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Legal Notices
GENERAL
Condumex, Inc. respects the privacy of every individual or company who visits our website, fills out our contact sheet or sends us e-mail. This Privacy Statement outlines the information Condumex, Inc. will collect and how we will use that information. We realize that the exciting growth of the Internet and online services raises questions concerning the nature, use and confidentiality of information collected about consumers. We want you to know that we apply our long- standing commitment to try to safeguard privacy to our online and internet activities. Condumex, Inc. wants you to understand when and how personal information is collected, used, disclosed and protected. That’s why we have provided you with this Privacy Policy (“Policy”). This Policy will also instruct you on what to do if you do not want your personal information collected or shared when you visit the Condumex, Inc. website, respond to our web-based advertisements or send us e-mail.
NETWORK AND INFORMATION SECURITY
We maintain a variety of physical, electronic, and procedural safeguards to guard your personal information. For example, we take a variety of steps to protect against unauthorized access to our systems that store personal information, such as policies limiting access to those systems to authorized personnel.
CHILDREN’S ONLINE PRIVACY
Condumex, Inc. recognizes that children may not be able to make informed choices about giving out personally identifiable information.
Condumex, Inc. is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Condumex, Inc. does not knowingly collect information from children under the age of 13 and does not target its website to children under 13.
For collection of personally identifiable information (that is, name, address, telephone number, or email address); if a child has provided us with personally identifiable information without the consent or parent or guardian, a parent or guardian of that child should contact us at the e-mail address listed at the bottom of this Policy if they would like this information deleted from our records.
We will use reasonable efforts to delete the child’s information from our records. Condumex, Inc. encourages parents to take an active role to protect the privacy and security of their children to prevent the inappropriate use of information about their children.
PERSONALLY IDENTIFIABLE INFORMATION
Condumex, Inc. will not voluntarily collect any personally identifiable information about you (that is, your name, address, telephone number, or e-mail address) unless you provide it to us voluntarily. Condumex, Inc. does not share, disclose or sell any personally-identifiable information (such as your name, address, telephone number or e-mail address) collected online on Condumex, Inc. sites with other unaffiliated companies or organizations for non-Condumex, Inc. marketing purposes, and we restrict their use and limit disclosure of Customer Proprietary Network Information (“CPNI”) for purposes or providing service to you or to market products and services.
What else should you know?
Consistent with the mandate of our parent companies, Condumex, Inc. requires all personnel who have access to personal data to execute confidentiality agreements and understand their responsibilities regarding personal data.
While we strive to protect your personal information, Condumex, Inc. cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
SECURITY AND INTEGRITY
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. Condumex, Inc. may, but is not obligated to, investigate any violation. Condumex, Inc. may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Condumex, Inc. products services or sending, receiving, posting, accessing, or storing any electronic transmission via our Website, you agree to cooperate, as well, in any such investigation. Examples of such security violations include, without limitation:
Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or
Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or
Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast
Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic
mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Condumex, Inc. or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Condumex, customer or other end- user. Condumex, Inc. may, but is not obligated to, take any action it deems necessary to protect its Website, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website. Condumex, Inc. may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms without regard to any preference you may have communicated to us.
INVESTIGATION AND ENFORCEMENT OF THE TERMS
All users of the Services must adhere to the Terms. We have the right, but are not obligated, to strictly enforce the Terms through self-help, active investigation, litigation and prosecution.
We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including but not limited to: (1) responding to emergencies;’ (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THESE TERMS, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THESE TERMS BY SUCH COMPANY, CUSTOMER OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A CONDUMEX, INC. WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A CONDUMEX, INC. WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” CONDUMEX, INC., ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. CONDUMEX, INC. DOES NOT GUARANTEE THAT ITS WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL CONDUMEX, INC., ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF CONDUMEX, INC., ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF
LEGAL CLAIM IN ANY WAY CONNECTED TO ANY CONDUMEX, INC. NETWORK OR WEBSITE WILL NOT EXCEED
$100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CONDUMEX, INC., AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE.
GOVERNING LAW
These Terms are governed by and must be construed under the laws of the State of Texas. The federal and state courts of Harris County, Texas, have exclusive jurisdiction over and venue of any suit that relates to these Terms.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Condumex, Inc., its subsidiaries, affiliates, directors, officers, shareholders, agents and employees harmless from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of the Terms by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website; or (5) your use of our Website.
TERMINATION
Condumex, Inc. reserves the right, in its sole discretion and for any reason whatsoever, to cancel, terminate, suspend or restrict, permanently or temporarily, your access to the Condumex, Inc. Site and/or any or all of the Services, at any time and without prior notice.
Condumex, Inc. may also remove any information that you submit, and cancel, modify, suspend, terminate or otherwise change or eliminate any of the Services it provides, without cause and without prior notice to you. You agree that Condumex, Inc. shall not be liable to you or any third party for any cancellation, termination, suspension or restriction of your access to the Condumex, Inc. Site and/or the Services, or for any change to or termination of the Services.
MISCELLANEOUS
Any failure to insist upon or enforce performance of any provision the Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in the Terms Condumex, Inc. may assign its rights and duties under these Terms to any party at any time without notice to you. If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
