TERMS AND CONDITIONS

Continental Electronics Corporation Website Terms and Conditions
Last Updated: August 2024

The following terms and conditions (“Terms”) apply and govern your access to, and use of, the Continental Electronics Corporation (“CEC”) website and content made available through your access to the site, including texts, graphics, designs, images, logos, videos, code, or other content (the “Site”). These Terms also apply to information collected through the Site and our storage, use, and sharing of this information. These Terms should be read in conjunction with the CEC Privacy Notice. By accessing the Site, you acknowledge and agree that you have been advised of these Terms, and your use of the Site constitutes your agreement to these Terms and consent to CEC’s Privacy Notice.

IF YOU CHOOSE NOT TO AGREE TO THESE TERMS OR CONSENT TO THE PRIVACY NOTICE, YOU MAY NOT USE THIS SITE. These Terms do not alter in any way any other agreement you may have with CEC, whether it be for products, services, or otherwise. In the event of any inconsistency between these Terms and another executed written agreement you may have with CEC for products, services, or otherwise, that agreement shall be given precedence.

CEC reserves the right, in its sole discretion, to change these Terms or the Privacy Notice in whole or in part from time to time. Any changes to these Terms or the Privacy Notice shall be effective as of the time of posting, or such a later date as may be specified therein. By accessing the Site following the effective date of a change to these Terms or the Privacy Notice, you acknowledge and agree that you have been advised of the changes to the Terms and the Privacy Notice, and your continued use of the Site constitutes your agreement to these changes to the Terms and consent to the Privacy Notice. You agree that it is your responsibility to review the Terms and the Privacy Notice for changes before each use of the Site. CEC reserves the right, in its sole discretion, to change certain aspects of the Site, including the access, functionality, and content, from time to time.

ACCESS TO THE SITE AND USER CONDUCT

By accepting these Terms, CEC grants you a limited, personal, non-exclusive, non-transferable license to access and use the Site solely for your personal and general informational purposes. Certain portions of the Site may contain additional terms and conditions, and you may be subject to further permissions and/or restrictions while using or accessing these portions of the Site. As a user of this Site, you agree that you will not engage in the following conduct:

1.  Modifying, copying, forwarding, distributing, displaying, performing, publishing, or disclosing any part of the Site in any medium without CEC’s consent.
2. Accessing or using the Site by an automated system, including “bots,” “spiders,” or other data mining or data-gathering or extraction tools.
3. Attempting to bypass, interrupt, interfere with, intercept, compromise, or decipher the normal operation, security, traffic, or transmissions to or from the Site.
4. Attempting to “frame,” repurpose, circumvent, or conceal the Site (or any portions thereof).
5. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity or hiding (or attempting to hide) your identity.
6. Decompiling, analyzing, or otherwise seeking to reverse-engineer the Site (or any portions or components thereof or used in connection therewith).
7. Attempting to post any content that may be considered misleading, fraudulent, libelous, slanderous, defamatory, inflammatory, and/or obscene, or that may be construed as serving to advertise, promote, or solicit for any individual or entity.
8. Accessing or using this Site in any way which violates any relevant applicable laws or regulations.

You agree that any use of the Site not expressly permitted by the Terms is a per se breach of the Terms and may constitute a violation of applicable laws. Although CEC has no obligation to monitor the Site, CEC may do so at any time and in its sole discretion. CEC reserves the right, in its sole discretion, to further limit or revoke this license and/or terminate your access to and use of the Site (or portions thereof) at any time, without notice, and for any reason, including any possible or alleged misuse, fraud, or misconduct by you or by any person accessing or using the Site under your user name and password. CEC reserves the right to provide information obtained from your access to and use of the Site for investigations by law enforcement.

Certain portions of the Site may require you to complete a registration process, create an account, or provide feedback, and you may be required to provide CEC with certain information to do so. You agree that you will provide true, current, complete, and accurate information, as prompted by the Site. You agree the Privacy Notice governs all information you provide to the Site, and you consent to all actions we take with respect to your information consistent with the Privacy Notice. CEC cannot guarantee the Site’s security, and you agree that you provide personal information at your own risk.

You may be required to register or create an account to access certain portions of the Site. Accounts are nontransferable. You agree that you will not allow an unauthorized person to access or use the Site with your username, password, or account. You agree that you will not use another person’s username, password, or account to access or use the Site. You agree that you are solely responsible for maintaining the security and confidentiality of your password and account. You agree to notify CEC immediately of any unauthorized use of your username, password, account, or any other breach of security. CEC cannot verify that a user accessing a secured portion of the Site is the person authorized to do so, and as such you are solely liable for any and all activities that occur or are attempted under your user name, password, or account, and you agree that CEC is not liable for any loss that you may incur as a result of an unauthorized person using your user name, password, or account. You acknowledge and agree that you may be held liable for losses incurred by a third party because of an unauthorized person using your username, password, or account.

CONTENT AND LINKS

CEC is not responsible if information made available on the Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

CEC owns the Site and its contents and functionality, and it is protected by copyright, trademark, and other intellectual property or proprietary rights laws as well as other applicable laws. Subject to the Terms and the Privacy Notice, the Site may be copied or printed in hard copy for internal informational and non-commercial purposes only, provided you do not modify the content of the copies. Unless otherwise permitted by CEC, you may only provide links to the Site for external informational and non-commercial purposes. You may not use the content of the Site for marketing, advertising, or public relations purposes. CEC neither warrants nor represents that your use of the Site’s content will not infringe the rights of third parties. No right, title, or interest in or to
the Site, its contents, or functionality is transferred to you, and all rights not expressly granted are reserved by CEC.

You retain all ownership rights of your personal content submitted to the Site. Notwithstanding the foregoing, by submitting your content, subject to the terms of the Privacy Notice, you grant CEC an unrestricted, 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 in connection with CEC or its products and/or services. You acknowledge that you may be able to access or use third-party content or sites through your access to or use of the Site. You acknowledge that you may be able to access or use the Site through your access to or use of third-party content or sites. CEC cannot guarantee that third-party content or sites are safe to access or use or are free from objectionable material. Different terms and conditions may apply to your access to or use of any third-party content or sites. You agree that you are solely liable for your access to or use of third-party content or sites, and you agree that CEC is not liable for your access to or use of any thirdparty content or site. Reference to any products, services, processes, or other content by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by CEC.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. CEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL  AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CEC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. CEC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CEC NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, CEC’s REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CEC, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CEC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE
SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CEC IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND CEC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless CEC and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. CEC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CEC in the defense of such matter.

COMPLIANCE WITH LAW

You agree to use the Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of CEC, negatively reflect on the goodwill or reputation of CEC and shall take no actions which would cause CEC to be in violation of any laws, rulings or regulations applicable to CEC. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content (including any software or the Services) or Information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

The laws of the State of Texas govern these Terms and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the County of Harris, Texas for any action arising out of or relating to these Terms. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, this Site may not be used by you. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

CEC reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Site after any changes to the Terms or other policies means you accept the changes.

This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and CEC with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms will be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.

If you have any questions or comments about these Terms or this Site, please contact us at info@contelec.com or at 4212 South Buckner Blvd., Dallas, Texas 76227