BY ACCESSING AND USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER.
Any references to “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. Any reference to “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
In the event that there is found to be any contradiction or dispute among different terms or agreements, then you agree that the Copper Bay Networks terms and agreements shall be the superior.
Modifications to these terms
Copper Bay Networks may change, modify, update, add, or remove portions of these Terms at any time without prior notice. Please check these Terms periodically for changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of these terms and any changes.
Changes to this website
In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that Copper Bay Networks makes such changes, these Terms shall apply to the new services and to any changes to existing services and no notice is required to be submitted by Copper Bay Networks.
To use certain parts of this Website, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. 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 Copper Bay Networks immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Copper Bay Networks or any other user of or visitor to this Website due to the use of your Copper Bay Networks ID, password, or account by another person.
You may not use anyone else’s Copper Bay Networks ID, password, or account at any time without the express permission and consent of the holder of that Copper Bay Networks ID, password, or account. Copper Bay Networks cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Support Forums, Blogs and Ratings & Reviews
Copper Bay Networks may from time to time create support forums, blogs, community areas and group discussions, in the English language (or other languages), so you can share your experiences, ask and/or answer questions, share reviews of Copper Bay Networks products and services, and more (collectively referred to as “ Online Communities”). We appreciate that Copper Bay Networks Online Communities reflect the diversity of its users and is an interesting place to share, learn, and interact. In keeping with this spirit of community, we have a core set of principles and guidelines in English that must be followed by those wishing to be members, participants, content contributors and users. These guidelines are incorporated into these Terms, and may in due course be requested from firstname.lastname@example.org
All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Content, contained on this Website is owned, controlled, or licensed by Copper Bay Networks. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content (e.g., Software License Agreement, Terms of Service, etc.), Copper Bay Networks hereby grants you limited permission to use the Content subject to these Terms, as long as the use of such Content is solely for your personal, non-commercial informational use.
Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Copper Bay Networks and/or the appropriate owner. Also, you may not “mirror” any Content contained on this Website or any other server without Copper Bay Networks express prior written consent.
Posting of user content
Certain areas of this Website may allow you to post content, including your experiences, advice, recommendations, opinions, information, messages, or other material (“Your Content”). Please be aware that these areas are public and not confidential. You may only post Your Content to public areas and where you have permission to post. You may not post any content that violates these Terms or any third party rights.
Copper Bay Networks does not claim ownership of any of Your Content that you may post. However, by posting Your Content to public areas on the Website, you grant Copper Bay Networks, its affiliates, partners, and distributors the perpetual, irrevocable, royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense, and promote Your Content in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you. In addition to Your Content, we encourage you to provide us with feedback. You agree that we may use in any manner and without limitation all comments, advice, recommendations, suggestions, complaints, and other feedback you provide relating to this Website, Copper Bay Networks products and/or services, and that Copper Bay Networks will ownall intellectual property that we create based upon or incorporating your feedback. Copper Bay Networks is not obliged to post, or maintain the posting of, all or part of any user content.
No unlawful or prohibited use
While using this Website, you may NOT do the following:
- Restrict or inhibit any other user from using and enjoying this Website.
- Post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind.
- Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national,export control laws and regulations.
- Post anything could be considered an inducement to others to commit any such act mentioned in or implied in 2 and 3 above, nor any other type of violence.
- Use the “Copper Bay Networks” name, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with Copper Bay Networks.
- Pretend that you are, or that you represent, someone else or impersonate any other person or entity.
- Invade the privacy or violate any personal or proprietary right of any person or entity.
- Post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly and specifically permitted by Copper Bay Networks in writing), or engage in spamming, phishing, or denial of service attacks.
- Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).
- Use the Website to generate traffic for other sites or activities.
- Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity.
- Upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through this Website, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
- Upload, post, publish, reproduce, transmit, or distribute in any way any component of this Website itself or derivative works with respect thereto without Copper Bay Networks prior written consent, as this Website is protected under U.S. and international copyright laws.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or Copper Bay Networks systems or networks, or any systems or networks connected to this Website or to Copper Bay Networks or it’s affiliates.
- Forge headers (headings) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Copper Bay Networks on or through this Website or any service offered on or through this Website.
- Use any robot, spider, scraper, or other automated means to access this Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines.
- Post or transmit, nor otherwise facilitate the transmission of via this web site, any information or software that contains a virus, Trojan horse, worm, or other harmful component.
- Post or transmit any information, file, or software that contains, but not limited to, a virus, Trojan horse, worm, adware, spyware, crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or any other harmful software program or program element.
Links to third party websites and services
In attempting to provide you with comprehensive and useful resources, this Website may contain links to third-party websites, which are not under the control of Copper Bay Networks. Copper Bay Networks is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Copper Bay Networks is providing these links to you only as a convenience, and the inclusion of any link does not imply that Copper Bay Networks endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.
In connection with your use of this Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Copper Bay Networks. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not Copper Bay Networks, is responsible for the performance of the third-party services or products.
No duty to monitor
Copper Bay Networks shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to prescreen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, Copper Bay Networks is not responsible for any failure or delay in removing content.
Copper Bay Networks is not responsible for any loss due to parts of the website becoming temporarily or permanently unavailable.
Procedure for making claims of copyright infringement
At Copper Bay Networks, we respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide Copper Bay Networks copyright agent with the following information:
- A full description of the copyrighted work or other intellectual property that you claim has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of where the material that you claim is infringing is located on this Website.
- Your name, address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Copper Bay Networks can be reached through any of the contacts listed below:
Copper Bay Networks Copyright Agent
8793 Lightwave Ave #408
San Diego, CA 92123
Inquiries that are not clearly relevant to the claim of copyright infringement will not receive a response.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND COPPER BAY NETWORKS AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS “SUPPLIERS”) HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. COOPER BAY NETWORKS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. COPPER BAY NETWORKS AND ITS SUPPLIERS MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THIS WEBSITE OR ANY INFO MATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. COPPER BAY NETWORKS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, COPPER BAY NETWORKS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY COPPER BAY NETWORKS, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
PRODUCT LIMITED WARRANTY
Copper Bay Networks limited WARRANTY, as form time to time amended, is accepted as applicable.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COPPER BAY NETWORKS (OR COPPER BAY NETWORKS OFFICERS, DIRECTORS, INVESTORS,
SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF COPPER BAY NETWORKS HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL COPPER BAY NETWORKS AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO COPPER BAY NETWORKS DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS.
Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.
You shall indemnify, defend, and hold harmless Copper Bay Networks its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions arising out of your use of this Website. Copper Bay Networks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.
Disclosure of use
Copper Bay Networks reserves the right at all times to disclose any information that Copper Bay Networks deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Copper Bay Networks may also disclose your information when Copper Bay Networks determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
These Terms and your use of this Website will be governed by the laws of the United States without regard to conflicts of law provisions; all claims and actions must be brought in the appropriate state or federal court located in California; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.
In the event that jurisdiction is unclear or selectable, you agree to Copper Bay Networks determination of jurisdiction.
Copper Bay Networks may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Copper Bay Networks to another entity. You may not assign this agreement. These Terms constitute the entire agreement between you and Copper Bay Networks regarding this subject matter, and they govern your use of this Website. The failure of Copper Bay Networks to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The failure of any sentence or clause effects no other sentence or clause. The remainder of the agreement remains in force lacking only that particular sentence, paragraph, or clause.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall
use all reasonable Endeavor to comply with the terms and conditions of any Agreement contained herein.
This site is owned and operated by Copper Bay Networks..
Copper Bay Networks revised these Terms January, 2015.