CHEYTEC TELECOMMUNICATIONS WEBSITE TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the website located at www.cheytacfinance.com and www.cheytec.com (the “Website”), operated by Cheytac Finance, LLC (doing business as Cheytec Telecommunications), its subsidiaries, and affiliates (collectively, “Cheytec Telecommunications,” “we,” “us,” or “our”). The Website is the property of Cheytec Telecommunications.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

Cheytec Telecommunications reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Cheytec Telecommunications grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

1. DESCRIPTION OF SERVICES

We provide “Visitors” and “Registered Users” with access to the Website as described in these Terms of Use.

Visitors. Visitors, as the name implies, are people or entities who visit the Website or request additional information from us, but do not sign in as Registered Users. They can (i) view all publicly accessible content, and (ii) contact us.

Registered Users. Registered Users are people or entities who register to use certain restricted sections of the Website. Login is required for all Registered Users. Registered Users can do all the things that Visitors can do, and may access and use certain restricted sections of the Website.
We are under no obligation to accept any individual as a Registered User, and may accept or reject any Registered User in our sole and complete discretion.

2. USE OF THE WEBSITE

By accessing or using the Website, you hereby agree that:

You will not use the Website for any unlawful purpose.

You will not use automated means, including deep-linking, page-scraping, spiders, robots, crawlers, data mining tools, or any other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Cheytec Telecommunications server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Cheytec Telecommunications, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Cheytec Telecommunications’ systems or networks, or any systems or networks connected to the Website or to Cheytec Telecommunications.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Cheytec Telecommunications on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Cheytec Telecommunications or others.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice and without liability to you, if you fail to adhere to these guidelines.

3. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Registered Users, we will ask you to create an account, which includes a user name (“User Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each User Name and corresponding Password can be used by only one Registered User. You are solely responsible for maintaining the confidentiality and use of your User Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or User Name, or change any Unique Identifier. We reserve the right to delete or change your Password, User Name, or Unique Identifier at any time and for any reason. Cheytec Telecommunications will not be liable for any loss or damage caused by any unauthorized use of your account.

4. INTELLECTUAL PROPERTY

The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Cheytec Telecommunications (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.If you violate any part of these Terms of Use, your permission to access or use the Content and the Website automatically terminates.

The trademarks, service marks, and logos of Cheytec Telecommunications (“Cheytec Telecommunications Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Cheytec Telecommunications. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Cheytec Telecommunications Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cheytec Telecommunications Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

5. COMMUNICATIONS TO US

Although we encourage you to e-mail or message us, we do not want you to, and you should not, e-mail or message us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

6. DISCLAIMERS; LIMITATION OF LIABILITY

Cheytec Telecommunications does not promise that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its Content are delivered on an “as-is” and “as-available” basis. All information provided on the Website is subject to change without notice. Cheytec Telecommunications cannot ensure that any files or other data you download from the website will be free of viruses or contamination or destructive features. Cheytec Telecommunications disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Cheytec Telecommunications disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website or any Cheytec Telecommunications services. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against Cheytec Telecommunications for dissatisfaction with the Website or any Content is to stop using the Website or any such Content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Cheytec Telecommunications reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Webite, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Except where prohibited by law, in no event will Cheytec Telecommunications be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Cheytec Telecommunications has been advised of the possibility of such damages.

7. EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

8. INDEMNIFICATION

You will defend, indemnify, and hold harmless Cheytec Telecommunications and our respective officers, directors, members, managers, employees, and agents from any and all liabilities, costs, damages, and expenses (including reasonable attorneys’ fees) in connection with any third-party action, claim, or proceeding (each, a “Claim”) arising from your breach of these Terms of Use or your access to, use, or misuse of the Website or the Content. We shall promptly notify you of any Claim.

9. COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10. TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

11. GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Use are governed by the laws of the State of New Jersey, without respect to its conflict of law provisions. You expressly agree: (1) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey (specifically, the Superior Court of New Jersey, Middlesex County, and the United States District Court for the District of New Jersey, Newark Vicinage); and (2) that the Website shall be deemed passive and does not give rise to personal jurisdiction over Cheytec Telecommunications, either specific or general, in jurisdictions other than New Jersey.

12. MISCELLANEOUS

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Terms of Use will remain in full force and effect.

The following provisions will survive any expiration or termination of these Terms of Use: “Intellectual Property,” “Communications to Us,” “Disclaimers; Limitation of Liability,” “Indemnification,” “Termination,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. These Terms of Use comprise the entire agreement between you and Cheytec Telecommunications regarding the subject matter of these Terms of Use, and there are no agreements, understandings, promises, or conditions, oral or written, express or implied, concerning the subject matter of these Terms of Use that are not merged herein or superseded hereby. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

© Copyright 2016 Cheytac Finance, LLC (doing business as Cheytec Telecommunications). All rights reserved.

Updated by Cheytec Telecommunications on April 28, 2016.

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