Terms of Website Use

Terms of Website Use

Communication Technologies, Inc.

THIS AGREEMENT CONTAINS THE TERMS UNDER WHICH YOU MAY USE THE COMTECHNOLOGIES.COM WEBSITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THIS SITE.

1.Ownership; Modification to this Agreement
This website (the "Site") is owned and operated by Communication Technologies, Inc.  ("COMTek") and your use of the Site is governed by these Terms of Use ("Agreement"). COMTek reserves the right to modify this Agreement (e.g., by adding or deleting terms, or by changing or modifying existing terms), including without limitation, the privacy policy, at any time without further notice. Such modifications will be effective upon posting on the Site, and your subsequent use of the Site will constitute your acceptance of the modifications. This Agreement applies solely to your access to and use of the Site and does not change or modify in any way any terms or conditions of any other agreement that you may have with COMTek.

2. Use of Site
Subject to the terms of this Agreement, COMTek grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials contained on the Site for your personal use only. All right, title and interest to all material on the Site, including without limitation, all informational text, data, photographs, illustrations, artwork, software, music, sound, graphics (including the Site's "look and feel," layout and color scheme), designs, audio, video, messages, files, documents, images or other materials (collectively, the "Content"), as well as all derivative works, is the property of Communication Technologies, Inc. or other parties that have licensed their material to Communication Technologies, Inc. and is protected by copyright, trademark and other intellectual property laws. All trademarks, service marks, logos, branding and trade names used on the Site (collectively, the "Marks") are the registered or unregistered Marks of Communication Technologies, Inc. or the respective owners of each such Mark. Any copying, reproduction, uploading, republishing, posting, re-transmission, distribution, sale, transfer or other use or exploitation of the Site, or any Mark or Content in any way, including by E-mail and electronic means, without the prior written consent of Communication Technologies and the respective owner(s) of such Mark or Content, is strictly prohibited and may infringe upon Communication Technologies or such other owner's intellectual property rights. Any use of the Content on any web site or networked computer environment constitutes a violation of the copyright, trademark and other proprietary rights in the Content and is expressly prohibited. Users are further prohibited from using any Mark for any purpose including, but not limited to, use as meta tags on other pages or sites on the World Wide Web without the written permission of Communication Technologies or such third party which may own the Mark. Nothing contained in this Agreement or on the Site shall be construed as granting, by implication or otherwise, any license or right to any Content or Mark, and you agree that you do not acquire any ownership interest by downloading the Content or any Marks. Request for permission to reproduce any such information should be addressed to the Communication Technologies Webmaster at webmaster@comtechnologies.com.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You also agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You are prohibited from posting or transmitting any unlawful, harmful, abusive, harassing, vulgar, obscene, hateful, threatening, libelous, defamatory, indecent, inflammatory, pornographic, profane, racially, ethnically or otherwise objectionable material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, (d) is used to unlawfully collude against another person in restraint of trade or competition, (e) is an advertisement or solicitation of any kind, (f) impersonates others, (g) offers unauthorized downloads of any copyrighted or private information, (h) includes messages by non-spokesperson employees of Communication Technologies purporting to speak on behalf of Communication Technologies or containing confidential information or expressing opinions concerning Communication Technologies, or (i) includes personal information such as messages which state phone numbers, social security numbers, etc. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Site.

Communication Technologies has used and will use reasonable efforts to include accurate and up-to-date information on its Site. However, the information on the Site or a Linked Site may include inaccuracies or typographical errors, and Communication Technologies specifically disclaims any liability for such inaccuracies or errors, including any liability caused by a user's reliance on such inaccuracies or errors. You assume full responsibility for implementing sufficient procedures and safeguards to satisfy your requirements for the accuracy and suitability of the Site, Content and Marks, and for maintaining any means which you may require for the reconstruction of lost data. Communication Technologies cannot and does not guarantee continuous, uninterrupted or secure access to the Site or a Linked Site.

3. No Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE AND ANY SITE LINKED TO THE SITE (A "LINKED SITE") IS AT YOUR OWN RISK. COMMUNICATION TECHNOLOGIES, INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON THE SITE. NEXGREN EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, (A) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, RELIABILITY, ERROR-FREE AND UNINTERRUPTED USE AND NON-INFRINGEMENT, (B) WARRANTIES REGARDING THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION CONTAINED OR REFERENCED ON THE SITE, AND (C) WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THERE ARE NO WARRANTIES THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODES OR DEVICES.

4. Limitation of Liability for Use of the Site and Linked Sites
YOU AGREE THAT YOU CAN RECOVER FROM COMMUNICATION TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO A MAXIMUM OF U.S. $20.00 OR THE PRICE YOU PAID TO COMMUNICATION TECHNOLOGIES FOR ANY PRODUCT OR SERVICE, WHICHEVER IS GREATER. COMMUNICATION TECHNOLOGIES, INC., NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, SHALL BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, LOST OPPORTUNITY OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH (A) THE ACCESS, USE, DISPLAY, OR INABILITY TO USE THE SITE OR ANY LINKED SITE, (B) ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR ANY LINKED SITE, (C) ANY DELAY OR INTERRUPTION IN THE USE OF THE SITE OR A LINKED SITE, (D) ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR A LINKED SITE, (E) ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODES OR DEVICES TRANSMITTED THROUGH THE SITE OR OTHERWISE, OR (F) THE FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATION ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF COMMUNICATION TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES TO A USER'S COMPUTER HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR PROPERTY.

5. Modifications to Information; Product Information
Communication Technologies reserves the right to make changes in any way, at any time, and for any reason, without prior notice, to the Content, including information regarding materials, equipment, specifications, prices and/or availability. Material contained in the Site may pertain to products and services for certain markets only. Communication Technologies may not manufacture all of the products described on the Site. Therefore, the product information on the Site should be read in conjunction with the applicable manufacturer's information for such products. Nevertheless, reference on the Site to any products, services, third-party Marks, manufacturers or suppliers does not represent or imply an endorsement or recommendation by Communication Technologies.

6. Linked Sites
Linked Sites are provided for convenience only. Communication Technologies does not operate or control any information or services on any of the Linked Sites. Therefore, if you decide to access such Linked Sites and/or provide any personal information to such Linked Sites, you do so entirely at your own risk. Linked Sites may contain terms of use and privacy provisions (including, confidentiality provisions, transmission of personal data provisions, and other provisions) that differ from those provided on the Site. Communication Technologies encourages you to read and understand such terms of use and privacy policies of any Linked Site accessed by you. Communication Technologies does not endorse or express any opinion regarding the content, terms of use or privacy policies of any Linked Sites, and Communication Technologies expressly disclaims any and all liability in connection with Linked Sites and the use thereof.

Communication Technologies prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Communication Technologies reserves the right to disable any unauthorized links or frames. You may not link to the Site without the express written consent of Communication Technologies. Request for permission to link to the Site should be addressed to the Communication Technologies Webmaster at webmaster@comtechnologies.com.

7. Indemnity
You agree to release, indemnify, defend and hold harmless Communication Technologies, and each of its respective officers, directors, employees, agents, representatives, licensees, co-branders or other partners ("Indemnified Parties"), from and against any and all losses, claims, demands, suits, liabilities, fines, penalties, damages, costs and expenses (including reasonable attorney's fees and expenses), of whatever kind, character or nature brought by or on behalf of any person, arising from, relating to, or in connection with this Agreement or your access or use of the Site, the Content, Marks, Linked Sites, or other materials, and to the extent permitted by applicable law, even if caused, in whole or in part, by the joint, sole, or concurrent negligence, willful misconduct, strict liability or other fault, whether passive or active, of any person or entity, including any Indemnified Parties.

8. Violations of Terms of Use; Remedies; Attorney's Fees
Communication Technologies reserves the right to seek all remedies available at law and in equity for violations of this Agreement by you and/or anyone acting on your behalf, including, without limitation, injunctive relief, petitions for restraining orders, the right to block access from a particular Internet address to the Site and/or to terminate any further use of the Site by you and/or anyone acting on your behalf. If Communication Technologies takes any action to enforce these provisions, Communication Technologies will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and costs, in addition to any other relief, at law or in equity, to which such parties may be entitled. Communication Technologies may pursue all remedies available at law and in equity against you and/or anyone acting on your behalf for any violation of these Terms of Use in a court of competent jurisdiction in Virginia pursuant to the governing law provision of these Terms of Use, and you agree that Communication Technologies is not required to submit to arbitration any dispute or claim related to or arising out of a violation of these Terms of Use by you and/or anyone acting on your behalf. In the event that Communication Technologies seeks injunctive relief or petitions for a temporary restraining order, you agree that Communication Technologies shall not be required to post any bond or surety of any kind. You agree that Communication Technologies’ rights, remedies, powers and privileges are cumulative, and the exercise by Communication Technologies of any right, remedy, power or privilege is not exclusive of and shall not prejudice or waive the exercise by Communication Technologies of any other rights, remedies, powers or privileges at any time.

9. Laws and Regulations
Your user access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. The use of this Site and any products or services obtained through this Site are subject to the United States export laws and regulations. You agree to comply with all domestic and international export laws and regulations that apply to this Site and any products or services offered on this Site.

10. Governing Law
The validity, enforceability and interpretation of this Agreement shall be determined and governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. You hereby consent to personal jurisdiction and venue in the courts of the Commonwealth of Virginia or in any federal court located in Virginia if any suit or other action is brought under the terms of or relating to this Agreement.

11. Arbitration
You agree that any claim or cause that you have arising out of or relating to this Agreement, your use of the Site or the products and services provided through the Site shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such claim or cause shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or cause of any other party. The arbitration shall be conducted in the English language, and the location of the arbitration shall be in Fairfax County, Virginia. The non-prevailing party shall bear the fees and expenses of the arbitrator and the arbitration. The results of the arbitration shall be final and binding upon the parties, and judgment on the award may be entered in any court having jurisdiction thereof. The arbitrator must award actual damages consistent with the applicable terms and conditions of this Agreement, and the arbitrator shall have no authority to award any damages not permitted by the section of this Agreement titled "Limitation of Liability for Use of the Site and Linked Sites." No actions or proceedings, including arbitration, arising from or relating to this Agreement, your access and use of the site, or the Content or Marks may be instituted by you more than two (2) years from the date upon which such claim or cause arose or was accrued.

12. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

13. Entire Agreement; Severability
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter, and supersedes all prior agreements and understandings between the parties, whether oral or written, regarding such subject matter. Whenever possible, each provision of this Agreement shall be interpreted as to be effective and valid under applicable governing law. However, if any provision of this Agreement is determined to be prohibited or invalid under applicable law by a court of competent jurisdiction, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.

14. Miscellaneous
No waiver by either party of a breach or default shall operate or be construed as a waiver of any other or subsequent breach or default, and no failure or delay in exercising any right, remedy or power under this Agreement will operate as a waiver of any other right, remedy or power. The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect this Agreement.

©2009 Communication Technologies, Inc. All Rights