Connected Technology Terms Of Use

This site (“Site”) is owned and operated by Connected Technology, LLC (“CT”). Please review the following rules, terms and notices that govern use of this Site (the “Terms”). BY USING THIS SITE, YOU (“YOU” or “YOUR”) AGREE TO ACCEPT THE TERMS, CONDITIONS, AND NOTICES CONTAINED ON THIS SITE AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THIS SITE. CT reserves the right, in its sole discretion, to change these Terms and make any changes to the Site, information contained therein, software, documents, publications, prices, technical specifications, service offerings and any other information and materials within the Site at any time and without prior notice, effective immediately upon posting such changes on the Site. If you do not agree to be bound by these Terms, please do not use this Site. CT is not responsible for typographical or photographic errors on this Site. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS SITE. YOU MAY NOT ACCESS OR USE THIS SITE UNLESS YOU AGREE TO SUCH TERMS, CONDITIONS AND NOTICES.
CT makes no representation that this Site is appropriate or available for use in all jurisdictions. CT products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Site on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify You and CT for violations of these Terms.

CONFIDENTIALITY OF CT INFORMATION
You may obtain direct access via the Site to certain confidential information of CT, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right to Confidential Information remain with CT. Upon termination of the Terms or CT’s written request, You must cease use of Confidential Information and return or destroy it.
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from CT, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) is disclosed in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to CT adequate to afford CT the opportunity to object to the disclosure.

INDEMNITY
You agree to indemnify and hold CT and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.

MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
CT reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. CT may also delete, or bar access to or use of, all related Confidential Information and files. CT will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. CT may amend these Terms at any time by posting the amended terms on this Site.

ADVERTISEMENTS AND PROMOTIONS
In the event that CT runs advertisements and promotions from third parties on the Site, Your correspondence or business dealings with, or participation in promotions of, advertisers other than CT found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. CT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-CT advertisers on the Site.

CONTENT PROVIDED VIA LINKS
In the event that You find links to other Internet sites or resources on the Site, You acknowledge and agree that CT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CT will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

INTELLECTUAL PROPERTY RIGHTS
All trademarks, service marks, logos, slogans, domain names and trade names (collectively “Marks”) are the properties of their respective owners. CT disclaims any proprietary interest in Marks other than its own. All materials contained in the Site are the copyrighted property of CT, its subsidiaries, affiliated companies and/or third-party licensors. If you wish to use material contained on this Site other than for your individual review, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third-party in order to use such material. If you are not a customer of CT and wish to download and use any information contained in this Site other than for your individual review or in connection with your customer relationship or potential customer relationship with CT, contact CT so that the CT may evaluate your proposed use of CT’s Site content.

LIABILITY DISCLAIMER & DISCLAIMER OF WARRANTIES
Information or advice received from this Site should not be relied upon for personal, business, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. UNLESS OTHERWISE AGREED TO BY CT AND YOU, CT MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS SITE. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING SENTENCE, CT SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE. CT SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

GENERAL TERMS
These Terms constitute the entire agreement between You and CT relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized CT representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use CT or third-party products or services.
You agree that the material breach of certain terms contained herein will result in irreparable harm to CT for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CT will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CT seeks such an injunction.
Your use of this Site shall be construed in accordance with and governed by the internal laws (without reference to choice or conflict of laws) of the State of New York. In respect of any dispute between the parties regarding the subject matter hereof, the parties hereby irrevocably consent and submit to in personam jurisdiction in the courts of New York, Counties of Suffolk and Nassau, including the United States courts located in and for the Eastern District of New York, and to all proceedings in such courts. The parties hereby agree that such courts shall be the venue and exclusive and proper forum in which to adjudicate any case or controversy arising either, directly or indirectly, under or in connection with this Site and that they will not contest or challenge the jurisdiction or venue of these courts.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.