I. WEBSITE (“SITE”) TERMS AND CONDITIONS
A. SCOPE OF AGREEMENT
B. USE OF SITE CONTENT AND MATERIALS
Comtex grants you a non-exclusive, non-transferable, revocable license (a) to access (but not through scraping, spidering, crawling or other technology or software used to access data) and use the Site strictly in accordance with this Agreement; and (b) to use the Site solely for information purposes. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
1. Use of Materials and Ownership
The information on this web site, along with any materials including without limitation text, publications, graphics, images, multimedia clips, HTML and java code, logos, banners, software, news releases, whitepapers, data sheets, product descriptions and FAQs, is the copyrighted work of Comtex and/or our suppliers and partners and is protected under worldwide copyright laws and treaty provisions. Unauthorized use may violate copyright, trademark, and other laws. Comtex does not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret information or other intellectual or proprietary rights.
This Site, including images, text, audio and other components therein (“Materials”) are copyrighted materials owned by Comtex, Inc. or other companies and protected by worldwide copyright laws. Elements of this Site are also protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You may not use, copy, reproduce, modify, publish, upload, post, transmit, or distribute Materials and elements of this Site in any way without Comtex’s expressed prior written permission. These Materials and elements include, but are not limited to, names, trademarks, logos, graphics, sounds and images. Except as expressly provided herein, Comtex, Inc. does not grant any express or implied right to users under any patents, copyright, trademarks, or trade secrets.
Comtex is committed to respecting your privacy. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That is why we have put a policy in place to protect your personal information. In order to personalize your web experience, we may at times require personal information from you, such as your e-mail address, when you visit our Site as an anonymous visitor. We will not collect personally identifiable information unless you agree to provide it to Us. Please do not submit your personally identifiable information to Us if you do not want it to be collected and used. Comtex will not use personally identifiable information outside of the purpose for which it was provided unless otherwise approved by you. Comtex may require business related information from you whether you visit our Site as an anonymous visitor or registered guest. We will not gather business related information unless you agree to provide it to Us. This information will be used by Comtex to propose business solutions based on your requirements. Please do not submit Your business information to Us if you do not want it to be collected and used. We will endeavor to not use this information outside of the purpose for which it was provided unless otherwise approved by You. To help us understand the preferences and trends of a typical user, and to help enhance the user experience, We may collect, during your session as either an anonymous visitor or registered guest, information that is not identifiable to You. Examples of this type of information include, but are not limited to:
Subject to the restrictions described above, any information which you post to this web site, including e-mail submissions, will be considered non-confidential.
C. SITE RULES
In order to provide a welcoming and productive community on Our Site and to improve the safety and security of Our Site, we require that You adhere to the following rules:
D. REPRESENTATIONS AND WARRANTIES
No Representations or Warranties by Comtex
Comtex disclaims any liability in connection with the use of information on this Site. Comtex makes no representations or warranties with respect to (a) this Site, its content and materials (including, without limitation, material communicated by third parties), (b) the information contained within any websites linked to or from this Website, or (c) communications from Customer Service representatives, all of which are provided on an “as is” and “as available” basis. The information contained throughout this Site is for general information purposes only and is not intended to be relied upon by a User of this Site. It is also not intended to provide any advice regarding the design, suitability, installation, service, repair, maintenance, monitoring or limitations of any CCTV system, video surveillance system, access control system or telephone system, any component parts thereof or any other products presented on this website. All recommendations are made without any guarantee on the part of Comtex and it is true to the best of Our knowledge. Comtex disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Comtex makes no representations or warranties that the information provided by these pages or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If Your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, Comtex is not responsible for those costs. Comtex also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by Users or third parties, is accurate, complete, current, or reliable. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether it is a website, product, service, or experience. No advice or information obtained by any User from Comtex, Our Site or Our personnel shall create any warranty not expressly provided for in this Agreement. You agree that in no event will Comtex be liable under any theory of liability whatsoever (whether in contract, tort, or otherwise) for any loss or damage of any kind, sort or nature arising out of, or in connection with, any use of, or reliance upon, this Site or any of the information contained in this Site. Any use made, or reliance placed upon, any information in this Site is strictly at User’s own risk. The inclusion of any links in this Website do not imply a recommendation or endorsement of the views, information or content expressed within any links.
E. LIABILITY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMTEX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, REPUTATIONAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST OR ANTICIPATED PROFITS, LOSS OF BUSINESS, GOODWILL, USE, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY), DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY COMTEX, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES), EVEN IF COMTEX WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR ANY ISSUES ARISING OUT OF A CONTRACT SIGNED BETWEEN THE PARTIES, ARISING OUT OF (a) THE USE OF ANY GOODS OR SERVICES PROVIDED BY COMTEX OR ARISING IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, (b) THE USE, DELAY OR THE INABILITY TO USE THE SITE OR A LINKED SITE; (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (f) ANY OTHER MATTER RELATING TO THE SITE.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER´S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR ANY OTHER INTERCONNECT PROBLEMS, INCLUDING BUT NOT LIMITED TO THE FAILURE OF PORTING TELEPHONE NUMBERS, FRAUDULENT CALLS FROM YOUR SYSTEM, YOUR INABILITY TO ACCESS YOUR INTERNET OR DIAL TONE SERVICE PROVIDER, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, EQUIPMENT MALFUNCTION, SECURITY BREACHES, FAILURE OF A DEVICE TO RECORD FOOTAGE, BURGLARY, VANDALISM OR ANYTHING ARISING OUT OF OR IN CONNECTION WITH THE USE OR FAILURE OF EQUIPMENT PURCHASED FROM OR INSTALLED BY COMTEX. COMTEX CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE. FURTHERMORE, YOU AGREE TO INDEMNIFY COMTEX AGAINST LIABILITY FOR ANY AND ALL USE OF THE SITE.
COMTEX RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN COMTEX’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL COMTEX (ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $50.00. THIS SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR ANY CLIENT OR USER. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, COMTEX’S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
F. PROPRIETARY RIGHTS
If You have a good faith belief that materials available on the Site infringe Your copyright, send Comtex a notice requesting that We remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, send Comtex a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by federal law (see http://www.copyright.gov/ for details). Send any notices to our main office to the attention of Admin at Comtex, 29 Poplar Street, East Rutherford, New Jersey 07073.
G. FITNESS FOR USE
Comtex makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local laws.
1. Indemnification Obligations
To the maximum extent permitted by applicable Law, You shall indemnify and hold harmless, individually and collectively, Comtex, its affiliates, agents, and employees and other providers who furnish goods and services to You in connection with the System, and their officers, directors, managers, and employees (the “Indemnified Parties”) from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys’ fees and dispute resolution expenses) resulting directly or indirectly from or related to: (i) the use of or reliance of any System, Software and Licenses by You or any third party acting with Your permission, knowledge, authority or direction; (ii) a breach of this Agreement or any other Agreement with Comtex, by You, or any End User; (iii) any negligent acts, omissions to act or willful misconduct by You or any third party acting with Your permission, knowledge, authority or direction; (iv) the inability to use any System, or the failure or outage of a System and/or Software or Licenses for any reason, including but not limited to those related to calling, “911” or other emergency responders; (v) the use of a System in connection with a violation of any applicable law, code, regulation, or ordinance by the Client; or (vi) the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, Intellectual Property rights, rights of privacy, and rights of publicity and personality; (vii) failure to promptly install any updates of any software or firmware or accept or use modified or replacement items provided by or on behalf of Comtex (viii) your access to or use of this web site or any web site to which this web site is or may be linked from time to time; (ix) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (x) your violation of any law or regulation. Further, Client will indemnify and hold harmless Comtex against all damages, costs, and legal fees finally awarded against Comtex by a court of competent jurisdiction or in Arbitration in connection with such third-party claim or agreed to in a written settlement agreement approved in writing by the Client.
2. Defense and Indemnification Procedures
If Comtex becomes an Indemnified Party, Comtex will have the right to participate at its own expense in the defense of such third-party claim, including any related settlement negotiations. No such claim may be settled or compromised by the Indemnifying Party without the Indemnified Party’s express written consent (which such consent may not be unreasonably withheld, conditioned, or delayed), unless such settlement or compromise includes a full and complete release of all claims and actions against the Indemnified Party by each party bringing such third-party claim.
I. DISPUTE RESOLUTION
1. Good Faith Attempt to Settle Disputes
In the event of any dispute or claim arising out of or relating to this Agreement (a “Dispute”), each Party will appoint a duly authorized representative which will confer with the other Party before either Party brings legal action, to make a reasonable and good faith effort to settle or otherwise resolve such Dispute.
2. Resolution in Small Claims Court.
In the event the dispute is not resolved, and the claim falls within the dollar limit allowed by New Jersey Superior Court, Small Claims Court, along with any other jurisdictional requirements, either Party may seek to have that dispute resolved in Small Claims court in New Jersey.
3. Binding Arbitration.
If negotiations fail to resolve the dispute within thirty (30) calendar days, and small claims court is not a valid option due to the size or nature of the claim, all disputed claims must be resolved by binding arbitration before a single arbitrator in accordance with the commercial rules of the American Arbitration Association (“AAA”) (available on the AAA website, www.adr.org/aaa) in effect as of the date this Agreement goes into effect. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The place of arbitration will be in Bergen County New Jersey. The complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement. Judgment may be entered on the arbitrator’s award in any court having jurisdiction.
Except where otherwise expressly stated in the Agreement, all notices or other communications must made in writing and delivered in person, upon delivered email, facsimile, or overnight courier service, and addressed as follows: to Comtex at 29 Poplar Street, East Rutherford, New Jersey 07073. All notices to be valid must be confirmed by Comtex as received. Client agrees that all electronic notices have the full force and effect of paper notices.
2. Force Majeure
Excluding either Party’s payment obligations under the Agreement, neither Party will be responsible or liable for any failure to perform or delay in performing to the extent resulting from any event or circumstance that is beyond that Party’s reasonable control, including without limitation any act of nature; national emergency; third-party telecommunications networks; riot; war; terrorism; governmental act or direction; change in Laws; fiber, cable, or wire cut; power outage or reduction; rebellion; revolution; insurrection; earthquake; storm; hurricane; flood, fire, or other natural disaster; strike or labor disturbance; or other cause, whether similar or dissimilar to the foregoing, not resulting from the actions or inactions of such Party.
3. Privacy Information
4. No Waiver
In no event shall any failure or delay by Comtex to: (i) assert or exercise any right; (ii) demand fulfillment or performance of any obligation; or (iii) avail itself of any remedy under these Agreement, in whole or in part, be deemed a waiver of any right or remedy under this Agreement on such occasion or any other occasion.
5. Headings, Interpretation
The headings, section titles, and captions used in the Agreement are for convenience of reference only and will have no legal effect. All defined terms include related grammatical forms, and, whenever the context may require, the singular form of nouns and pronouns include the plural, and vice versa.
6. Statute of Limitations
7. Governing Law
This Agreement and Your use of the Licenses shall be governed by and construed under the laws of the State of New Jersey without regard to its conflict of law rules.
8. Future Changes to these Agreement
We may change the terms of these Agreement from time to time. We will not provide You with written notice. You will be responsible to check the Comtex website for any modifications to this Agreement. Continued use of this Site constitutes Your acceptance of the modified terms. If the terms of this Agreement are amended and You do not wish to accept the modified terms, do not use the Comtex Site.
9. Customer Service
10. Severability and Waiver
In the event any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision(s) will be stricken and the remainder of this Agreement will remain legal, valid and binding. The failure by either Party to exercise or enforce any right conferred by this Agreement will not be deemed to be a waiver of any such right or to operate so as to bar the exercise or enforcement of any such or other right on any later occasion. Except as otherwise expressly stated in this Agreement, all rights and remedies stated in the Agreement are cumulative and in addition to any other rights and remedies available under the Agreement, at Law, or in equity.
The rights and obligations of either Party that by their nature would continue beyond the expiration or termination of this Agreement, including without limitation payment obligations, warranty disclaimers, indemnities, limitations of liability, definitions and miscellaneous.
Comtex Inc. 2019
"Renewal by Andersen has been using Comtex for our phone requirements for several years. They have always been very attentive to our needs and responsive if we have any concerns. Comtex is educated in the latest technology available. As we grow and our phone system requirements increase it is good to know that Comtex will be there to support those requirements and can recommend the best solutions on the market."
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