Welcome. As part of the Service, CommLogix will provide you with the necessary hardware (if required), set up services and use of the Service, including access to the system, data transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement.
You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide CommLogix with valid credit card or purchase order information as a condition to signing up for the Service, except for trial periods which allow you to try the service for a limited time after which you must provide CommLogix with valid credit card or purchase order information as a condition for continued service. You must also report and pay any applicable taxes to the appropriate governmental agency. Purchase orders may be subject to credit approval.
We maintain the right to escalate our service fees upon client renewal. We will not escalate our service fees any more on a percentage basis than the relevant producer price index percentage escalation over the two most recent calendar years as published by the Bureau of Labor Statistics for similar products and services.
CommLogix will automatically renew and bill your credit card or issue an invoice to you as follows: (a) every year for annual subscriptions, or (b) upon the commencement of the annual term and then at each subsequent anniversary of that initial term for continuous annual subscriptions. The renewal charge shall be equal to the then current pricing schedule which is based on your student size, unless CommLogix notifies you in advance to the contrary. You will have 30 days after the date that any renewal fee is posted to notify CommLogix that you wish to cancel your subscription, effective on receipt of such notification. All invoices shall be due and payable within 30 days after the invoice date.
If timely payment is not received or cannot be charged to your credit card for any reason, CommLogix reserves the right to either suspend or terminate your access to the Service and account and terminate this Agreement. Any hardware that was delivered as part of the initial startup is to be returned in “like new condition” to CommLogix at the owners expense unless specific instructions stating otherwise. Any damage to the hardware will be billed to the owner and you will be obligated to pay.
If timely payment is not received or cannot be charged to your credit card for any reason, CommLogix reserves the right to either suspend or terminate your access to the Service and account and terminate this Agreement. Any hardware that was purchased as part of the start up fees is the owners to keep unless specific instructions stating otherwise. If CommLogix receives a cancellation notice from you, you will be obligated to pay balance due on your account. You agree that CommLogix may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
CommLogix and its licensors grant to you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Service (the “Content”) solely for your own internal business purposes. All rights not expressly granted by CommLogix to you are retained.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services, is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third party.
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. CommLogix shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. CommLogix maintains the right to offer advertisements on certain pages of the system.
CommLogix does not endorse any sites on the Internet which are linked through the Service. CommLogix is providing these links to you only as a matter of convenience, and in no event shall CommLogix be responsible for any content, products, or other materials on or available from such sites.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with CommLogix. To open a user account, you or your company must complete the registration process by providing CommLogix with current, complete and accurate information as prompted by the registration form. In registering for the Service, you and your company’s users agree to submit accurate, current and complete information about you and your organization, and promptly update such information. Should CommLogix suspect that such information is untrue, inaccurate, not current or incomplete, CommLogix has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. User licenses can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service.
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify CommLogix immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. CommLogix shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by CommLogix, or any transactions entered into through the Service or failure to abide by this Agreement.
CommLogix does not own any data, information or material that you submit to the Service (“Data”), unless we specifically tell you otherwise before you submit it. CommLogix will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that CommLogix does provide statistical information such as usage, average costs or time values, or user traffic patterns in aggregate form to third parties or to service subscribers, but such information will not include personally identifying information about you or your organization. CommLogix may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not CommLogix, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and CommLogix shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. For more information, please refer to CommLogix’s online privacy policy below.
CommLogix reserves the right to establish or modify general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on CommLogix’s servers on your behalf.
CommLogix, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user membership upon notice to CommLogix at any time. Upon termination, you will be granted a refund of any prepaid charges for the remaining term of your subscription starting within one month of our receipt of your notice less 20% of the prepaid balance. CommLogix shall make available a file of Licensee’s data. Licensee must make such request at the notification of termination to receive such file within (30) days of termination. In addition, CommLogix may terminate a free account if you do not first log-on within 30 days after registration or 90 days since your last log-on. Upon termination of an account, your right to use such account and the Service immediately ceases. CommLogix shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Click here to view the CommLogix privacy policy. Cookies. Cookies are files that your web browser places on your computer’s hard drive and are used to tell us whether you have visited the Service previously. CommLogix uses a persistent cookie to help save and retrieve usernames used on the Service. CommLogix issues a session cookie only to record encrypted authentication information for the duration of a specific session. The session cookie does not include either the username or password of the user.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content and CommLogix or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, stories, articles, text, images, and other multimedia data. CommLogix and/or other CommLogix products and services referenced herein are either trademarks or registered trademarks of CommLogix. The names of other companies and products mentioned herein may be the trademarks of their respective owners.
You shall indemnify and hold CommLogix, its licensors, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, consequential damages, losses, consequential losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
COMMLOGIX AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. COMMLOGIX AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II)THE SYSTEM WILL OPERATE IN A TIMELY, UNITERRUPTED OR ERROR-FREE MANER OR OPERATE POPERLY WITH ANY BUILIDING AUTOMATION SYTEMS (III) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (VI) ERRORS OR DEFECTS WILL BE CORRECTED, (VII) THE SERVICE, THE HARDWARE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMMLOGIX AND ITS LICENSORS.
IN NO EVENT SHALL COMMLOGIX’S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL COMMLOGIX AND/OR ITS LICENSORS, BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, EQUIPMENT FAILURE, DAMAGE TO EQUIPMENT OR BUILDINGS, USE OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF COMMLOGIX OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMMLOGIX’S LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.
CommLogix controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. CommLogix makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
CommLogix alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service (“Submissions”) and you agree to assign such Submissions to CommLogix free of charge. CommLogix may use such Submissions as it deems appropriate in its sole discretion.
CommLogix may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in CommLogix’s account information, or by written communication sent by first class mail to your address on record in CommLogix’s account information. You may give notice to CommLogix (such notice shall be deemed given when received by CommLogix) at any time by any of the following: electronic mail to sales@CommLogix.com; letter sent by confirmed facsimile to CommLogix at the following fax number: (919-342-6612); letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to CommLogix at the following address:
CommLogix, Inc. PO Box 549 29 East Main Street Coats, NC 27521CommLogix reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
The rights and limitations in this Agreement are also for the benefit of CommLogix’s licensors each of whom shall have the right to enforce its rights hereunder directly and on its own behalf.
This Agreement will be governed by North Carolina law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Coats, NC. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. The English language version of this Agreement shall control. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and CommLogix as a result of this agreement or use of the Service. The failure of CommLogix to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CommLogix in writing. This Agreement comprises the entire agreement between you and CommLogix and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
© Copyright 2008, CommLogix, Inc. All rights reserved. QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@CommLogix.com