TERMS OF USE

COMPUTER ACCESS TECHNOLOGIES, LLC TERMS OF USE

LAST MODIFIED: October 29, 2020

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Computer Access Technologies, LLC and/or its affiliates (“CAT”), provide website features and other products and services to you when you visit compaccesstech.com and related sites (the “Sites”). CAT provides the Sites subject to the following conditions. 

 

BY ACCESSING ANY OF THE SITES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.

 

CAT reserves the right, in its sole discretion, to change, modify, add or remove portions of these terms of service (these “Terms”) at any time. By continuing to access any of the Sites following such modifications, you agree to be bound by such modifications to these Terms.

 

1. PRIVACY POLICY

Please review the Privacy Policy, which also governs your use of the Sites, and are integrated by reference herein.

 

2. USE OF THE SITES

You must be 13 years or older to access the Site. If you are under 13, then you may not access the Sites under any circumstances. If you are 13 or older and younger than 18, then you may access the Sites only if you have your parents’ or guardians’ prior permission. By accessing the Sites, you represent that you are at least 18 or that you are at least 13 and have your parents’ prior permission to do so. If you are a parent or guardian providing permission for a child age 13 or older to access the Sites, then you agree to accept full responsibility for that child’s use of and access to the Sites under these Terms. You may access and use the Sites solely for lawful purposes and only in accordance with these Terms. CAT reserves the right at any time and in its sole discretion to modify, suspend, or discontinue any or all of the Sites with or without notice. 

 

3. YOUR ACCOUNT

To utilize some services included in the Sites, you may be asked to create a password-protected account (your “Account”). You agree to keep your Account information and password confidential. You agree to notify CAT immediately of any actual or suspected unauthorized use of your Account. Your Account is solely for your personal and non-commercial use. You may not sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer your Account or the right to access your Account to any third party. You are solely responsible for all activities that occur through your Account. CAT will not be responsible for any loss to you caused by your failure to comply with these obligations. You represent and warrant that: (a) all information you provide in your registration is true, accurate, current, and complete; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete. As part of the registration process, you may be assigned or permitted to create a user ID for use in identifying your Account (a “User ID”). You may not: (x) select or use a User ID of another person with the intent to impersonate that person; (y) use a User ID in which another person has rights without such person’s authorization; or (z) use a User ID that CAT, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your Account.

 

4. TERM AND TERMINATION

These Terms will be effective on the date that you first access any of the Sites and will continue until terminated. CAT may terminate these Terms, and your access to any or all of the Sites, immediately, for any reason or no reason, with or without notice to you. CAT may also suspend your use of any or all of the Sites and direct you to cease using any or all of the Sites with or without notice to you and with or without cause. Upon any termination of these Terms, all rights granted to you under these Terms will cease, your Account will be closed, and you must promptly discontinue all use of or access to any of the Sites. Sections 1 (PRIVACY POLICY), 4 (TERM AND TERMINATION), 5 (CONTENT), 8 (SITES RESTRICTIONS), 9 (TERMINATION), 10 (MARKS), 11 (POSTINGS AND UPLOADS), 12 (CONDUCT), 13 (CLAIMS OF INFRINGEMENT), 14 (REPRESENTATIONS AND WARRANTIES), 15 (DISCLAIMER AND LIMITATION OF LIABILITY), 16 (INDEMNIFICATION), 17 (LINKED SITES), 18 (MOBILE SERVICES), 19 (NOTICES), and 20 (GENERAL TERMS) shall all survive termination or expiration of these Terms for any reason as they apply to the rights granted to CAT and the restrictions placed on you. 

 

5. CONTENT

All text, files, images, graphics, illustrations, information, data, audio, video, photographs, advertising, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork, computer code and other content (collectively, “Content”), including without limitation, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, available through any of the Sites, including, without limitation, all Content made available through any widget or other partners, affiliates, and licensors (collectively “Affiliates”), is owned by CAT or its Affiliates and is protected by United States and international copyright laws. Your access to, and use of, any Content is also subject to any other license or other agreement separate from these Terms that you may have entered into (or may enter into) with CAT or any of its Affiliates related to that Content (each of those licenses or other agreements, a “Content Agreement”). Except as expressly set forth in these Terms or a Content Agreement, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Content, or any Intellectual Property Rights therein or related thereto, and you may not copy, modify, reproduce, upload, perform, publicly display, create derivative works from, republish, post, transmit, encode, translate, participate in the transfer or sale of, distribute (including without limitation, “mirroring”), or in any way exploit any portion of the Content or the Sites without the prior written permission of CAT. If you would like to use the Content or the Sites in a manner that is not expressly set forth in these Terms or any Content Agreement, please send your request by emailing CAT at info@compaccesstech.com

 

6. LICENSE AND ACCESS

Subject to your compliance with these Terms and any Content Agreement, CAT or its Affiliates grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sites and the Content. This license does not include any resale or commercial use of any of the Sites or the Content; any derivative use of any of the Sites or the Content; any downloading, copying, or other use of any of the Sites or the Content for the benefit of any third party; or any use of any data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Content Agreement are reserved and retained by CAT or its Affiliates. None of the Content, nor any part of any of the Sites, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CAT. You may not frame or utilize framing techniques to enclose any trademarks, trade names, service marks, logos, banners, and page headers displayed through any of the Sites (collectively, the “Marks”) or proprietary information (including images, text, page layout, or form) of CAT without express written consent. You may not use any meta tags or any other “hidden text” utilizing CAT’s name or Marks without the express written consent of CAT. You may not misuse any of the Sites. You may use the Sites only as permitted by law. The licenses granted by CAT terminate if you do not comply with these Terms or any Content Agreement.

 

7. CONTENT DESCRIPTIONS

CAT attempts to be as accurate as possible. However, CAT does not warrant that descriptions of any of the Content or the Sites is accurate, complete, reliable, current, or error-free. CAT also does not warrant that any descriptions of CAT products found on any of the Sites is accurate, complete, reliable, current, or error-free. 

 

8. SITES RESTRICTIONS

We reserve the right to refuse use of the Sites in our discretion. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of Content that can be accessed.

 

9. TERMINATION

Our business may change over time and we reserve the right to cancel the Sites in whole or in part, and to terminate your use of the Sites at our discretion without notice. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

 

10. MARKS

Unless otherwise labeled, all Marks are the property of CAT or its Affiliates. Except as expressly set forth in these Terms, you may not display, link to or otherwise use the Marks without the prior written permission of CAT or the appropriate Affiliate.

 

11. POSTINGS AND UPLOADS

The Sites may include information, forums, bulletin boards, chat rooms, or other opportunities through which you may provide, transmit, upload, or otherwise make available Content (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (a) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (b) an infringement or misappropriation of the Intellectual Property Rights of any third party; (c) illegal in any way or that advocates illegal activity; (d) false or misleading; or (e) an advertisement or solicitation of funds, goods, or services. You represent and warrant to CAT and its Affiliates that you own all right, title, and interest in and to any Provided Content that you provide or upload through any of the Sites, or that you have sufficient rights, whether by implication, estoppel or otherwise, to grant CAT the rights discussed in these Terms. You will indemnify, defend, and hold harmless, CAT and its Affiliates from and against any and all third party claims, losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees and court costs) that result from (x) a breach or alleged breach of any representation or warranty set forth in these Terms and/or (y) your use of the Sites. By providing or uploading any Provided Content through any of the Sites, unless otherwise stated in a separate agreement entered into by you and CAT in connection with your upload of any Provided Content, subject to the terms of the Privacy Policy, you grant CAT a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. 

 

12. CONDUCT

You will not and will not permit any third party to: (a) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any Content, or in any way reproduce or circumvent the navigational structure or presentation of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through any of the Sites; (b) attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to any CAT server, by hacking, password “mining” or any other illegitimate means; (c) use the Sites to harvest or collect e-mail addresses, whereabouts or other contact information of other users from the Sites by electronic or other means for any purpose; (c) probe, scan or test the vulnerability of any network connected to the Sites, or breach the security or authentication measures on any network connected to the Sites; (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, including any account not owned by you, to its source, or exploit any of the Sites or Content in any way where the purpose is to reveal any information, including without limitation, personal identification or information, other than your own information; (e) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; (f) use the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites; (g) use any of the Sites or Content for any commercial purpose or in any automated manner; (h) use automated scripts to collect information from or otherwise interact with the Sites; (i) use the Sites to intimidate, harass, or bully any person or entity; (j) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of any the Sites; (k) remove, bypass, or circumvent any notices included on any of the Sites or Content; or (l) provide to CAT any code or device capable of or intended to interrupt, harm, or damage any of the Sites or Content or the operation thereof.

 

13. CLAIMS OF INFRINGEMENT

Just as CAT requires users of the Sites to respect the Intellectual Property Rights of CAT, its Affiliates, and other third parties, CAT respects the Intellectual Property Rights of users of the Sites and other third parties. If you believe, in good faith, that your Intellectual Property Rights have been infringed or misappropriated through the Sites without authorization in a way that constitutes infringement, you may notify CAT by mail to:

 

Computer Access Technologies, LLC

15 South Weber St.

Colorado Springs, CO 80903

 

Please provide the following information to CAT:

  1. The identity of the infringed work, and of the allegedly infringing work;

  2. Your name, address, daytime phone number, and e-mail address;

  3. A statement that you have a good faith belief that the use of the potentially infringing work is not authorized by the owner, the owner’s agent, or the law;

  4. A statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and

  5. Your signature.

 

14. REPRESENTATIONS AND WARRANTIES

You hereby represent, warrant, and covenant for the benefit of CAT and its Affiliates that: (a) you have the legal right and authority to accept these Terms; (b) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms and in any applicable additional agreement you enter into in connection with your access to or use of the Sites; and (c) all information you provide to CAT in connection with these Terms and your access to or use of the Sites is correct and current.

 

15. DISCLAIMER AND LIMITATION OF LIABILITY.

          (a) Disclaimer. ALL CONTENT AND SITES PROVIDED THROUGH OR IN CONNECTION WITH CAT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER CAT NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT, OR OTHER DATA OR INFORMATION DISPLAYED ON, DOWNLOADED FROM, OR DISTRIBUTED THROUGH ANY OF THE SITES. CAT DOES NOT PRESCREEN CONTENT PROVIDED BY USERS, AND YOU UNDERSTAND THAT BY USING THE SITES, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL CAT BE LIABLE IN ANY WAY FOR ANY OF THE SITES OR CONTENT. YOU AGREE THAT YOUR ACCESS TO THE SITES AND CONTENT IS AT YOUR OWN DISCRETION AND YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF ANY OF THE SITES OR CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, CAT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITES OR CONTENT AND THAT INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME.

          (b) Limitation. IN NO EVENT WILL CAT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) ANY OF THE SITES OR CONTENT, EVEN IF CAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CAT’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED $100.

 

16. INDEMNIFICATION

You hereby indemnify, defend, and hold harmless CAT and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (collectively, “Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from your accessing or using any of the Sites or Content, or your breach of any of these Terms. CAT will provide you with notice of any such claim or allegation, and CAT will have the right to participate in the defense of any such claim at its expense.

 

17. LINKED SITES

The Sites may contain links to third party sites or services that are not under the control of CAT, and CAT is not responsible for any content on any linked site or service. If you access a third party site or service through the Sites, then you do so at your own risk. CAT provides links only as a convenience, and the inclusion of the link does not imply that CAT endorses or accepts any responsibility for the content on those third party sites or services. CAT welcomes links to its site. You may establish a link to www.compaccesstech.com, provided that the link does not provide or imply any sponsorship or endorsement of your site by CAT or any group or individual affiliated with CAT. You may not use on your site or through your service any Content or Marks in establishing the link. You may not frame or otherwise incorporate into another site or service the Content or other materials provided through the Sites without prior written consent.

 

18. MOBILE SERVICES

The Sites may be available on mobile devices and wireless services, or devices linked through Wi-Fi. Your mobile service, Wi-Fi or Internet provider may charge for those services that it provides, which are related to the Sites. You should check with your mobile service, Wi-Fi or Internet provider to learn about such charges. By using any of the Sites, you agree that CAT may communicate with you regarding the Sites by SMS, text message, email or other electronic means to your mobile device or email address.

 

19. NOTICES

Except as expressly stated otherwise, any notices required or allowed under these Terms will be given to CAT by postal mail to the address for CAT listed through the Sites. If applicable law requires that CAT accepts e-mail notices (but not otherwise), then you may send CAT an e-mail notice by emailing CAT at shannon@compaccesstech.com. With respect to CAT’s notices to you, CAT may provide notice of amendments by posting them through any of the Sites and you agree to check for changes. Notice shall be deemed given 24 hours after it is posted.

 

20. GENERAL TERMS.

          (a) Third Party Beneficiaries. CAT’s Affiliates are intended third party beneficiaries under these Terms with the right to enforce the provisions that directly concern the Sites or Content to which they have rights.

          (b) Assignment. You may not assign, delegate or transfer these Terms or any of your rights or duties hereunder, and any attempt to do so will be null and void.

          (c) Integration. These Terms set forth the entire understanding of the parties and supersede any and all prior oral and written agreements or understandings between the parties regarding the subject matter of these Terms. These Terms may not be modified by you except upon written consent of CAT. The waiver by either party of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.

          (d) Severability. If, for any reason, any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

          (e) No Legal Relationship. These Terms and your use of the Sites, including the submission of Provided Content, do not, and shall not, be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and CAT or any of its Affiliates. 

          (f) Jurisdiction and Venue. THESE TERMS will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles (whether of Colorado or another jurisdiction). You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state courts sitting in Colorado Springs, Colorado, and the federal courts sitting in Denver, Colorado. Any litigation shall proceed solely on an individual basis without the right for any claims to be litigated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. A court’s authority to resolve and make awards is limited to claims between you and CAT alone. In any dispute, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and expenses from the other party. Notwithstanding anything to the contrary herein, nothing in these Terms is intended to, or does, create a private right of action for any matter for which CAT provides an internal or arbitral remedy.

         (g) Void Where Prohibited. The Sites are accessible by users throughout the world. CAT products, services and offers may not be available in your state or community. The information provided through the Sites is not an offer of products or services where CAT is not doing business or where prohibited by law.