Welcome to the Comfac Technology Options (“CTO” or “Our” or “We” or “Us”) website – and thank You for visiting, We hope You enjoy the experience!
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
When You access This Website, You are responsible for complying with These Terms as well as any and all use of This Website through any account that You may setup through or on This Website; some Materials will only be available to You if You have an account. You agree to provide true, accurate, current, and complete information for so long as You use This Website. Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for This Website has been breached in any way, You must immediately notify Us.
Sometimes, We collect certain personal information about You solely in connection with Your access and use of This Website. CTO's use of that information is governed by the provisions of the CTO Online Privacy Statement.
We reserve the right to require that You change Your password or restrict Your access to This Website as We deem reasonably necessary.
You are invited to use This Website for Your personal and business purposes where you are purchasing CTO’s products and services for use in Your business (“Permitted Uses”).
We hereby grant You a limited, personal, non-exclusive and non-transferable licence to use and to display the Materials only in connection with Permitted Uses. Your right to use the Materials is conditioned on Your compliance with These Terms. You have no other rights in This Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of This Website or Materials in any manner.
If You make copies of any of This Website while engaging in Permitted Uses we require that You please keep all of CTO’s copyright and other proprietary notices as they appear on This Website.
We authorise Your limited use of This Website. Any other use of This Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorised use of This Website. This is because all rights in This Website and Materials remain the property of CTO, its subsidiaries, or its affiliated companies.
Unauthorised use of This Website and Materials may result in violation of various United States and international intellectual property laws. We do not want that to happen and, therefore, We have given You examples of things to avoid in Our Acceptable Use Policy found here CTO Acceptable Use Policy. You must follow CTO’s Acceptable Use Policy whenever You use This Website or any services offered from This Website.
We or You may terminate Your use of This Website at any time. Your use of This Website will automatically terminate in the event You breach any of These Terms. To clarify:
THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
CTO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT CTO DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, CTO makes no warranty that This Website will meet Your requirements or that This Website will be uninterrupted, timely, secure, or error free or that defects in This Website will be corrected. CTO makes no warranty as to the results that may be obtained from the use of This Website or as to the accuracy or reliability of any information obtained through This Website. No advice or information, whether oral or written, obtained by You through This Website or from CTO, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "The CTO Parties") shall create any warranty. CTO disclaims all equitable indemnities.
CTO may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via This Website under the terms of a separate agreement between You and CTO, such as a licence agreement or separate terms of sale and warranty terms (each, an "Other Agreement"). CTO's obligations regarding any product, service, or access that it makes available to You under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and These Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between These Terms and any Other Agreement, the Other Agreement will control.
For example, the use of any software that is made available to download from the CTO Websites ("Software") is governed by the terms of the end user licence agreement, if any, that accompanies or is included with the Software ("Licence Agreement"). You may not install any Software that is accompanied by or includes a Licence Agreement unless You first have agreed to the Licence Agreement. If there is no Licence Agreement, then These Terms will govern Your use of that Software.
CTO reserves the right to modify, suspend, or discontinue This Website at any time without notice to You. We would, however, like You to be aware of the following:
We suggest You consult Your local CTO business contact for information regarding the products, programmes and services that may be available to You via This Website.
IN NO EVENT WILL ANY OF THE CTO PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY CTO PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent The CTO Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of The CTO Party's liability shall be limited to the minimum amount permitted under such applicable law.
Certain areas of This Website (e.g., chat rooms, customer ratings, review areas, community and support forums) may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, CTO does not guarantee that You will have any recourse through CTO or any third party to edit or delete any User Submission You have submitted.
By submitting any User Submission, You represent and warrant that:
By submitting a User Submission, You grant to CTO an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free licence (sublicensable through multiple tiers) to:
CTO may, but is not obligated to, pre-screen User Submissions or monitor any area of This Website through which User Submissions may be submitted. CTO is not required to host, display, or distribute any User Submissions on or through This Website and may remove at any time or refuse any User Submissions for any reason. CTO is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that CTO may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
COMFAC TECHNOLOGY OPTIONS, CTO, the Element Logo, the Comfac Technology Options Logo, the CTO Logo, variations of the foregoing logos (all Comfac Technology Options logos are referred to collectively herein as the “Comfac Technology Options Logos”), and other trademarks used byComfac Technology Options are registered trademarks of Comfac Technology Options Company and/or its affiliates.
You agree to indemnify, defend, and hold harmless The CTO Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from Your (or anyone using Your account’s) violation of These Terms. CTO reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with CTO’s defense of such claim.
When You visit This Website or send e-mails to CTO, You are communicating with CTO electronically. We may respond to You by e-mail or by posting notices on This Website. You agree that all such notices, disclosures, and other communications that CTO provides to You electronically satisfy any legal requirement that such communications be in writing.
Unless otherwise specified in These Terms, all Materials, as well as the arrangement of them on This Website are Our sole property, Copyright © [dates of creation] Comfac Technology Ooptions All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licence.
These Terms, together with any additional terms to which You agree when using particular elements of This Website, constitute the entire and exclusive and final statement of the agreement as between Everyone with respect to the subject matter hereof, superseding any prior agreements or negotiations between You and CTO with respect to the same. The CTO Parties are third party beneficiaries with respect to the provisions in these Terms that reference them.
These Terms shall be governed by the laws of the Republic of the Philippines as applied to agreements made, entered into, and performed entirely in the Philippines by Filipino residents, notwithstanding Your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. All lawsuits arising from or relating to These Terms or Your use of This Website shall be brought in the courts located where CTO deems necessary, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
The failure of CTO to exercise or enforce any right or provision of These Terms shall not constitute a waiver of such right or provision. If any provision of These Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions of CTO and You as reflected in the provision, and that the other provisions of These Terms remain in full force and effect. The section titles in These Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Your use of This Website. These Terms will be interpreted without application of any strict construction in favour of or against You or CTO. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by You, but may be assigned by CTO without restriction.
CTO may, in its sole and absolute discretion, change These Terms (including any other documents that are referenced in or linked to from These Terms) from time to time. CTO will post notice of such changes on This Website as applicable. If You object to any such changes, Your sole recourse shall be to cease using This Website. Continued use of This Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of These Terms may be superseded by expressly-designated legal notices or terms located on particular pages of This Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of These Terms that are designated as being superseded.