Agreement of Terms & Conditions
Monday, September 30, 2019
Effective: Monday, August 13, 2018
Whereas in consideration for accessing resources, products and services rendered, the “User“, who willfully and voluntarily enters into with Colletti Tech LLC, herein the “Host”, “Service Provider” or “Solution Provider” this Agreement of Terms & Conditions hereinafter the “Terms of Service” and “Service Terms”. The definition of a “User”, for this agreement, hereinafter shall be all “Persons”, “Entities”, “Customers”, “Affiliates“, “Employees”, “Members”, and “Vendors” with or without an account. This domain (“Colletti-Tech.com”), Website (“Site”), provided and rendered services (“Services”) is comprised of various web pages and services operated or offered by Colletti Tech LLC (“Colletti Tech”). The use of the domain, website and collective services is offered to you conditioned on your acceptance without modification of the terms, conditions, policies, notices and legal regulations contained herein (the “Terms and Conditions”). Your use of the domain, website, products, services or solutions of Colletti Tech, constitutes your agreement to all terms and conditions. Under this agreement, the “User” agrees to the binding terms and conditions as written:
“Colletti Tech LLC is an Information Technology company, with an online presence at “Colletti-Tech.com“, to provide unique Consulting, Services and Solutions to end users.”
Disclosure of Electronic Communications
Accessing this website, transmitting emails, and like medium constitutes electronic communications. You consent to receive electronic communications and that such communications we provide to you electronically shall satisfy any legal requirement that such communications be provided in writing.
Disclosure of Policies
Section 1: Obligations of Account
Upon use of this site, you are responsible for maintaining the confidentiality of your credentials, herein account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Colletti Tech LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Colletti Tech LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Upon the acceptance of the agreement, Colletti Tech reserves the right to mandate a person (“individual” and “entity”) to verify their identity pursuant to the laws of the Commonwealth of Pennsylvania and the United States of America:
(a) Federal Identification (e.g. “Social Security”, “Passport”, or “Armed Forces Identification”);
(b) State Photo Identification (e.g. “Drivers License” or “State Identification”);
(c) If the Identification of a User is renewed or becomes expired; said User shall have Seven Days (“One Week”) to produce new and valid Identification.
Set forth by the federal law, Expired, Suspended or Forged Identification shall be refused from all persons. No person or entity shall refuse producing Proof-of-Identification, upon request or expiration of such. Upon refusal to produce valid identification, it shall result hereinafter in the Termination for Cause of the User Account; including but not limited to all services and products associated with said account.
Section 2: Refusal of Minors
With interest to protect minors, under the definition of law, all persons who use our services or products shall be eighteen years in age or older. Colletti Tech LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you may not use http://colletti-tech.com or the services offered by Colletti Tech.
Section 3: Tender of Payment
At the sole discretion of Colletti Tech LLC, 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 LLC may refuse to provide services or products to any person based on their consumer payment history. Upon any Account Holder 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 for Cause.
Section 4: Cancellation of Services; Limitation of Refunds
In consideration to authorize a refund of payment, the conditions shall be limited and at the sole discretion of a Duly Authorized Member of Colletti Tech LLC. Hereunto without modification, Colletti Tech LLC, including our Members, Affiliates, Assigns, Distributors, Employees, Manufacturers, Partners, Vendors and Suppliers shall have no obligation and do not guarantee the issuance of a refund. Whereas the purchase of any Plan, Product, Service or Subscription, if applicable shall hereinafter be ineligible for a refund after Seven Days (“7 Days”) of the date and time of such transaction. Unless implicitly warranted in writing upon the date and time, Colletti Tech LLC shall not authorize any demand or grant a request of a refund for Domains, Electronics, Hardware, Licenses, Services, Software, Overdue Payment Fees, Cancellation or Termination of Service Fees.
Section 5: Services by Third Party
Offered products and services may contain links to other websites (“Links” or “Linked Sites”). Linked Sites are not under the control of Colletti Tech LLC 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. Colletti Tech LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Colletti Tech of the site or any association with its operators. Certain services made available via http://colletti-tech.com are delivered by third party sites, organizations and suppliers. By using any product, service or functionality originating from the http://colletti-tech.com domain, you hereby acknowledge and consent that Colletti Tech LLC 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 http://colletti-tech.com, website or such property of Colletti Tech LLC; such use of the revocable license shall strictly be in accordance with these current terms and conditions. As a condition of your use of the Domain and Website, you warrant to Colletti Tech LLC that you will not use the Website for any purpose that is unlawful or prohibited by these terms. You may not use the Site 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 LLC 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 LLC brand, content, information and intellectual property is not for resale. Your use of the Domain 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 LLC, 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 LLC or our licensors except as expressly authorized by these terms.
Section 7: Use of Services
Whereas this Site may contain blogs, bulletin board, chat areas, events, groups, news, forums, communities, posts, business web pages, educational web pages, personal web pages, calendars, and/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 surveys, contests, 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 LLC has no obligation to monitor the Communication Services; however, shall reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Colletti Tech reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. Colletti Tech LLC 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 Colletti Tech’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Colletti Tech does not control or endorse the content, messages or information found in any Communication Service and, therefore, Colletti Tech LLC specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Colletti Tech LLC spokespersons, and their views do not necessarily reflect those of Colletti Tech LLC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Section 8: Provision of Materials
Hereof, Colletti Tech LLC will claim content or materials you provide to http://colletti-tech.com (including feedback and suggestions) or post, upload, input or submit to any Site or associated Services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Colletti Tech LLC, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Colletti Tech LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Colletti Tech’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of 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: Accounts by Third Party
You will be able to connect your User Account (“Account”) to third party accounts and platforms. Third Party shall include partners of Colletti Tech LLC, however not limited to accounts with Microsoft Corporation, Cisco Systems Inc, Adobe Inc, Google LLC or such affiliates, partners and vendors. By connecting your Colletti Tech LLC User Account to your Third-Party User Account, you 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). If you do not want information about you to be shared in this manner, do not use this feature.
Section 10: Use by International Users
The Service is controlled, operated and administered by Colletti Tech LLC in the Commonwealth of Pennsylvania of the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Colletti Tech LLC content accessed through http://colletti-tech.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Section 11: Restriction of Account; Termination of Account
All rights shall be reserved, in the sole discretion of Colletti Tech LLC, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, 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 LLC as a result 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 LLC with respect to such use.
Section 12: Statement of Support
Whereas the subject matter of Technical Support (“Support”) or Service Requests (“Service”) exists, the user hereby accepts and agrees to this Statement of Support (“SoS”). If no written contractual agreement exists between Colletti Tech LLC and “User” (“individual” or “entity”) or 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) Consumer and Entity 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, as approved in writing by Colletti Tech;
(c) For third-party products or services with their effects on or interactions with the Covered Equipment, Products and Services;
(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 Services 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) For any entity and person, regardless of reason, with the User Account relationship status of “Overdue”, “Restricted”, “Suspended” or “Terminated”;
(h) For damage to, unauthorized, unlawful, theft of, or loss of, any hardware, software or data that was residing or recorded on the Covered Equipment or Products (Colletti Tech does not cover the recovery or re-installation of software programs and user data);
(i) For your use of authorized, distributed and sold third-party Services or Products from Affiliates, Distributors, Manufacturers, Partners, Vendors and Suppliers approved by Colletti Tech LLC, in such manner inconsistent with its intended usage, expressed purpose, terms, conditions, unlawful in any jurisdiction or prohibited from said third-party; or
(j) For your use of Services or Products from Colletti Tech LLC, in such manner inconsistent with its intended usage, expressed purpose or that is unlawful in any jurisdiction shall be prohibited.
Under no circumstance shall Colletti Tech LLC have liability or obligation of support in the event of data error, loss, theft, compromise, corruption, or breach. Upon a support request for such out-of-scope, YOU HEREBY AGREE TO PAY ALL COSTS AS BILLED AND THAT COLLETTI TECH LLC IS HEREINAFTER NOT RESPONSIBLE FOR ANY DAMAGES, ERROR, LOSS, THEFT, COMPROMISE, CORRUPTION OR BREACH OF DATA STORED ON YOUR PRODUCT(S) AND SERVICE(S). FURTHERMORE, AS USER RESPONSIBILITY, YOU HEREBY AGREE AND ACCEPT FULL LIABILITY AND OBLIGATION TO BACKUP, COPY OR TRANSFER YOUR DATA AT YOUR OWN WILL AND RISK.
Section 13: Agreement of Indemnification
You agree to indemnify, defend and hold harmless Colletti Tech LLC, its members, directors, employees, affiliates, assigns, agents, partnerships, suppliers and 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 Site 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 LLC 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 LLC 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/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 (the “User”) and Colletti Tech LLC 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 LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. COLLETTI TECH LLC AND/OR 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 LLC 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 LLC AND/OR 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 LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/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 HTTPS://COLLETTI-TECH.COM SHALL BE AT YOUR “OWN SOLE 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 NAME SERVICE, EMAIL COMMUNICATIONS, WEBSITE SERVERS, SERVICES PROVIDED AND RENDERED.
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 LLC as the service provider, which includes but not limited to subsidiaries, affiliates, successors, vendors, distributors and assigns. Upon a breach of this written document by a User, titled “Agreement of Terms & Conditions“, shall result in civil relief of damages with criminal prosecution for negligence within a Court of Law; to the fullest extent of all applicable laws and governing statues.
Section 18: Choice of Applicable 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 LLC 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
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Colletti Tech LLC with respect to the Domain, Site and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Colletti Tech LLC with respect to the Domain and Website. A printed version of this agreement, any notice given in electronic form and binding documents electronically-signed shall be admissible pursuant to federal statute 15 U.S.C. § 7001, in judicial or administrative proceedings based upon or relating to this agreement; whereas subject to the same conditions and extent as any binding documents and records originally generated, maintained in printed form and affixed with a handwritten signature. All agreements, communications, documents, records or any related documents shall be transmitted and written in the Language of English.
In witness whereof, the “User” hereby electronically-acknowledges in agreement this document upon their use of this Domain, Website, Services Provided and Rendered. With the acknowledgement as the electronic-signature hereunto affixed, it shall signify the binding, execution and receipt of this written-agreement hereinafter titled the “Agreement of Terms & Conditions”.