These terms and conditions of use (“Terms”) govern the use of the website located at https://comarkcorp.com/ (the “Site”). The Site is a copyrighted work owned and provided by Comark LLC. (“Comark”, “us”, “our”, and “we”). By proceeding to use the Site, you agree to be bound by these Terms, in their current form and as they may be amended by Comark from time to time. If you do not accept these Terms, you must discontinue your use of the Site immediately.
Comark and its affiliates may offer additional products or services. Those additional products or services will be governed by their own terms.
The Site is offered AS-IS. Any of the content on the Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
- Access to the Site
Subject to these Terms, Comark grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
1.2 Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use the Site will cease immediately.
1.4 Modification or Suspension of the Site.
We may modify, suspend, or discontinue the Site (in whole or in part) at any time with or without notice to you. We not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Comark all rights in such Feedback and agree that Comark shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Comark will treat any Feedback you provide to Comark as non-confidential and non-proprietary. Do not submit to Comark any information or ideas that you consider to be confidential or proprietary.
- Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright law. All rights are reserved. Nothing in these Terms operates to transfer, assign or grant any of those rights to you. You must not reproduce or use images, trademarks or names displayed on the Site other than for your personal use without written permission of the owner. You may not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
You agree to indemnify and hold Comark (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site; (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. Comark reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Comark. Comark will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third Party Websites
We assume no responsibility for the content of any websites, ads or services linked on our Site, or any websites from which you have accessed our Site. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that the Site will always be available or be uninterrupted and reserve the right to suspend access to the Site without notice.
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.
- Information Published On The Website
We take reasonable precautions to ensure that information published on the Site is accurate but we do not guarantee its accuracy. You should take appropriate steps to verify information displayed on the Site before relying on it. Downloading material from the Site is done at your own risk and any materials provided via the Site are provided on an “as is” basis.
Not all information is visible by default. By using the Site you agree to the 3rd party Terms of Service provided by Google LLC.
You hereby release and forever discharge the Comark (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any third-party links, applications & ads.
- Limitation on Liability
We provide the Site without warranty of any kind. We make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date. We will not be liable for any indirect or consequential loss or damage. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site. If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
- Term and Termination
We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms, in which case your right to access and use the Site will terminate immediately. Comark will not have any liability whatsoever to you for any termination of your rights under these Terms.
11.1 Changes. We may revise these terms from time to time. If we make any substantial changes, we will notify you by prominently posting notice of the changes on our Site. The changes shall take effect immediately upon posting. If you have provided us an email address we may send notice to the last e-mail address you provided to us. Continued use of our Site following changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Electronic Communications. The communications between you and Comark use electronic means, whether you use the Site or send us emails, or whether Comark posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Comark in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Comark provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.3 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
11.4 Trademarks. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.