Terms & Conditions

1. Service:
   
   Thank you for visiting www.comarket.com ("COMARKET"), a service of Incware, LLC ("INCWARE"), and reviewing our User Agreement. By using and/or maintaining an account with COMARKET, ("USER"), the USER agrees to comply with all of the Terms set forth herein.
2. Privacy Policy:
   
   User privacy is important to INCWARE and INCWARE shall protect user privacy to the best of our ability. INCWARE does not sell, rent, or otherwise provide your personally identifiable information to third-parties for marketing or any other purposes beyond the scope of this User Agreement unless otherwise compelled by law, or as necessary to enforce our User Agreement or protect the rights, property, or personal safety of INCWARE, its USERS, and the public. INCWARE will only share USER's personally identifiable information with third-parties to carry out USER instructions or to provide the USER requested services or information. Much of the information provided to COMARKET by the USER is provided for the purpose of being shared with other COMARKET USERS. This sharing of information does not constitute a breach of our privacy policy. This privacy policy does not describe information collection and privacy practices on other sites, including those linked to or from COMARKET.
3. Type of Information Collected:
   
   COMARKET automatically collects and saves only the default information customarily logged by web server software; including but not limited to: date and time of visit, originating IP address, pages and images requested. COMARKET requests other information that USER may elect to provide, including but not limited to: name, company name, address, telephone numbers, email address, etc. This information is provided to COMARKET by USER solely for the purpose of sharing it within COMARKET and with other COMARKET users.
4. Child Online Privacy Protection Act (COPPA):
   
   
   Children under the age of 13 are not eligible to use services that require submission of personal information and should not submit any personal information to COMARKET. This includes submitting personal information as part of a user profile or personalization profile. If USER is under the age of 13, USER shall access COMARKET only with the permission and under the direct supervision of a parent or guardian. USERs under the age of 13 should seek guidance from parent or guardian. INCWARE will not provide personal information about children to third-parties.
5. Copyright:
   
   The materials found on COMARKET are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of COMARKET are protected under Copyright. Permission is granted to view and print materials from COMARKET for the purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of INCWARE, is strictly prohibited.
6. Trademarks:
   
   Trademarks and/or service marks including logos and designs found on COMARKET are property of INCWARE or registered USERS of COMARKET. USERS that provide images, logos, and information to INCWARE for use on COMARKET, hereby grant INCWARE a non-exclusive, fully-paid, worldwide license to use those materials in accordance with the purposes defined in this User Agreement. Such marks may not be used by USERS under any circumstances without the prior written authorization of their respective owners. Any use on COMARKET of trademarks, services marks or logos believed by the holder of such mark to be an infringement of holder's intellectual property rights shall be removed, after written notice to INCWARE, in accordance to the procedures outlines in the Digital Millenium Copyright Act.
7. Links to Third-Party Web Site:
   
   COMARKET may provide hyperlinks to third-party web sites or other content that are completely independent of COMARKET and INCWARE. INCWARE does not control third-party web sites and is not responsible for the content of third-party web sites. USER agrees that INCWARE will have no liability to USER or any other entity for the content or use of the content available through such hyperlink, including but not limited to directories, servers, networks, databases, software, programs, products, services or applications.
8. Cookies:
   
   Like many web sites, COMARKET uses cookies which allow us to make USERS visit to the site easier, more efficient and more valuable by providing the USER with a customized experience and recognizing USER when USER returns. A cookie is a small computer file that is stored on a USER's computer and contains information that COMARKET uses. COMARKET requires your browser to allow cookies, otherwise the site will not perform as expected. If you delete or clear your COMARKET cookies, your current session will be lost. If you were logged in, you will need to Log-in again. COMARKET keeps alive a "REMEMBERME" cookie for managing your desire to be remembered and logs you in when returning to the site. COMARKET expires all other cookies used by the site when your browser session is ended; either by directly closing all browser tabs and/or windows with the site, or by idle timeout. When you are logged in, COMARKET keeps information related to your USER level on the cookies it uses. During Sign-up, COMARKET keeps information related to your potentially new account on the cookies it uses until your Sign-up is complete.
9. No Warranties:
   
   USER agrees that INCWARE shall not be responsible for any loss or damage of any sort incurred as the result of any dealings with other COMARKET USERs initiated by, through or referred in conjunction with COMARKET. INCWARE does not make any expressed or implied warranties, representations or endorsements whatsoever (including, without limitation, the implies warranties of merchantability or fitness for a particular purpose) with regard to COMARKET, the materials, products, information or service provided through COMARKET, and will not be liable for any cost or damage arising either directly or indirectly from use of COMARKET. INCWARE does not warrant that COMARKET will be uninterrupted or error-free or that defects in it will be corrected. COMARKET is provided on an "as is, as available" basis. In no event will INCWARE or its members, managers, officers, employees agents and the assigns of same be liable for (1) any incidental, consequential or indirect damages (including, but not limited to, damages for loss of profit, business interruption loss of programs or information, and the like) arising out of the use of or inability to use COMARKET, the materials or any information, or transactions provided on COMARKET or downloaded from the web site, even if INCWARE or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions or other inaccuracies in COMARKET, the materials and/or listings or information downloaded through COMARKET. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to USER. In such states, INCWARE's liability is limited to the greatest extent permitted by law.
10. Indemnification:
    
    USER agrees to indemnify, defend and hold harmless INCWARE and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with USERS use of COMARKET, inappropriate use of any trademarked materials, and any violation of this agreement by USER.
11. Fees:
    
    INCWARE reserves the right to charge for the services of COMARKET and to change any applicable fees from time to time in its discretion. USER agrees to pay the applicable fees, including, without limitation, periodic fees for accounts as they become due plus all related taxes, and to reimburse INCWARE for all collection costs and interest for any overdue amounts. USER's obligation to pay fees continues through the date USER cancels USER's subscription. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
12. Registration Information:
    
    USER agrees to provide COMARKET with true, accurate, current and complete information as prompted by the COMARKET registration forms, when registering for or using the service and update and maintain the truthfulness, accuracy and completeness of such information.
13. Account Security:
    
    USER will create a user ID and a password when USER registers. User ID and password may only be used by USER. USER is solely responsible for maintaining and protecting the confidentiality of user ID and password, and is fully responsible for all activities that occur under user ID and password.
14. Conduct and Content:
    
    INCWARE reserves the right to immediately, and without warning, terminate access and delete all content related to USER if USER is found to engage in any of the following activities:
    1. Rent, lease, loan, trade, sell/re-sell access to COMARKET or any information therein, or the equivalent, in whole or part;
    2. Use manual or automated software, devices, scripts, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
    3. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from COMARKET except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
    4. Upload, post, email, transmit or otherwise make available or initiate any content that:
       1. Falsely states, impersonates or otherwise misrepresents USER identity, including but not limited to the use of a pseudonym, or misrepresenting users current or previous positions and qualifications, or affiliations with a person or entity, past or present;
          
          
       2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable, including but not limited to: images containing nudity, or, sexually explicit subject matter;
          
          
       3. Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, and sending messages to distribution lists, newsgroup aliases, or group aliases.
15. Governing Law and Jurisdiction:
    
    
    This User Agreement constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of Tennessee.
16. Disputes:
    
    Any dispute or controversy arising under, out of or in connection with, or in relation to this Agreement, or any amendment hereof, or the breach hereof shall be determined and settled by arbitration in Rutherford County, Tennessee, in accordance with the rules of the American Arbitration Association and applying the laws of the State. Any award rendered by the arbitrator shall be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The costs of any such arbitration shall be borne equally by both parties. During the pendency of any such arbitration and until final judgment thereon has been entered, this Agreement shall remain in full force and effect unless otherwise terminated as provided hereunder. The provisions of this Article shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
17. Updates:
    
    INCWARE reserves the right to change this agreement at any time by posting new User Agreement at this location. This agreement was last updated on January 20th of 2011.
18. Contact Information:
    
    Questions or comments regarding COMARKET should be sent by e-mail to info@incware.com or by U.S. mail to: Incware, LLC, 2650 Memorial Blvd Suite A, Murfreesboro, TN, 37129.