Last modified: October 2, 2019
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This Agreement pertains to your purchase of CTA products. Products may include products that are accessible online (“Online Products”) or products that are physical in nature to be mailed (“Physical Products”)
1. Online Product Purchases - This section applies only if an applicable Order specifies that you are obtaining access to an Online Product (as specified on your Order).
1.1 Permitted Use: Except as otherwise provided in an applicable Order, you may use the Online Product for its permitted use and will not use the Online Product for any other purpose. You may use the Online Product for the license or subscription term specified in the Order unless terminated earlier in accordance with this Agreement.
1.2 Online Product Agreement: Online Products are governed by the terms of this Agreement. An Online Product or future updates to an Online Product might include certain non-CTA components and CTA may condition your use of that Online Product on your acceptance of certain additional terms applicable to those non-CTA components.
1.3 Prohibited Uses: You must not: (1) resell or otherwise transfer access codes that enable access to the Online Product; (2) sell, resell, or otherwise commercially exploit in any way the Online Product (including access to or use of the Online Product); (3) remove, obscure, or modify any proprietary notices, including copyright, trademark, and patent notices, included in the Online Product; (4) modify or create derivative works based on the Online Product; or (5) create internet “links” to any part of the Online Product or “frame” or “mirror” the Online Product on any server or wireless or internet based device.
1.4 Permissions: If you wish to request permission to use an Online Product for a purpose other than the permitted use or if you have a question about the proper way to include the required Online Product proprietary notices, you should use the contact information available on the CTA website to contact the appropriate CTA representative.
2. Physical Product Purchases - This section applies only if an applicable Order specifies that you are purchasing Physical Products.
2.1 Condition of Physical Product Purchases:
2.2 Shipping Terms: The risk of loss and title for all Physical Products purchased from the CTA Store pass to you upon our delivery to the carrier.
3. No Refund and Return Policy - All transactions are final. Product prices may change at any time. If technical problems beyond CTA’s control prevent or unreasonably delay delivery of Online Products, your exclusive and sole remedy is replacement of the Product. If Physical Products arrive damaged or are unreasonably delayed in delivery, your exclusive and sole remedy is replacement of the Product. You agree that a replacement will be your sole and exclusive remedy from CTA for any physical product ordered through this site. From time to time, CTA may refuse a replacement request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles CTA to a corresponding counterclaim. CTA reserves the right to investigate and take appropriate action in connection with any suspected fraud or other misuse or abuse of our Return Policy.
4.1 You may need your own CTA Store account to purchase certain products from the CTA Store. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. CTA is not responsible for any losses arising from the unauthorized use of your CTA Store account. Please contact CTA if you suspect that your CTA Store account has been compromised. CTA reserves the right to refuse service, terminate accounts, terminate your rights to use CTA Store, remove or edit content, or cancel orders in its sole discretion.
5. Payment of Charges
5.1 You will pay all applicable charges for products purchased in accordance with the amounts stated in the applicable Order. Unless another form of payment is specified in the applicable Order, CTA will bill your credit card (for purposes of this agreement, the term "credit card" includes a credit card or a debit card) for those amounts in advance of receiving products. You shall provide CTA with accurate and complete billing information. You acknowledge that the agreement between you and the applicable credit card issuer governs your use of your credit card for payment of amounts owed to CTA, including your rights and obligations as a holder of that card.
5.2 If CTA does not receive payment from your credit card issuer, upon demand you shall pay the overdue amount by other means acceptable to CTA.
5.3 If you fail to pay according to the terms of this agreement CTA may, without prejudice to its other rights and remedies, (1) charge interest on a daily basis from the original due date at the rate of the lesser of 1.5% per month or the maximum amount permissible by law, (2) suspend or terminate your subscription and/or access to Online Products and the CTA Store, or both (1) and (2). You shall reimburse CTA for all reasonable expenses CTA incurs in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable attorney's fees, and court costs. CTA may charge a fee for reinstatement of suspended or terminated accounts.
6. Intellectual Property
6.1 CTA (or any of CTA's Affiliates) owns all intellectual property rights (registered and unregistered) in the website and CTA Store content. CTA reserves all rights not expressly granted under this Agreement. Nothing in the Agreement grants you a right or license to use any trademark, design right or copyright owned or controlled by CTA or any other third party except as expressly provided by the Agreement.
6.2 Except as otherwise permitted under this Agreement, as allowed by applicable law, or under a valid license, you shall not use CTA’s or its Affiliates' trademarks or any confusingly similar marks, without CTA’s written permission.
8. Dispute Resolution and Applicable Law - With respect to any disputes arising out of or in connection with the CTA Store, CTA and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. CTA has no obligation to become involved in any dispute between a user and any other person. This Agreement and all rights and obligations of the parties relating hereto will be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia in the United States of America without giving effect to any conflicts of law rules that would cause the application of the laws of any other jurisdiction. At either party’s option, any controversy or claim arising out of or relating to this contract or the breach thereof (except for an action for injunctive relief) may be resolved by arbitration held in Arlington County, Virginia, in accordance with the Rules of the American Arbitration Association in effect at the time the arbitration is initiated, and judgment upon the award rendered by the arbitrators may be entered in any court jurisdiction thereof. You consent to exclusive jurisdiction (non-arbitration) in the courts of the Commonwealth of Virginia.
9. General Release - You as the customer will indemnify and hold harmless CTA and its officers, directors, employees and agents from and against any and all losses, damages, claims, demands, debts, liabilities and expense (including reasonable attorneys’ fees) arising from any monetary damage or personal injury sustained as a result of or during the use of any products and services available through the CTA Store. Under no circumstances will CTA be liable for indirect, incidental, consequential, special or exemplary damages (even if you have been advised of the possibility of such damages), arising from any provision of these Terms and Conditions.
10. Warranties - You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products available through the CTA Store are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guaranty is given regarding the completeness, accuracy, reliability or quality of any information, content, data, service, advice, or product provided or available to, through CTA. CTA will not be liable for any delay or failure of performance but will use reasonable efforts to correct any material performance brought to its attention.
11. Limitation of Liability - TO THE FULL EXTENT PERMISSIBLE BY LAW, CTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, CTA'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
CTA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE CTA FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
CTA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE CTA FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
12. Entire Agreement - Other than as stated in this section or as explicitly agreed upon in writing between you and CTA, the Agreement constitutes all the terms and conditions agreed upon between you and CTA and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral.
13. Notices - All notices and communications required by this Agreement must be in writing and sent by facsimile, e-mail, hand delivered with a signed receipt, or mailed by registered or certified U.S. mail, return receipt requested addressed as follows: Consumer Technology Association, Legal Department, 1919 South Eads Street, Arlington, Virginia 22202.