Agreement of Terms & Conditions
Monday, July 6, 2020
“Colletti Tech is an Information Technology company, with an online presence at ‘colletti-tech.com’, providing unique solutions to our customers as the service.”
“Affiliate” means a legal entity designed as a distributor, partner, seller, or vendor that obtains authorization to place purchases on behalf of a customer by directly obtaining services and products from Colletti Tech for resale;
“Client Software” means applications and software that is installed or accessible on a device that allows the device to access or utilize such products;
“User” means an individual or legal entity (collectively “client, customer, end user, and you”) that obtains a billing account for consultation, products, or services directly from Colletti Tech, or indirectly through an authorized affiliate; and
“Services” means services that Colletti Tech provides to you that make available, access, display, run, support, or otherwise interact, directly or indirectly, with the products. Colletti Tech provides these services from data center(s) through the Internet, a cellular network, fiber network, telephone network, private network, or wireless network on a rental, subscription, or services basis. Software services exclude any services involving installation of a product directly on any end user device to permit an end user to interact with the product.
Whereas in consideration for use of the electronic communication and signature services, you agree to abide by the Electronic Communications Policy (Attachment to the Agreement “colletti-tech.com/terms/esign“). Accessing this domain, website, transferring data, transmitting mail, and like actions across all mediums shall hereinafter constitute “electronic communications“. You consent to receive electronic communications, and that such communication we provide to you electronically shall satisfy any legal requirement that such be provided in writing. Your remittance of payment hereinafter constitutes your “electronic signature” to authorize the purchase of products or services rendered under the binding terms and conditions as they may exist from time-to-time. You consent by electronic signature, that your signature shall satisfy any legal requirement that such be signed in writing.
Section 1: Acceptance of Agreement
Section 2: Denial of Use; Refusal of Service
Colletti Tech shall reserve all rights to refuse service to any person, or a third-party that we knowingly is providing our service to such person deny use. You hereby expressly certify, represent, and warrant that upon use of any service or product that you are eighteen years of age or older.
Section 3: Acceptance of Payment
At the sole discretion of Colletti Tech, the right to elect which payment forms to accept shall be reserved. Without reason or notice, Colletti Tech may restrict and refuse at will any payment form on an individual account basis. Furthermore, to protect the company from unnecessary liability, Colletti Tech may refuse to provide services or products to any person based on their consumer payment history. Upon any account which has an overdue payment (“not in good standing”), such account shall be subject to fees, penalties, voided discount(s), voided promotion(s), and termination.
Section 4: Cancellation of Services; Limitation of Refunds
Whereas in consideration to offer a credit or refund of payment, the conditions shall be limited at the sole discretion of Colletti Tech. Additionally, under no circumstance shall we have obligation to issue a credit or refund. Select purchases may be eligible for a credit or refund up to, not exceeding, ten consecutive calendar days of the original purchase date of said transaction. Colletti Tech shall not authorize any credit or refund for domain names, license keys, software, failure to return product, billing account fees, service fees, plan cancellation, or service cancellation. Additionally, offerings from an affiliate, distributor, vendor, or supplier that are not eligible for refunds under their terms and conditions.
Section 5: Links to Third Party
Offerings from Colletti Tech may contain links to third-party websites (collectively “link, links, or linked sites”). Linked sites are not operated by Colletti Tech, and hereinafter is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to said site. Such links are provided to you as a convenience, and the inclusion of such link does not imply endorsement by Colletti Tech of the website or any association with its operators. Certain services or products made available at “colletti-tech.com” are delivered by a third-party organization or supplier. By using any product, service or functionality originating from “colletti-tech.com“, you hereby acknowledge and consent that Colletti Tech may share such information and data with any third-party with whom Colletti Tech has a contractual relationship to provide the requested product, service, or functionality on behalf of users.
Section 6: Use of Intellectual Property
Whereas you are granted a non-exclusive, non-transferable, and revocable license to access with limited use “colletti-tech.com“, website, or property of Colletti Tech, such use of the revocable license shall strictly be in accordance with these current terms and conditions. As a condition of your use, you warrant to Colletti Tech that you will not use such for any purpose that is unlawful or prohibited by these terms. You may not use the website in any manner which could damage, disable, overburden, impair the servers and hardware resources or interfere with any other use of a party. You may not access, duplicate, obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site. All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Colletti Tech or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and proprietary notices, marks, legends, or restrictions contained in any such content and will not make any duplication or changes thereto. You shall not duplicate, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Colletti Tech brand, content, information, and intellectual property is not for resale. Your use of “colletti-tech.com” and website does not entitle you to create an unauthorized duplication, does not grant you use of any protected content, and you shall not delete or alter any proprietary rights or attribution notices in any content. No one person shall make no other use of the content without the express written permission of Colletti Tech, the copyright and trademark owners. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Colletti Tech or our licensors except as expressly authorized by these terms.
Section 7: Use of Services
Whereas this website may contain blogs, bulletin board, chat areas, events, groups, news, forums, communities, posts, business web pages, educational web pages, personal web pages, calendars, or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”). You agree to use the communication services only to post, send and receive messages and material that are proper and related to the communication service. By way of example, and not as a limitation, you agree that when using a communication service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward pyramid schemes or chain letters; download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Colletti Tech has no obligation to monitor the communication services. However, all rights shall be reserved to review materials posted to a communication service and to remove any materials in our sole discretion. Colletti Tech reserves the right to terminate your access to any or all the services at any time without notice for any reason whatsoever. Colletti Tech shall reserve the rights to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in sole discretion of Colletti Tech. Always use caution when giving out any personally identifying information about yourself or your children in any communication. Colletti Tech does not control or endorse the content, messages or information found in any communication service and, therefore, Colletti Tech specifically disclaims any liability regarding the communication services and any actions resulting from your participation in such. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect those of Colletti Tech. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for adhering to such limitations if you upload any materials.
Section 8: Submissions by User
Hereof your voluntary submission, you agree to abide by the terms of this section in addition to the Unsolicited Submissions Policy (Attachment to the Agreement “colletti-tech.com/terms/unsolicited-submissions“). Colletti Tech will claim content or materials you provide to “colletti-tech.com” (including feedback and suggestions) or post, upload, input or submit to any site or associated Services (collectively “Submissions”). Hereinafter posting, uploading, inputting, providing, or submitting your submission, you are granting Colletti Tech, our affiliated companies, and necessary sub-licensees permission to use your submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and to publish your name in connection with your submission. Colletti Tech is under no obligation to post or use any submission you may provide and may remove such at any time in our sole discretion. By posting, uploading, inputting, providing, or submitting your submission you warrant and represent that you own or otherwise control all the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Section 9: Connecting to Third Party
You will be able to connect your user account to third party affiliates and their website. Upon connecting your user account to such third-party, you hereby acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). However, you have the right to disconnect your user account in the event you do not want information about you to be shared in this manner.
Section 10: International Use
You agree that you will not use the content accessed through “colletti-tech.com” in any country or in any manner prohibited by any restrictions or regulations.
Section 11: Restriction of Account; Termination of Account
All rights shall be reserved, in the sole discretion of Colletti Tech, to terminate your access to the site, related services, or any portion thereof at any time. To the maximum extent permitted, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section. You agree that no joint affiliation, venture, partnership, employment, or agency relationship exists between you and Colletti Tech because of this agreement or use of the site. Performance of this agreement by Colletti Tech, is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Colletti Tech’s right to comply with government, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by Colletti Tech with respect to such use.
Section 12: Statement of Support
Whereas the subject matter of technical support, incident reports, and service requests (collectively “support, incident, and service”) exists, you the user hereby accept and agree to this Statement of Support (herein “Scope of Support and Support Scope”). If no written contractual agreement exists between Colletti Tech and User or such technical support is out-of-scope, it shall be agreed that Colletti Tech has no obligation to provide support. Additionally, the following circumstances hereinafter shall be out-of-scope and without support:
(a) For use of an Operating System (“OS”) or Server Operating System (“Server OS”);
(b) For any issue that is resolved by upgrading hardware or software to the then-current version;
(c) For your use of third-party products or services with their effects and interactions;
(d) For your use of a computer or OS that is not related to consumer software or to connectivity issues with the covered equipment, products, and services;
(e) For hardware or software other than the authorized consumer hardware and software;
(f) For any hardware, software, and service designated as “alpha”, “beta”, “canary”, “counterfeit”, “developer”, “experimental”, “fraudulent”, “internal use right”, “not for resale”, “test”, “pre-release”, “preview”, “stolen”, “unlicensed”, “abandon”, “end of life”, “end of support”, or similar in designation;
(g) To any user, regardless of reason, for their account not in good standing;
(h) For damage to, unauthorized, unlawful, theft of, or loss of, any hardware, software or data that was residing or recorded on the equipment or products (Colletti Tech does not cover the recovery or re-installation of software programs and user data); and
(i) For your use of services or products from affiliates, distributors, manufacturers, vendors, and suppliers in such manner inconsistent with its intended usage, expressed purpose, terms, conditions, unlawful, or prohibited.
You hereby agree that Colletti Tech under no circumstance shall have obligation of support in the event of data error, loss, theft, compromise, or corruption. Upon submission or request for support that is out-of-scope, YOU HEREBY AGREE TO PAY ALL COSTS AS BILLED AND THAT COLLETTI TECH IS HEREINAFTER NOT RESPONSIBLE FOR ANY DAMAGES, ERROR, LOSS, THEFT, OR COMPROMISE OF DATA STORED ON YOUR PRODUCT(S) AND SERVICE(S). AS YOUR RESPONSIBILITY, YOU AS THE USER HEREBY ACCEPT FULL LIABILITY AND OBLIGATION TO BACKUP, COPY, AND TRANSFER YOUR DATA WHICH IS AT YOUR OWN WILL AND YOUR OWN RISK.
Section 13: Agreement of Indemnification
You agree to indemnify, defend and hold harmless Colletti Tech, its officers, members, directors, employees, affiliates, assigns, agents, vendors, suppliers and such third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Colletti Tech reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Colletti Tech in asserting any available defenses.
Section 14: Waiver of Class Action
Any arbitration under these terms and conditions will take place on an individual basis; class arbitration and class, representative, or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Colletti Tech agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Section 15: Release of Liability; No Warranty; Limitation of Damages
THE INFORMATION, HARDWARE, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COLLETTI TECH AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITE AT ANY TIME. COLLETTI TECH AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, HARDWARE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, HARDWARE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COLLETTI TECH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, HARDWARE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF THE MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLETTI TECH AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLLETTI TECH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU EXPRESSLY GRANT CONSENT OF AGREEMENT AND ACKNOWLEDGE THAT YOUR USE OF “COLLETTI-TECH.COM” SHALL BE AT YOUR “OWN RISK“. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE DOMAIN, EMAIL COMMUNICATIONS, WEBSITE, SERVERS, SERVICES RENDERED, OR OFFERINGS.
Section 16: Severability of Provisions
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Section 17: Enforcement of Agreement
This written agreement shall be enforced by Colletti Tech, which includes but not limited to our subsidiaries, affiliates, successors, vendors, distributors, and assigns. Upon your breach of this written agreement, it may result in our pursuit for relief of damages to the fullest extent.
Section 18: Choice of Law
Conditions and terms written within this agreement, shall be interpreted pursuant to the laws and statues of the County of Montgomery in the Commonwealth of Pennsylvania of the United States of America.
Section 19: Agreement to No Waiver
No waiver by Colletti Tech of any breach by the User of any provision of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
Section 20: Entirety of Agreement
This instrument is the entire agreement, and no oral agreements have been entered with respect to the subject matter of the terms and conditions of Colletti Tech. Unless specified otherwise, this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Colletti Tech. Amendment of this agreement shall enforced by Colletti Tech. All agreements, communications, documents, records, or any such related shall be written and transmitted in the Language of English.
In witness whereof, you the User hereby electronically consent in agreement to all binding terms and conditions of this document upon your use of the domain, website, and services or the remittance of payment for services rendered, and products offered. With your acceptance of agreement by your consent, it shall serve as your duly authorized electronic signature hereunto affixed as binding to your execution of the Agreement of Terms and Conditions.