AGREEMENT TO CONTRACT ELECTRONICALLY
We may discontinue, add to, modify, upgrade, or replace any and all aspects of the Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any content appearing on or transmitted through the Site.
ConnXus has no obligation to monitor this Site or any use thereof or to retain the content of any user session. ConnXus reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity.
Ownership: All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ConnXus or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of ConnXus, with copyright protected by U.S. and international copyright laws. ConnXus trademarks and trade dress may not be used in connection with any product or service that is not owned by ConnXus, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ConnXus. All other trademarks not owned by ConnXus or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ConnXus or its subsidiaries.
Permitted Use of Site and Content: ConnXus grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ConnXus. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ConnXus. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ConnXus and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the ConnXus name or trademarks without the express written consent of ConnXus. Any unauthorized use terminates the permission or license granted by ConnXus. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ConnXus so long as the link does not portray ConnXus, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ConnXus logo or other proprietary graphic or trademark as part of the link without express written permission.
User Submissions. Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information (“User Submissions”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ConnXus has the right but not the obligation to monitor and edit or remove any activity or content; however, ConnXus does not regularly review User Submissions. ConnXus takes no responsibility and assumes no liability for any content posted by you or any third party.
YOUR MEMBERSHIP ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our Site only with the permission of your parent or guardian. The Site is not intended for children under the age of 13 and ConnXus does not knowingly collect any information from children under 13 years old through its website. ConnXus and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from ConnXus are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
ConnXus and its associates attempt to be as accurate as possible. However, ConnXus does not warrant that product descriptions, pricing or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by ConnXus itself is not as described, your sole remedy is to return it in unused condition. Empire Art also has the right to cancel any order based on any errors in pricing or content.
THIS SITE IS PROVIDED BY CONNXUS ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONNXUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, UNINTERRUPTED ACCESS, NONOFFENSIVE CONTENT, AND/OR NONINFRINGEMENT) AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. WHILE CONNXUS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN THIS SITE, IT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO TRUTH, ACCURACY, OR COMPLETENESS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, CONTENT, USER SUBMISSIONS, OR THIRD PARTY MATERIALS. CONNXUS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF, OR DOWNLOADING OF ANY CONTENT, USER SUBMISSIONS, OR THIRD PARTY MATERIALS FROM THE SITE. YOU (AND NOT CONNXUS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONNXUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CONNXUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, ARISING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE, CONTENT, USER SUBMISSIONS, OR THIRD PARTY MATERIALS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSMISSIONS RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE, CONTENT, USER SUBMISSIONS, OR THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION, OR OTHER FAILURE OF PERFORMANCE BY CONNXUS, ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION, OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITIES AND WARRANTIES SECTIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF CONNXUS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF THIS SECTION, IN NO EVENT WILL THE AGGREGATE LIABILITY OF CONNXUS TO YOU EXCEED THE AMOUNTS PAID BY YOU (IF ANY) FOR THE LAST 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
GENERAL LEGAL PROVISIONS
Export Laws. Software available in connection with the Site may be subject to United States export controls. Software from the Site may not be downloaded or exported (A) into (or to a national resident of) any country to which the U.S. has embargoed goods; (B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (C) in violation of any other U.S. export law. Downloading or using the software is at your sole risk.
Reservation of Rights. ConnXus reserves the right to make any changes to the Site in its sole discretion without notice to users. ConnXus reserves the right to deny or block access to the Site to anyone at anytime and to terminate this agreement at any time without notice, in its sole discretion.