By accessing, viewing, or using the systems, services or materials on any of the Continuum Security Solutions websites, (e.g., “continuumww.com,” “cwc-security.com,” or other sites, which are collectively known as the “Site”), you indicate your understanding of these “Terms and Conditions of Use,” and further agree to accept such Terms and Conditions of Use and to be legally bound by them.
A. AVAILABILITY AND USE OF MATERIALS ON THE SITE
“Materials” include information, forms, documents, software and other content present on or available to you from the Site. “Software” means any computer software accessible to you on the Site. Continuum Security Solutions may revise, enhance or update the Materials at any time. You must use the latest version or newest release of the Materials in accordance with the procedures established by Continuum Security Solutions. Materials which offer descriptions or information on the products Continuum Security Solutions sells are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions. Product availability varies by state.
B. COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS
All service marks and logos located on the Site are owned by Continuum Security Solutions unless otherwise indicated. All Materials are Continuum Security Solutions’ property, unless otherwise indicated. All Materials are protected by United States copyright laws and all other applicable laws. Removal or reproduction, by any means, of any Materials, logo, trademark, service mark, or the name of Continuum Security Solutions or its affiliates, is expressly prohibited without the prior written consent of Continuum Security Solutions.
C. LICENSE TO USE MATERIALS
Continuum Security Solutions grants you a non-exclusive, non-transferable, temporary license to use Materials other than the Software. Continuum Security Solutions may revoke your license to use any Material (including Software) at any time if you fail to comply with this Agreement, or for any other reason. In no event shall the Materials be used in any manner which Continuum Security Solutions deems to be directly or indirectly in competition with Continuum Security Solutions or contrary to Continuum Security Solutions’ best interests.
D. LICENSE TO USE SOFTWARE
Permission to use the Software is granted only if you have registered to use Site segments containing Software. If you are thus permitted to use the Software, Continuum Security Solutions grants you a non-exclusive, non-transferable, temporary license to use the Software. The Software is the sole and exclusive property of Continuum Security Solutions, or Continuum Security Solutions’ third party vendor, as identified by the Software. If Continuum Security Solutions’ authorization to use third party Software expires or terminates, your license to use the Software is immediately and automatically revoked. You agree to use the Software exclusively in conjunction with the marketing of Continuum Security Solutions’ products and in accordance with procedures established by Continuum Security Solutions. Under no circumstances other than for backup or archival copying purposes may you copy the Software or any portion thereof without Continuum Security Solutions’ prior written consent. You are not otherwise authorized to copy, reverse engineer, decompile, or use the Software in any manner other than as expressly authorized in this Agreement.
If Continuum Security Solutions discloses at the time of your use or download of any Materials that Continuum Security Solutions will charge you for use of the Materials, then your use of those Materials means that you agree to pay to Continuum Security Solutions any license or use fee then being charged by Continuum Security Solutions to use specified Materials. All such fees are non – refundable.
F. COMMUNICATIONS WITH THE SITE
Except as required by privacy laws, if you elect to communicate with Continuum Security Solutions via the Site or e-mail, you acknowledge that the information contained in your message shall not be considered confidential and that Continuum Security Solutions shall be free to disclose or otherwise use such information contained therein without any liability or limitation, including but not limited to creating and marketing products and/or services using such information. Continuum Security Solutions is not responsible and shall not be liable for the contents of information, messages or other content posted to the Site by visitors or persons other than Continuum Security Solutions employees. Opinions or comments contained in such items reflect the views of the author and not of Continuum Security Solutions unless Continuum Security Solutions expressly states to the contrary.
G. LINKS TO OTHER WEBSITES
The Site may, from time to time, contain links to other Internet websites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations which Continuum Security Solutions does not control, and Continuum Security Solutions expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Continuum Security Solutions does not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Site or in the other website.
H. USE OF THE INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. While Continuum Security Solutions endeavors to apply security protocols which are necessary and appropriate to the types of electronic communications which occur through use of the Site, the confidentiality of any communication or material transmitted to or from Continuum Security Solutions via the Site, other websites or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. Continuum Security Solutions will not be liable for any loss resulting from a cause over which we have no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
I. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL CONTINUUM SECURITY SOLUTIONS BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF CONTINUUM SECURITY SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CONTINUUM SECURITY SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CONTINUUM SECURITY SOLUTIONS TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTINUUM SECURITY SOLUTIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CONTINUUM SECURITY SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
J. INDEMNIFICATION AND INJUNCTION
You agree to defend, indemnify, and hold harmless Continuum Security Solutions, and all of their respective directors, officers, employees, representatives, proprietors, partners, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of these Terms and Conditions, your negligent or intentional acts, errors or omissions in regard to the subject matter of this Agreement, or your failure to comply with applicable laws.
K. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the State of Nebraska without regard to that state’s principles of conflicts of laws. You consent to the jurisdiction of the federal and state courts presiding in Omaha, Nebraska, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Continuum Security Solutions from its offices within the United States. Continuum Security Solutions makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
L. PRODUCT NOTICE
The product information contained on this website has been prepared for informational purposes only and is not intended to constitute a solicitation or offer for sale. All products listed may not be available in all states. For further information, please contact your nearest Continuum Security Solutions Representative who can provide you with costs and complete details.