Effective Date: December 1, 2021
Your access and use of the COMSPOC Website is subject to and governed by these Terms and any other additional disclaimers, legal notices, agreements, or terms and conditions that may apply. If there is a conflict between these Terms and any additional terms, the additional terms shall control. By agreeing to the Terms and Conditions as part of a registration process or by using any COSMPOC Website, you accept and agree to abide by these Terms.
3. Change of Terms
COMSPOC reserves the right to modify these Terms at any time without notice. Any changes to these Terms will be effective immediately upon posting on this page, with an updated effective date. By accessing an COMSPOC Website after any changes have been made, You signify your agreement to the updated Terms.
4. Registration and Password
You are solely responsible for the usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. If and to the extent the You become aware that third parties are misusing the Content, You shall notify COMSPOC thereof without undue delay.
Access to the COMSPOC Website is only available via an internet connection. You may require appropriate user identification to gain access and all names must be provided to COMSPOC as needed. Once access is established, an access notification will be provided to the contact identified in the order form or to the registrant. Delivery shall be deemed complete when COMSPOC provides confirmation of access by email. To the extent applicable, access duration shall be as identified on the order. COMSPOC reserves the right to exclude any participant: (i) who does not fulfil such prerequisites, (ii) behaves in disorderly conduct or fails to observe any of COMSPOC’s rules of participation, as applicable. No refund of fees shall be paid to You in such circumstances.
6. Confidentiality and Ownership
The COMSPOC Website and all Content provided therein, inclusive of any commercial, technical information, and documentation which relate to foregoing are solely owned by and hereby reserved by COMSPOC and its partners, as applicable. You acknowledge and agree that the COMSPOC Website and Content may not be (i) used for Your commercial use, (ii) produced or copied in any form or by any means or translated into another language without the prior written consent of COMSPOC, (iii) distributed to non-licensed users, and (iv) disassembled, decompiled, reverse-engineered, copied, translated, or used to make derivative works, or (v) used in any manner that could damage, disable, overburden, or impair the COMSPOC Website, related servers or networks. You may not attempt to gain unauthorized access to COMSPOC Website, servers, or networks, through hacking, password mining or any other unauthorized means.
7. Feature Requests and Product Improvements
You acknowledge and agree that any interaction with or feedback provided to COMSPOC, either directly stated or implied, may be used by COMSPOC to improve COMSPOC products and services in the future. COMSPOC shall be the sole owner of any and all developments, modifications, enhancements, changes or new proprietary information or intellectual property that is developed in relation to any COSMPOC software or related services (“Improvements”), including, without limitation, comments or feedback (“Feedback”) that is provided by You to COMSPOC. COMSPOC shall have all rights associated any such Improvements and Feedback without recourse of reference to You.
You may not access, download, use or export the Services, or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Services or Content of COMSPOC in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Services of COMSPOC outside the U.S. Neither the Services of COMSPOC nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Governing Law and Jurisdiction
These Terms shall be governed and construed under the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws’ provisions thereof. Any dispute arising out of, from or in relation to the subject matter of these Terms shall be subject to sole and exclusive jurisdiction of courts in the Commonwealth of Pennsylvania. No class action shall be permitted under these Terms. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE BINDING CONTRACT BASED ON THESE TERMS, YOU AND COMSPOC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11. Trademark Information
“COMSPOC” is a trademark of COMSPOC Corp. “COMSPOC” and the trademarks, logos and service marks (the "Marks") displayed on the www.comspoc.com site are the property of COMSPOC Corp., or of their respective third-party owners. Use of the Marks is not permitted absent prior written consent of COMSPOC or of the respective third-party owner.
12. Warranty Disclaimer
Neither COMSPOC nor its affiliates, licensors, or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our affiliates, licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of any services or products now or in the future offered or purchased through the Services. Any products and services now or in the future purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without warranty of any kind from COMSPOC or others (unless, with respect to such others, only as provided expressly and unambiguously in writing by a designated third party for a specific product).
13. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMSPOC (OR ITS LICENSOR(S) OR SUPPLIER(S)) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMSPOC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify and hold COMSPOC, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without COMSPOC’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
To the extent applicable, you will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that COMSPOC may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and COMSPOC agree that these Terms are the complete and exclusive statement of the mutual understanding between you and COMSPOC, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of COMSPOC, and you do not have any authority of any kind to bind COMSPOC in any respect whatsoever. You and COMSPOC agree there are no third-party beneficiaries intended under these Terms.
17. Legal Contacts
If you have any questions concerning the usage or licensing of COSMPOC’s trademarks or copyrights, or use of the Services in general, please contact the COMSPOC Legal Department by email at firstname.lastname@example.org