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Terms of Use

Terms of Use

Effective Date: October 25, 2012

The ConnectToTech Website located at www.connecttotech.org (the “ConnectToTech Website”) is provided by ConnectToTech, Inc. (“ConnectToTech”) subject to your compliance with all of the terms, conditions, and notices contained or referenced herein (the “Terms of Use”). By accessing or using the ConnectToTech Website, you (“you” or “User”) signify that you have read, understand and agree to be bound by these Terms of Use.

PLEASE REVIEW THESE TERMS OF USE PRIOR TO ACCESSING THE CONNECTTOTECH WEBSITE AS THESE TERMS OF USE CONTAIN IMPORTANT, LEGALLY BINDING RIGHTS, OBLIGATIONS AND RESTRICTIONS OF USING THE CONNECTTOTECH WEBSITE.

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

YOU HEREBY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THESE TERMS OF USE EVERY TIME YOU ACCESS THE CONNECTTOTECH WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS STATED IN THESE TERMS OF USE, PLEASE DO NOT USE THE CONNECTTOTECH WEBSITE. BY USING THE CONNECTTOTECH WEBSITE, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS OF USE.

These Terms of Use set out the legally binding terms of your use of the ConnectToTech Website. ConnectToTech reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If ConnectToTech does this, ConnectToTech will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the ConnectToTech Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the ConnectToTech Website. It is your responsibility to regularly check the ConnectToTech Website to determine if there have been changes to these Terms of Use and to review such changes.

ConnectToTech reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the ConnectToTech Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. ConnectToTech expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of the ConnectToTech Website if it determines, in its sole discretion, that you have violated these Terms of Use or pose a threat to ConnectToTech and/or other users.

  1. Eligibility

Use of the ConnectToTech Website is void where prohibited. By agreeing to these Terms of Use or by using the ConnectToTech Website, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use.

  1. Services

 

ConnectToTech reserves the sole right to either modify or discontinue the ConnectToTech Website, including any features therein, at any time with or without notice to you. ConnectToTech shall not be liable to you or any third party should ConnectToTech exercise such right. Any new features that augment or enhance the then-current services on the ConnectToTech Website shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through the ConnectToTech Website may occur as normal events. You further understand and agree that ConnectToTech has no control over third party networks you may access in the course of your use of this site, and therefore, delays and disruption of other network transmissions are completely beyond its control.

You understand and agree that the services available on the ConnectToTech Website are provided “AS IS” and that ConnectToTech assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User Content (defined below), communications or personalization settings.

  1. Proprietary      Rights in Site Content; Limited License

All content on the ConnectToTech Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of ConnectToTech, or its licensors with all rights reserved. Site Content is protected by copyright, trademark, patent, trade secret and other laws, and ConnectToTech owns and retains all rights in and to the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ConnectToTech’s prior written consent, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the ConnectToTech Website.

Provided that you are eligible to use the ConnectToTech Website, you are granted a limited license to access and use the ConnectToTech Website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the ConnectToTech Website or the Site Content other than as specifically authorized herein, without the prior written consent of ConnectToTech, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

  1. User Content

ConnectToTech does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through the ConnectToTech Website (“User Content”). You are solely responsible for the User Content that you post on or through the ConnectToTech Website, and any material or information that you transmit to other Users and for your interactions with other Users. After posting your User Content to the ConnectToTech Website, you continue to retain any such rights that you may have in your User Content, subject to the license granted herein. By displaying or publishing (“posting”) any User Content on or through the ConnectToTech Website, you hereby grant to ConnectToTech a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through the ConnectToTech Website, including without limitation distributing part or all of the ConnectToTech Website in any media formats and through any media channels. The license you grant to ConnectToTech for User Content is non-exclusive (meaning you are free to license User Content to anyone else in addition to ConnectToTech), fully-paid and royalty-free (meaning that ConnectToTech is not required to pay you for the use on the ConnectToTech Website of the User Content that you post), sublicensable (so that ConnectToTech is able to use Internet content delivery networks and wireless carriers to provide the ConnectToTech Website), and worldwide (because the Internet and ConnectToTech services are global in reach).

User represents and warrants that: (i) you own the User Content posted by you on or through the ConnectToTech Website or otherwise have the right to grant the license set forth in this Section 4, and (ii) the posting of User Content on or through the ConnectToTech Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you on or through the ConnectToTech Website.

ConnectToTech may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of ConnectToTech violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ConnectToTech assumes no responsibility for monitoring the ConnectToTech Website for inappropriate User Content or conduct. If at any time ConnectToTech chooses, in its sole discretion, to monitor the ConnectToTech Website, ConnectToTech nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

  1. Prohibited      Content/Activity

The following are examples of the kind of content that is illegal or prohibited to post on or through the ConnectToTech Website (“Prohibited Content”). ConnectToTech reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, removing the offending content from the ConnectToTech Website and terminating the access of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of ConnectToTech:

    1. is patently offensive and promotes racism, bigotry,       hatred or physical harm of any kind against any group or individual;
    1. harasses or advocates harassment of another person;
    1. exploits people in a sexual or violent manner;
    1. contains nudity, excessive violence, or offensive       subject matter;
    1. solicits personal information from anyone under the       age of 13;
    1. publicly posts information that poses or creates a       privacy or security risk to any person;
    1. constitutes or promotes information that you know       is false or misleading or promotes illegal activities or conduct that is       abusive, threatening, obscene, defamatory or libelous;
    1. constitutes or promotes an illegal or unauthorized       copy of another person's copyrighted work;
    1. furthers or promotes any criminal activity or       enterprise;
    1. involves commercial activities and/or sales without       prior written consent from the ConnectToTech Website such as contests,       sweepstakes, barter, advertising, or pyramid schemes;
    1. includes a photograph, video or other media of       another person that you have posted without that person’s consent; or
    1. violates the privacy rights, publicity rights,       copyrights, trademark rights, contract rights or any other rights of any       person.
  1. Third Party      Websites

 

ConnectToTech may, at its discretion, provide Users access to certain third party external websites (“Third-Party Websites”). Additionally, Users may have the option to provide links and information regarding access of Third-Party Websites. If a User decides to leave the ConnectToTech Website and access the Third-Party Website or to use or install any applications, software, or content accessible by way of Third-Party Websites, User does so at User’s own risk and User should be aware that these Terms of Use and ConnectToTech’s Privacy Policy no longer govern. Users should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website to which Users may navigate from the ConnectToTech Website or relating to any applications you use or install from the Third-Party Website.

ConnectToTech hereby disclaims any and all loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with the User’s access of a Third-Party Website. Links or other methods of access to Third-Party Websites and/or their respective products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ConnectToTech. ConnectToTech hereby waives any connection, endorsement, or recommendation of and to Third-Party Websites that may be implied from access to Third-Party Websites by way of ConnectToTech.

 

  1. Disclaimers
        
        

ConnectToTech is not responsible for any incorrect or inaccurate User Content or any other third party content posted on the ConnectToTech Website, whether made or caused by users of the ConnectToTech Website, ConnectToTech’s advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the ConnectToTech Website.

CONNECTTOTECH IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF CONNECTTOTECH. UNDER NO CIRCUMSTANCES WILL CONNECTTOTECH BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE CONNECTTOTECH WEBSITE, ANY CONTENT POSTED ON THE CONNECTTOTECH WEBSITE OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE CONNECTTOTECH WEBSITE, WHETHER ONLINE OR OFFLINE.

ConnectToTech assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user communications. ConnectToTech is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. ConnectToTech is not responsible for any injury or damage to any computer equipment belonging to any user of the ConnectToTech Website, any USER or any other person related to or resulting from use of the ConnectToTech Website, viewing, playing or downloading any materials on or from the ConnectToTech Website. The ConnectToTech Website is provided “AS IS” and, except as otherwise prohibited by applicable law, ConnectToTech expressly disclaims any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. ConnectToTech cannot guarantee and does not promise any specific results from use of the ConnectToTech Website. No advice or information, whether oral or written, obtained by you from ConnectToTech or from or through the ConnectToTech Website shall create any warranty not expressly stated herein.

  1. Limitation on      Liability

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,IN NO EVENT SHALL CONNECTTOTECH BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CONNECTTOTECH WEBSITE, EVEN IF CONNECTTOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CONNECTTOTECH’S LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USER TO CONNECTTOTECH FOR THE USE OF THE CONNECTTOTECH WEBSITE.

  1. Disputes

If there is any dispute between you and ConnectToTech about or involving the ConnectToTech Website, by using the ConnectToTech Website, you agree that the dispute shall exclusively be governed by the laws of the State of New York without regard to its conflict of law provisions. The state and federal courts located in Suffolk County, New York shall have exclusive jurisdiction for the resolution of any such dispute.

  1. Indemnity

 

You agree to indemnify and hold ConnectToTech and its subsidiaries, affiliates, officers, agents, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the ConnectToTech Website (including the posting by you of any User Content) in violation of these Terms of Use, (b) any other breach of these Terms of Use by you, or (c) any breach of your representations and warranties set forth above.

  1. Procedure for      Copyright Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ConnectToTech’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying ConnectToTech that your copyrighted material has been infringed.

  1. A description of the copyrighted work that you claim has been infringed upon;
  1. A description of where the material that you claim is infringing is located on the ConnectToTech Website;
  1. Your address, telephone number, and e-mail address;
  1. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  1. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ConnectToTech’s copyright agent for notice of claims of copyright infringement on the ConnectToTech Website can be reached as follows:

Mail:               ConnectToTech, Inc.

                        8 Old Post Lane

                        Saint James, NY 11780

                                                Attn.: Copyright Agent

                        Telephone:      (631) 361-8997

                        Facsimile:       (631) 361-8997

                        Email:              This email address is being protected from spambots. You need JavaScript enabled to view it.

  1. Other

These Terms of Use, together with ConnectToTech’s Privacy Policy, and any notices regarding the ConnectToTech Website sent to you or posted on the ConnectToTech Website, all of which are incorporated herein by this reference, contain the entire agreement between you and ConnectToTech regarding the use of the ConnectToTech Website. ConnectToTech’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid or unlawful, the remainder of these Terms of Use shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case these Terms of Use will terminate.

  1. Contact

 

If a User has any questions, comments or concerns regarding these Terms of Use, you may contact ConnectToTech through the “Contact Us” page on the ConnectToTech Website located at http://www.connecttotech.org/contact-us.