Terms of Service
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Terms of Service

These Terms of Service, together with our Privacy Policy govern your access to and use of the website (the “Colombix Site” or the “Site”). These Terms of Service and any additional terms and conditions, policies, agreements and disclosures to which you have agreed are hereafter referred to collectively as the “Agreement”. Please read these Terms of Service carefully.

Your use of the Colombix is governed by the version of the Terms of Service in effect on the date of use.Colombix may modify the Terms of Service at any time and without prior notice. By using and accessing the Colombix , you acknowledge and agree to review the most current version of these Terms of Service prior to each such use. Your continued use of and access to the Сolombix constitutes your acknowledgement of, and agreement to, the then current Terms of Service. Please also note that the provisions of these Terms of Service are in addition to any other agreements between you and Colombix, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Colombix.

Colombix reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Colombix and/or to suspend and/or deny access to the Colombix for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Colombix may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Colombix does not undertake any obligation or responsibility to update or amend any such information. Colombix may discontinue or change any product or service described in or offered on the Colombix at any time without prior notice. Colombix further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Colombix at any time and for any reason. You agree that Colombix and its affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Authorized User

Some of our services, and certain pages of the Colombix, are available only to clients or users who have been authorized by us to access those services and web pages. Such authorization may require, among other things, satisfactory background information screening.

Unauthorized use of the Colombix and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of Colombix systems and/or any restricted areas of the Colombix Site, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Colombix in any manner that could damage, disable, overburden, or impair the Colombix or service or interfere with any other party’s use and enjoyment of the Colombix or service. You may not attempt to gain unauthorized access to the Colombix or any service, computer systems or networks connected to the Colombix Site, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Site. You agree that you will not engage in any activities related to any Colombix that are contrary to these Terms of Service and/or any applicable laws or regulations. You agree to notify us immediately in the event that you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.

Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at [email protected]

Disclaimer of Warranty and Limitation of Liability

THE INFORMATION, PRODUCTS AND SERVICES ON THE COLOMBIX ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. COLOMBIX DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON THE COLOMBIX AND/OR YOUR USE OF THE COLOMBIX GENERALLY, OR FOR ANY PARTICULAR PURPOSE, AND COLOMBIX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COLOMBIX WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, COLOMBIX CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER COLOMBIX, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY (COLLECTIVELY, THE “COLOMBIX PARTIES”), WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF ANY COLOMBIX SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING ANY COLOMBIX SITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREBY AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF ANY COLOMBIX OR THE MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF COLOMBIX OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.

IN NO EVENT WILL COLOMBIX OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF COLOMBIX OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. COLOMBIX CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE COLOMBIX SITE.

Proprietary Rights

All right, title and interest in the Colombix and all content contained herein is the exclusive property of Colombix, except as otherwise stated. Unless otherwise specified, the Colombix is for your personal or internal business use only. You may print, copy and download limited amounts of information and content from the Colombix Site; provided that it is solely for your personal or internal business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Colombix Site, except for the purposes expressly provided herein, without Colombix prior written approval. If you copy or download any information or software from a Colombix Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Colombix, the Colmbix logo, and other Colombix trademarks and service marks referenced herein are trademarks and service marks of Colombix. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Colombix or the applicable third party rights holder.

User Submitted Information

As a user of the Colombix Site, you may be permitted to post certain user submitted content on various portions of the Colombix Site. For the purposes of this Agreement, all content, information and materials posted, uploaded, submitted, published or otherwise displayed through a Colombix shall be referred to as “User Submitted Content”. You are solely responsible for all User Submitted Content that you post, upload, submit, publish or otherwise display through a Colombix Site. You expressly acknowledge and agree that all User Submitted Content will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

Not contain any content that is inaccurate, harassing, libelous, abusive, obscene, discriminatory or otherwise objectionable;

Not contain any software viruses, worms or other programs that may interfere with the functionality of the Colombix or with any user of the Colombix Site;

Not infringe any intellectual property or other proprietary rights of any party;

Not contain any information that you do not have a right to upload under any law or under contractual or fiduciary relationships;

Not pose or create a privacy or security risk to any person;

Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and/or

Contain material that, in the sole judgment of Colombix, is objectionable or restricts or inhibits any other person from using or enjoying the Colombix and/or which may expose Colombix or its users to any harm or liability of any type.

Colombix reserves the right to investigate and take appropriate legal action against anyone who, in Colombix’ sole discretion, violates the terms of this Agreement regarding User Submitted Content, including without limitation, by removing the offending User Submitted Content from the Colombix Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities without notice.

Use of Links

The Colombix Sites may contain links to third party websites and/or services (each, a “Third Party Site”). These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Colombix of any information contained in any Third Party Site. In no event shall Colombix be responsible for the information contained on any Third Party Site and/or your use of or inability to use such site. You should also be aware that the terms and conditions and privacy policy of each Third Party Site will be different from those applicable to your use of the Colombix Site. You should contact the operator of the applicable Third Party Site for any information regarding that site’s terms and conditions and/or privacy policy.

Third Party Content

Certain portions of the Colombix may contain unedited or third party content, including, without limitation, User Submitted Content. All User Submitted Content and all other postings, messages, text, images, links to third-party websites or other materials published on or otherwise made available by parties other than Colombix(such content, the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and Colombix may not monitor and does not control such Third Party Content, although Colombix reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Colombix makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. Your use of such Third Party Content may be subject to the terms of service or user agreement of such Third Party Content provider

Claims of Copyright Infringement

Copyright Complaints: Colombix respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Colombix in accordance with the procedure set forth below.

Colombix will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

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