SUBSCRIBER AGREEMENT
This Agreement (“Agreement”) is between CT SERVICES, and an end user of the http://cts.gnesite.com website (the “Service”) as described below. In this Agreement, “you” and “your” mean the customer of the cts.gnesite.com services defined below, and “cts.gnesite.com,” “we,” “our,” and “us” mean CT SERVICES, and any authorized CT SERVICES affiliates. BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THOSE PERTINENT TO THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING IN MARKETING AND INFORMATIONAL MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON cts.gnesite.com, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICE IMMEDIATELY BY CONTACTING US.
DESCRIPTION OF SERVICE
CT SERVICES offers you access to the Service which provides you access to a collection of online services. We offer you access to the Service in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by us from time-to-time in its sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms and Conditions.
INTRODUCTION
These terms and conditions govern your use of this Service; by using this Service, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Service.
You must be at least 18 [eighteen] years of age to use this Service. By using this Service and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Service or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without Our express written consent.
This includes:
- scraping
- data mining
- data extraction
- data harvesting
- ‘framing’ (iframes)
- Article ‘Spinning’
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Our express written consent.
RESTRICTED ACCESS
Access to certain areas of this website is restricted. We reserve the right to restrict access to certain areas of this website, or at our discretion, this entire website. We may change or modify this policy without notice.
If We provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
We may disable your user ID and password at Our sole discretion without notice or explanation.
NO WARRANTIES
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, We do not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
BILLING AND PAYMENT
We will provide to you monthly updates as referred to on marketing materials.
You will be charged a flat service fee on a monthly basis according to the specific plan to which you subscribe. All such rate information will be included in the marketing materials associated with your offer and/or subscription. All fees and charges will be billed in advance.
You authorize Us to charge any amounts payable by you in connection with your use of the Service automatically by credit card. Your right to use the Service is subject to any limits established by your credit card issuer. You give Us permission to obtain authorization for use of your credit card from your credit card issuer.
You authorize Us to make direct payment by charge/draft of your credit card automatically each month until you cancel your plan. You may Contact Us to cancel your plan. Upon cancellation you will not be charged further nor will you receive any updates.
We may suspend or terminate your Account, and may terminate this Agreement, if you fail to renew your service prior to the expiration date, or if you fail to meet any or all of your payment obligations. Failure to renew Services or any suspension or termination shall result in the loss of Your access to the Service. We may, in our sole discretion, choose to restore or re-establish our provision of Services, which have been suspended or disconnected for failure to renew or nonpayment of charges, prior to payment of all charges due. Such restoration or re-establishment shall not be construed as a waiver of our right to receive full payment for all charges due or any rights to suspend or disconnect Service for failure to renew Services or nonpayment of any such charges due and unpaid or for the violation of the provisions of these Terms; nor shall the failure to suspend or disconnect Service for failure to renew or nonpayment of any past due Account or Accounts operate as a waiver or estoppel to suspend or disconnect service for nonpayment of such Account or of any other past due Account.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that We have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Us, Our officers or employees in respect of any losses you suffer in connection with the Service.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Us, Our officers, employees, agents, and subsidiaries, successors, assigns and sub-contractors..
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF CT SERVICES SERVICES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
INDEMNIFICATION
You agree to indemnify and hold Us and Our suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of any information, including but not limited to member information, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member account and/or Us and/or Our affiliates.
MODIFICATION
We reserve the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
BREACHES
Without prejudice to the rights of CT SERVICES under these terms and conditions, if you breach these terms and conditions in any way, We may take such action as We deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
We may transfer, sub-contract or otherwise deal with the rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions, together with the Privacy Policy constitute the entire agreement between you and Us in relation to your use of this Service, and supersedes all previous agreements in respect of your use of this Service.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of Panama, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Panama. This governing law provision applies no matter where you reside, or where you use or pay for the Service.
MISCELLANEOUS
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
Notices from you to Us must be provided as specified in this Agreement. A notice to you from Us under this Agreement will be provided by one or more of the following: posting on our website, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Us is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
We may change this Agreement from time to time. If we make any changes to the prices or charges, we will comply with our notice commitments described in this Agreement. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES.