This is an agreement ("Agreement") between you and Communication Power, Inc. This Agreement governs your use of any Web site or Web page operated by Communication Power, Inc.
COMMUNICATION POWER, INC. OFFERS THE COMMUNICATIONPOWERINC.COM WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE COMMUNICATIONPOWERINC.COM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS AN ASSUMPTION OF THE RISK REQUIREMENT, DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 6, 7, 8, and 9); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
- COMMUNICATION POWER, INC. MAY MODIFY THIS AGREEMENT
Communication Power, Inc. reserves the right to change the terms, conditions, and notices under which it offers the Communication Power, Inc. Web Site, including any charges associated with the use of the Communication Power, Inc. Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Communication Power, Inc. Web Site. Your continued use of the Communication Power, Inc. Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
- ADDITIONAL TERMS Any Communication Power, Inc. Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Communication Power, Inc. Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a Communication Power, Inc. Web Site, then the terms in this Agreement shall control.
- NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE COMMUNICATION POWER, INC. WEB SITE
The Communication Power, Inc. Web Site is only for your personal use, and Communication Power, Inc. grants you the limited right to view and use the Communication Power, Inc. Web Site only for the purposes of reading, obtaining information or signing up for newsletters or other services. You may not use the Communication Power, Inc. Web Site for commercial purposes. You may not use the Communication Power, Inc. Web Site in any way that is unlawful, or harms Communication Power, Inc., its affiliates, and/or partners (each, a "Communication Power, Inc. Party" and collectively, the "Communication Power, Inc. Parties") or any customer of a Communication Power, Inc. Party, as determined in Communication Power, Inc.'s sole discretion. Without limiting the generality of this section, you may not use the Communication Power, Inc. Web Site in any manner that could damage, disable, overburden, or impair any Communication Power, Inc. Web Site (or the network(s) connected to any Communication Power, Inc. Web Site) or interfere with any other party's use and enjoyment of the Communication Power, Inc. Web Site. Further, unless you have received specific written permission from Communication Power, Inc., you may not (1) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Communication Power, Inc. Web Site or (2) alter or modify any content on the Communication Power, Inc. Web Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Communication Power, Inc. Web Site and/or Applications for any commercial purpose.
- MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Communication Power, Inc. related to the Communication Power, Inc. Web Site (a "Submission"), you grant Communication Power, Inc. permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Communication Power, Inc. Web Site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Unless otherwise agreed by Communication Power, Inc. in writing, Communication Power, Inc. will not pay you for your Submission. Communication Power, Inc. may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
- COMMUNICATION POWER, INC. MAKES NO WARRANTY
COMMUNICATION POWER, INC. PROVIDES THE COMMUNICATION POWER, INC. WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMMUNICATION POWER, INC. PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE COMMUNICATION POWER, INC. PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE COMMUNICATION POWER, INC. WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND (4) LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
- LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
(a) IF YOU ARE DISSATISFIED WITH THE COMMUNICATION POWER, INC. WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY COMMUNICATION POWER, INC. PARTY WITH RESPECT TO THIS AGREEMENT OR THE COMMUNICATION POWER, INC. WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE COMMUNICATION POWER, INC. WEBSITE. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT WILL ANY COMMUNICATION POWER, INC. PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE COMMUNICATION POWER, INC. WEB SITE, EVEN IF SUCH COMMUNICATION POWER, INC. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 7 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
(c) THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
- ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AS WELL AS ANY RISK THAT THEY WILL NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. YOU AGREE THAT COMMUNICATION POWER, INC. SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
- 9. CHANGES TO THE COMMUNICATION POWER, INC. WEB SITE; ADDITIONAL LIABILITY LIMITATION
THE COMMUNICATION POWER, INC. PARTIES MAY CHANGE THE COMMUNICATION POWER, INC. WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
As you use the Communication Power, Inc. Web Site, you should expect to receive, access or use information, materials, graphics, data and content (collectively, "Content") originated by Communication Power, Inc. and persons other than Communication Power, Inc. (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 6, 7, 8, AND 9, YOU ACKNOWLEDGE AND AGREE THAT THE COMMUNICATION POWER, INC. PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 6, 7, 8, AND 9, YOU ACKNOWLEDGE AND AGREE THAT COMMUNICATION POWER, INC. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE COMMUNICATION POWER, INC. WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE COMMUNICATION POWER, INC. WEB SITE AND OTHER SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE COMMUNICATION POWER, INC. WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE COMMUNICATION POWER, INC. WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 6, 7, 8, AND 9 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
- TERMINATION; ACCESS RESTRICTION
Communication Power, Inc. may terminate this Agreement, or terminate or suspend your access to the Communication Power, Inc. Web Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Communication Power, Inc. Web Site will immediately cease.
- DISPUTE RESOLUTION, CHOICE OF LAW, AND LOCATION FOR RESOLVING DISPUTES
CHOICE OF LAW: All Claims or Disputes arising out of or relating to this Agreement will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles.
JURISDICTION AND VENUE: You hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Seattle, Washington, USA in all Disputes arising out of or relating to the use of the Communication Power, Inc. Web Site.
- YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND COMMUNICATION POWER, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMMUNICATION POWER, INC. WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- INTERPRETING THE AGREEMENT; ASSIGNMENT If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Communication Power, Inc. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Communication Power, Inc. Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Communication Power, Inc. with respect to the Communication Power, Inc. Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Communication Power, Inc. with respect to the Communication Power, Inc. Web Site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
- LINKS; ADVERTISERS The Communication Power, Inc. Website may contain links to third party sites that are not under the control of Communication Power, Inc. and Communication Power, Inc. is not responsible for any content on any linked site. If you access a third party site from the Communication Power, Inc. Website, then you do so at your own risk. Communication Power, Inc. provides links only as a convenience and the inclusion of the link does not imply that Communication Power, Inc. endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Communication Power, Inc. Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Communication Power, Inc. shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.