CDX Technologies provides software and hosted services, subject to the following Terms of Service, which constitute a legal agreement between you (the Subscriber) and CDX Technologies, a division of Hughes Financial Services Inc. (the Service Provider). CDX Technologies may change these Terms of Service in the future upon notice published on-line or otherwise provided.
Description of Service
CDX Technologies provides each Subscriber with access to internet based services which include but are not exclusive to CDXZipStream™ and CDXStreamer™ hosted on our servers. These services are made available based on a subscription or one time royalty basis. Unless explicitly stated otherwise, any new applications, features or services that extend or enhance the Service, shall also be subject to these Terms of Service.
Registration for Service
To obtain access to the Service, the Subscriber must purchase a product or sign up for and evaluation copy on CDX Technologies website: www.cdxtech.com. The person who completes this form is referred to as the Account Administrator. All notices from CDX Technologies to Subscriber, including initial notification with login instructions, will be given to the current Account Administrator at the e-mail address filled in the registration form.
In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should CDX Technologies suspect that such information is false, outdated, inaccurate or incomplete; CDX Technologies has the right to suspend or terminate your usage of the Service. CDX Technologies reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. CDX Technologies does not need to provide a reason for the rejection of a Service account. By registering for this Service you represent to CDX Technologies that you are 18 years of age or older.
The Account Administrator will receive a username and password. Username is a login identifier and the password provides secure access to the account. The password and username may be modified after the initial registration.
Availability of Service
CDX Technologies will make all reasonable efforts to ensure that access to the Service is available on a 24 hour - 7 day a week basis. However, the Subscriber acknowledges and agrees that access to the Service may be unavailable from time to time for any reason. This includes but is not limited to interruption of network connectivity, internet outages and server failures, and normal maintenance processes or data backup by CDX Technologies.
You acknowledge and agree that you must: (1) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (2) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device. The Subscriber may access the Service only via the software or other user interface provided by CDX Technologies. The Service while generally accessible worldwide may not be available to all persons or in all locations.
CDX Technologies offers free online support to registered subscribers for one year after initial purchase. This includes online help and email support. Maintenance agreements are available after 1 year to extend support. The Subscriber can send his or her requests via a link on the CDX Technologies website, www.cdxtech.com or email to email@example.com. CDX Technologies will make all reasonable efforts to provide a qualified reply to each Subscriber request within 1 business day.
All fees are payable in US dollars. All currency translation fees, wire and bank fees charged by or deducted from payments by any bank, including intermediary or recipient banks are the responsibility of the remitting party (Subscriber). Merchant fees charged by Credit Card Companies will be paid by CDX Technologies and are not the responsibility of the remitting party.
The Account Administrator is designated as the responsible contact for purposes of billing and payment of fees. Subscriber agrees that should subscription charges not be paid in a timely manner, CDX Technologies may at its sole discretion discontinue service until payment is received. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. CDX Technologies may impose a charge to restore archived data from delinquent accounts.
Fees are charged according to CDX Technologies published schedule. CDX Technologies reserves the right to change the Fees or applicable charges and to institute new charges at any time upon thirty (30) days prior notice via posting on the web site, email or other methods.
The authorized credit card used for registration of CDXStreamer™ will automatically be charged fees for one month’s service on the day you sign up or if evaluating a demo when you activate your account. Fees are automatically billed on a monthly recurring basis unless we receive your cancellation. Future monthly billings will occur on the day of the month the Service was initially charged or shortly thereafter. Fees will be assessed based on the subscription plan selected by the Subscriber.
Cancellation may be made at any time by via e-mail after the second month of service. The email must come from the Account Administrator e-mail account and be addressed to firstname.lastname@example.org. Prorated refunds of purchased services are not available in any circumstance. Cancellation will take effect, for billing purposes, as of the day of the month your next recurring payment would have been made. CDX Technologies shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (1) send unwanted or unauthorized advertising, promotional materials, junk mail, spam or any other repetitive or unsolicited messages, whether commercial or otherwise; (2) collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (3) transmit or post on the Service unlawful, harassing, libelous, abusive, threatening, vulgar, obscene or otherwise objectionable material of any kind or nature (3) transmit any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademarks or copyrights (4) transmit any material that contains software viruses or other harmful computer code or files or (5) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (6) attempt to gain unauthorized access to the Service, other user accounts, systems or networks connected to the Service.
Subscriber agrees that CDX Technologies, in its sole discretion, may terminate all or any part of the Services, and remove any Subscriber data if CDX Technologies believes that the Subscriber has violated or is threatening to violate these Terms of Service or other policy of CDX Technologies, its third party providers or applicable law.
CDX Technologies reserves the right to investigate the validity of any complaint presented to it which alleges that any Account has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the Account and/or reviewing any data or information contained therein. CDX Technologies will not, however, provide any such information to any third party unless required by law or court order.
A Termination as described above may be made with or without notice and will be effective immediately. Subscriber agrees that CDX Technologies shall not be liable to Subscriber or any third party for such Termination of the Service.
Subscriber is responsible for maintaining the confidentiality of the data, Usernames and Passwords associated with Subscriber’s Account. Subscriber agrees to immediately notify CDX Technologies of any known or suspected unauthorized use of the Account or other information stored on the CDX Technologies server, or any other breach of security.
DISCLAIMER OF WARRANTIES
SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT:
a. THE USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT SUBSCRIBER’S OWN DISCRETION AND RISK AND SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM CDX TECHNOLOGIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
CDX TECHNOLOGIES DOES NOT REPRESENT OR WARRANT THAT: (1) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ALL TYPE OF HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) ERRORS OR DEFECTS WILL BE CORRECTED, (4) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.
LIMITATION OF LIABILITY
SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT CDX TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CDX TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER’S TRANSMISSIONS OF DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
Subscriber agrees to indemnify and hold CDX Technologies and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Except for the licenses granted herein, you have no right, title or interest in or to the Services or any Content. The Services, all content, all trademarks, all rights and intellectual property rights therein, are the sole property of CDX Technologies.
This agreement shall be governed by the internal laws of the State of New Jersey, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts of New Jersey or the federal courts of the State of New Jersey to resolve any disputes arising under this agreement. In each case this shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.