Welcome to the ConnXus (“ConnXus”) website (the “Site”). Your use of the Site is governed by and subject to these Terms of Use, our Privacy Notice, and all applicable laws and regulations. By using this Site, you agree to be bound by these Terms of Use and our Privacy Notice, which is hereby incorporated by reference into these Terms of Use. If you do not agree with any of these Terms of Use or our Privacy Notice, please do not use this Site.
ConnXus reserves the right to update or change these Terms of Use at any time and for any reason, without notice. By continuing to use the Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version for your records. All such changes are hereby incorporated by reference into these Terms of Use. For your information, the date of the last update to these Terms of Use is posted at the top of this page.
AGREEMENT TO CONTRACT ELECTRONICALLY
You agree that this electronic Terms of Use agreement, combined with your accessing and using this Site or clicking on “I Agree,” have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Terms of Use agreement. You warrant, as a condition of the use of the Site, that you will not use the Site for any purpose that is unlawful, infringes on the rights of others, or is prohibited by these Terms of Use. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and 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. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
MODIFICATIONS
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.
MONITORING
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.
CONTENT
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.
Third-Party Links and Materials: This Site may contain links to third-party websites, and other websites and resources may provide links to this Site (such websites collectively, “Third Party Sites”). We do not endorse the content on Third Party Sites. The links are provided for your convenience only. We have no control over the content on Third Party Sites; therefore, we are not responsible or liable for the availability of, or any content, advertising or products on or available from such Third Party Sites. You agree that ConnXus is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Site. You acknowledge that it may be necessary or appropriate to use the services, software, technology, data, and/or other content of third parties (collectively, “Third Party Materials”) either independently or in conjunction with certain features available through the Site. Such Third Party Materials may be downloaded to and/or stored on your computer or otherwise employed in conjunction with certain aspects of the Site without notice. Your use of Third Party Materials may be subject to terms established by third-party providers, which may be different from these Terms of Use. Further, Third Party Materials may be sourced either through the Site or through a third-party website. You agree that ConnXus assumes no liability with respect to your use of such Third-Party Materials.
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.
If you do post content or submit material, and unless we indicate otherwise, you grant ConnXus and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ConnXus and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use or the Privacy Notice and will not cause injury to any person or entity; and that you will indemnify ConnXus or its associates for all claims resulting from content you supply.
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.
PRODUCT DESCRIPTIONS
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.
PRIVACY
Certain features available on the Site may ask you to register or provide personal information, such as your name, address, phone number, and e-mail address. During submission of any personal information, you agree to provide true, accurate, current, and complete information about yourself, subject to all applicable laws. ConnXus endeavors to use all information that is collected from and/or about you in connection with your use of the Site in accordance with applicable laws, these Terms of Use, and the Privacy Notice.
WARRANTY
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.
DISPUTES
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents, information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us. If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with the provisions below. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Any dispute relating in any way to your visit to ConnXus or to products you purchase through ConnXus shall be submitted to confidential arbitration in Ohio, except that, to the extent you have in any manner violated or threatened to violate ConnXus’ intellectual property rights, ConnXus may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court.
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.
Entire Agreement. These Terms of Use and the Privacy Notice constitute the entire agreement between you and ConnXus and govern your use of the Site, superseding any prior agreements between you and ConnXus. When you use affiliate services or any third-party content, you may be subject to additional terms. The failure of ConnXus 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 found by a court of competent jurisdiction to be invalid, the parties agree that the court should nevertheless give effect to the parties’ intentions as reflected in such provision; all other provisions shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of or access to the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred, notwithstanding any contrary statute or law.
Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ConnXus without restriction.
Indemnification. You agree to defend, indemnify, and hold ConnXus and its affiliates, employees, contractors, directors, officers, trustees, agents, representatives, and other third parties assisting in the operation of the Site harmless from all claims, liabilities, and expenses (including attorneys’ fees) that may arise from (A) User Submissions you post, submit, or transmit through the Site (including any links to other websites or resources contained in such User Submissions); (B) your use of or access to the Site or User Submissions; (C) your participation in any activities arising from the Site or User Submissions; (D) your connection to the Site or User Submissions; (E) your breach of this Terms of Use agreement; and/or (F) your violation of any rights of a third party. ConnXus reserves the right (but not the obligation), at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ConnXus, and you agree to cooperate with ConnXus’ defense of these claims.
Applicable Law and Jurisdiction. The Site is controlled by ConnXus from its offices in and around Mason, Ohio. This Terms of Use agreement is governed and controlled by the laws of the State of Ohio. By accessing and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be heard and resolved in a court located in Cincinnati, Ohio. You consent to personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Mason, Ohio, you will be responsible for compliance with all local laws of such other locations. A printed version of this Agreement with respect to the Site and of any notice given in electronic form is admissible in judicial and administrative proceedings.
CONTACT US
Questions regarding our Terms of Use, Privacy Notice, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the menu. Or you can email us at support@connXus.com.
