Your agreement to these terms
By using the site, you agree to these terms of use; if you do not agree, do not
use the site.
These Terms and Conditions of Use (the “Terms of Site Use”) apply to this COA Network
web site and all associated sites operated by COA Network (collectively referred
to as, the “Site”). The Site is the property of COA Network, Inc.
COA Network reserves the right, at its sole discretion, to change, modify, add or
remove portions of these Terms of Site Use, at any time. It is your responsibility
to check these Terms of Site Use periodically for changes. Your continued use of
the Site following the posting of changes will mean that you accept and agree any
changes.
As long as you comply with these Terms of Site Use, COA Network grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
Ownership of Site
COA Network administers and operates the Site from its location in New Jersey USA;
this and other COA Network sites may be administered and operated from various locations
within and outside the United States at any time, based on the sole decision of COA Network.
Your use of the Site
Except as expressly provided in these Terms of Site Use, no part of the Site and
no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way to any other computer,
server, Web site or other medium for publication or distribution or for any commercial
enterprise, without COA Network’s express prior written consent.
You may use information on COA Network products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by COA
Network for downloading from the Site, provided that you not remove any proprietary
notice language in all copies of such documents, use such information only for your
personal, non-commercial informational purpose and do not copy or post such information
on any networked computer or broadcast it in any media, make no modifications to
any such information, and not make any additional representations or warranties
relating to such documents.
You may not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any COA Network
server, or You may not probe, scan or test the vulnerability of the Site or any
network connected to the Site, nor breach the security or authentication measures
on the Site or any network connected to the Site.
You may not exploit the Site or any service or information made available or offered
by or through the Site, 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 Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Site or COA Network’s systems or networks,
or any systems or networks connected to the Site or to COA Network.
You may not use the Site or any Content for any purpose that is unlawful or prohibited
by these Terms of Site Use, or to solicit the performance of any illegal activity
or other activity which infringes the rights of COA Network or others.
You may not use or export or re-export any Content offered on the Site, in violation
of any applicable laws or regulations, including without limitation United States
export laws and regulations.
COA Network may, in its sole discretion and without prior notice, terminate your
access to the Site, for cause, which includes (but is not limited to) unexpected
technical issues or problems. You agree that COA Network will not be liable to you
or to any third party for termination of your access to the Site.
Violation of these Terms of Site Use
COA Network may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any investigation
or complaint. COA Network reserves the right at all times to disclose any information
that COA Network deems necessary to comply with any applicable law, regulation,
and legal process or governmental request.
COA Network also may disclose your information when COA Network determines that
applicable law requires or permits such disclosure, including exchanging information
with other companies and organizations for fraud protection purposes.
You acknowledge and agree that COA Network may preserve any transmittal or communication
by you with COA Network through the Site or any service offered on or through the
Site, and may also disclose such data if required to do so by law or COA Network
determines that such preservation or disclosure is reasonably necessary to comply
with legal process, enforce these Terms of Site Use, respond to claims that any
such data violates the rights of others, or protect the rights, property or personal
safety of COA Network, its employees, users of or visitors to the Site, and the
public.
You agree that COA Network may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site if
we determine that you have violated these Terms of Site Use or other agreements
or guidelines which may be associated with your use of the Site.
If COA Network does take any legal action against you as a result of your violation
of these Terms of Site Use, COA Network will be entitled to recover from you, and
you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition
to any other relief granted to COA Network. You agree that COA Network will not
be liable to you or to any third party for termination of your access to the Site
as a result of any violation of these Terms of Site Use.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively referred to as content,
“Content”), including but not limited to the design, structure, look and feel and
arrangement of such Content, contained on the Site is owned, controlled or licensed
by or to COA Network and is protected by copyright, patent and trademark laws, and
various other intellectual property rights.
Accounts, passwords and security
Certain features or services offered on or through the Site may require you to open
an account (including setting up a COA Network ID and password). You are entirely
responsible for maintaining the confidentiality of your account information, including
your password, and for any and all activity that occurs under your account. You
agree to notify COA Network immediately of any unauthorized use of your account
or password, or any other breach of security. However, you may be held liable for
losses incurred by COA Network or any other user of or visitor to the Site due to
someone else using your COA Network ID, password or account.
You may not use anyone else’s COA Network ID, password or account at any time without
the express permission and consent of the holder of that COA Network ID, password
or account. COA Network cannot and will not be liable for any loss or damage arising
from your failure to comply with these obligations.
Privacy
COA Network’s Privacy Policy applies to use of this Site. Additionally, by using
the Site, you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you send to the
Site may be read or intercepted by others, even if there is a special notice that
a particular transmission (for example, credit card information) is encrypted.
Purchases and other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or features of the Site, including contests, promotions or
other similar features. You agree to abide by such other terms and conditions, including
where applicable representing that you are of sufficient legal age to use or participate
in such service or feature. If there is a conflict between these Terms of Site Use
and the terms posted for or applicable to a specific portion of the Site or for
any service offered on or through the Site, the latter terms shall control with
respect to your use of that portion of the Site or the specific service.
COA Network’s obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided, and nothing
in this document should be construed to alter such agreements.
COA Network may make changes to any products or services offered on the Site, or
to the applicable prices for any such products or services, at any time, without
notice. The materials on the Site with respect to products and services may be out
of date, and COA Network makes no commitment to update the materials on the Site
with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately
upon posting such changes on the Site.
Links to other sites
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our visitors.
Such Linked Sites are not under COA Network’s control, and COA Network is not responsible
for and may or may not endorse the content of such Linked Sites, including any information
or materials contained on such Linked Sites. You will need to make your own independent
judgment regarding your interaction with these Linked Sites.
Void Where Prohibited
COA Network reserves the right to limit, in its sole discretion, the provision and
quantity of any feature, product or service to any person or geographic area. Any
offer for any feature, product or service made on the Site is void where prohibited.
Although the Site is accessible worldwide, not all features, products or services
discussed, referenced, provided or offered through or on the Site are available
to all persons or in all geographic locations, or appropriate or available for use
outside the United States.
If you choose to access the Site from outside the United States, you do so on your
own initiative and you are solely responsible for complying with applicable local
laws.
Disclaimers
COA NETWORK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF
THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED,
OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT
ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON
THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COA NETWORK CANNOT ENSURE THAT ANY
FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION
OR DESTRUCTIVE FEATURES. COA NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. COA NETWORK 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 SITE AND/OR ANY COA NETWORK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COA NETWORK
FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE 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.
COA Network 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 Site,
or any portion of the Site, for any reason; (2) to modify or change the Site, or
any portion of the Site, and any applicable policies or terms; and (3) to interrupt
the operation of the Site, or any portion of the Site, as necessary to perform routine
or non-routine maintenance, error correction, or other changes.
Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including
all disputes, will be governed by the laws of the United States and by the laws
of the State of New Jersey without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the state and federal courts
in Middlesex County, New Jersey and waive any objection to such jurisdiction or
venue.
Any claim under these Terms of Use must be brought within thirty (30) days after
the cause of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than out-of-pocket expenses,
except that the prevailing party will be entitled to costs and attorneys’ fees.
In the event of any controversy or dispute between COA Network and you arising out
of or in connection with your use of the Site, the parties shall attempt, promptly
and in good faith, to resolve any such dispute. If we are unable to resolve any
such dispute within a reasonable time (not to exceed thirty (30) days), then either
party may submit such controversy or dispute to mediation. If the dispute cannot
be resolved through mediation, then the parties shall be free to pursue any right
or remedy (not beyond damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys’ fees) available to them
under applicable law.
If any of the provisions of these Terms of Site Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced with
a valid provision that best embodies the intent of these Terms of Site Use, so that
these Terms of Site Use shall remain in full force and effect. These Terms of Site
Use constitute the entire agreement between you and COA Network with regard to your
use of the Site, and any and all other written or oral agreements or understandings
previously existing between you and COA Network with respect to use the site are
hereby superseded and cancelled.
COA Network will not accept any counter-offers to these Terms of Site Use, and all
such offers are hereby categorically rejected.
COA Network’s failure to insist on or enforce strict performance of these Terms
of Site Use shall not be construed as a waiver by COA Network of any provision or
any right it has to enforce these Terms of Site Use, nor shall any course of conduct
between COA Network and you or any other party be deemed to modify any provision
of these Terms of Site Use. These Terms of Use shall not be interpreted or construed
to confer any rights or remedies on any third parties.
Terms of Site Use questions
If you have questions or concerns about COA Network’s Customer Terms of Site Use,
please contact us via email at CustomerCare@COANetwork.com
or by mail:
COA Network, Inc.
991 Route 22 West
Suite 200
Bridgewater, NJ 08807