsible for
any unauthorized access to, or alteration of, Your Account, or
any transmissions, material, information or data sent or
received using Your Account, regardless of whether the same is
actually received by CSS, or any transactions entered into
using or through the Site, or any failure by You or any
Authorized User to abide by this Agreement. You bear sole
responsibility for maintaining back up copies of any
information stored in Your Account. CSS shall have no
obligation regarding the safekeeping of any information in
Your Account and You hereby waive any and all claims against
CSS for any information contained in Your Account which is
lost, stolen, deleted, corrupted or otherwise rendered
inaccessible or unusable. YOU HEREBY WARRANT AND REPRESENT
THAT NO INFORMATION NOW OR HEREAFTER CONTAINED IN YOUR ACCOUNT
SHALL COMPRISE A TRADE SECRET OR CONFIDENTIAL INFORMATION.
Changes to User Terms and
Conditions. CSS reserves the right from time to time in
its sole discretion to establish or modify these Terms
governing use of the Site by posting notice of such changes on
the Site accessible by You, or as otherwise provided in these
Terms. By using or accessing the Site or Your Account
subsequent to the posting of any change to these Terms You
shall be deemed to have consented to such changes.
Changes and Upgrades.
CSS may in its sole discretion and at any time materially
change, add to, delete from, or revise any portion of the
Site, including the scope and extent of the Site's
functionality, or otherwise provide any updates, upgrades, or
enhancements to the Site. CSS may remove, replace or modify
the Site at any time without notice. Unless CSS agrees
otherwise in writing, each such upgrade, enhancement, change,
addition to or deletion from the Site shall be incorporated
therein and shall be subject to all terms and conditions set
forth in these Terms. CSS makes no commitment to update to
keep the Site current.
Privacy Policy. To the
extent consistent with these Terms, the terms and conditions
of CSS's privacy policy are incorporated herein by reference
and can be viewed by clicking here.
General Disclaimers. THE
SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED, AND ARE
ACCEPTED BY YOU, "AS IS" WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY
LAW, CSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CSS MAKES NO WARRANTY OR REPRESENTATION AS
TO THE AVAILABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY OR COMPLETENESS OF THE SITE,
THE MATERIALS, OR THE SERVICES. MORE PARTICULARLY, CSS DOES
NOT REPRESENT OR WARRANT: (I) THAT THE SITE, THE MATERIALS, OR
THE SERVICES WILL BE SECURE, TIMELY, RELIABLE, UNINTERRUPTED,
OR FREE FROM ERRORS, INACCURACIES, VIRUSES, OR HARMFUL
COMPONENTS, OR WILL OPERATE IN COMBINATION WITH ANY OTHER
HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THAT THE SITE, THE
MATERIALS, OR THE SERVICES, OR ANY INFORMATION OR DATA
OBTAINED, PROCESSED, OR STORED BY YOU THROUGH THE SITE, THE
MATERIALS, OR THE SERVICES, WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS; (III) THAT ANY STORED INFORMATION OR DATA WILL
BE ACCURATE OR RELIABLE; (IV) THAT ERRORS OR DEFECTS WILL BE
CORRECTED; OR (V) THAT YOUR ENJOYMENT OF THE SITE, MATERIALS
OR SERVICES WILL BE WITHOUT INTERFERENCE.
Limitations. YOU ARE
ADVISED NOT TO RELY FOR ANY PURPOSE ON THE SITE, THE
MATERIALS, OR THE SERVICES. IN NO EVENT SHALL CSS BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR ANY OTHER THEORY OF LAW, ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SITE, THE MATERIALS, OR
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OF INCOME,
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF ANY USER
INFORMATION OR OTHER DATA, EVEN IF CSS OR A CSS AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Links to Other Sites.
The Site contains links to websites maintained by other
parties, and CSS does not control these parties or the
content, products, or services offered through such websites.
The inclusion of any link does not imply any endorsement by
CSS of the linked site, or of any content, products, or
services offered through the linked site. CSS makes no
representations or warranties whatsoever about any linked
site, or the availability of any products offered through the
linked site, and accepts no responsibility or obligation in
connection with Your use of any linked site. The entire risk
and responsibility arising from linking with any such site,
including any transactions entered into through such site,
remains with You.
Termination. You have
the right to discontinue use of the Site at any time. CSS may
at any time and in its sole discretion terminate these Terms
and all rights granted hereunder, including Your Account and
password, upon written notice. CSS may further terminate Your
account if You do not first log-on within thirty (30) days
after registration or ninety (90) days since Your last login.
Upon termination for any reason all rights granted You
hereunder shall terminate and You shall immediately cease use
of the Site, and return or destroy any materials obtained
through the Site. The permissions granted herein shall
automatically terminate, and all use of the Site, Materials,
and Services by You must cease immediately, upon any breach of
these Terms.
Local Laws and Export
Control. CSS controls and operates the Site from its
location in the United Kingdom. The Materials and Services on
this Site are subject to United Kingdom export control laws
and regulations. CSS makes no representation that the Site is
appropriate or available for use in other locations.
Entire Agreement/Amendments.
These Terms constitute the complete agreement between You and
CSS concerning the subject matter set forth herein, and
supersedes all prior or contemporaneous negotiations,
agreements or representations in respect thereof. These Terms
may not be amended, modified or supplemented except in writing
by CSS, and no other act, document, usage or custom shall be
deemed to amend, modify or supplement these Terms.
Assignment. You may not
transfer or assign to any third party, in whole or in part,
Your Account or any other rights or permissions granted under
these Terms, without the prior written consent of CSS, which
consent CSS may withhold in its sole discretion. Any attempted
assignment in violation of this provision shall be null and
void and shall automatically terminate all rights and
permissions granted under these Terms.
Waiver. Neither party
shall be deemed by any act, delay, or omission to have waived
any of its rights or remedies hereunder unless such waiver is
in writing and signed by the waiving party, and only to the
extent specifically set forth in said writing. A waiver,
failure or delay in exercising any right, power or privilege,
or any single or partial exercise of any right, power or
privilege, will not act to preclude any subsequent or further
exercise of that or any other right, power or privilege.
Severability. If the
application of any provision hereof to any particular Party,
facts, or circumstance shall be held by a court of competent
jurisdiction to be invalid or unenforceable, then (i) such
provision shall be reformed without further action by the
Parties to the extent strictly necessary to render such
provision valid and enforceable when applied to such
particular Party, facts, or circumstances; and (ii) the
validity and enforceability of such provision as applied to
any other particular Party, facts, or circumstances, and the
validity and enforceability of all of the other provisions
hereof, shall in no way be affected or impaired thereby.
Governing Law. These
Terms shall be governed by and construed in accordance with
the laws of the United Kingdom applicable to contracts entered
into and wholly performed therein, without regard to that body
of law pertaining to conflicts of laws. Any suits or
controversies between the Parties arising hereunder shall be
adjudicated before a court of competent jurisdiction located
in the United Kingdom. As permitted under Article 6 of the
United Nations Convention on Contracts for the International
Sale of Goods, You and CSS hereby agree that said Convention
shall not apply to this Agreement, or any dispute arising
hereunder.
Notices. Any notice
required or permitted to be given to CSS under these Terms
shall be given as follows: by electronic mail to
webmaster@comss.co.uk, or by faxmail to +44-(0)8700-940152
attention Webmaster. CSS may give notice to You by means of a
general notice via the Services, electronic e-mail to Your
e-mail address on record in CSS's account information, or by
written communication sent by first class mail to Your address
on record in CSS's account information. A change of address by
either Party shall only be effective if given in accordance
with the provisions of this Section.