Membership dues are
billed monthly. Your credit card will be charged at the time of
registration, and every month thereafter. Cancel
anytime to discontinue your membership. Cancellation becomes effective on the next billing date. All payments are final.
CMI
Interactive, LLC ("CMII") provides its services to you subject to the
following Terms and Conditions. If you visit or shop at the CMII, you
accept these Terms and Conditions. If you do not agree to be bound by
all of these Terms and Conditions, please do not use or access this
Website. CMII reserves the right to cancel your membership should you
violate any provision of these Terms and Conditions, or any other
posted policy on the Website. The contents of this Website, including
the text, graphics, images, and information obtained from CMII’s
third-party content providers, sponsors, suppliers, and licensors
(collectively "Providers"), and any other materials are to be used for
informational purposes only. The information presented on this Website
is in no way intended as professional advice or as a substitute for
professional advice. This information should only be used in
conjunction with the guidance of your business professional.
PARENTAL OR GUARDIAN PERMISSION. You
must be 18 years or older to purchase any product or service offered on
or through the Website. Some of the content on the Website may not be
appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT
PERMITTED TO USE THIS WEBSITE. We strongly recommend that children
between the ages of 13 and 18 ask for their parent’s or guardian’s
permission before viewing the Website.
PRIVACY. Please review
our Privacy Policy located at http://www.CMIInteractive.com, which also
governs your visit to the Website, to understand our privacy practices.
COMMUNICATIONS. When
you visit the Website or send emails to us, you are communicating with
us electronically. You consent to receive communications (including
legal notices) from us electronically. We will communicate with you by
email or by posting notices on the Website. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. CMII may also deliver communications to
you electronically. In addition, CMII may deliver communications
(including legal notices) to you at the street address provided in your
CMII membership account. Finally, CMII may deliver communications to
you by any means set forth in any other CMII policy or notice published
on the Website. You may contact us by email at help@CMIInteractive.com,
and we will forward your message to the appropriate CMII department. We
try to answer every email in a timely manner but are not always able to
do so. In addition, you may contact us at the following address: CMI
Interactive, LLC 777 Main Street, Suite 600 Fort Worth, Texas 76102.
LICENSE AND SITE ACCESS. CMII
grants you a limited license to access and make personal use of the
Website and you may not download (other than page caching) or modify
it, or any portion of it, without the express written consent of CMII.
This license does not include any resale or commercial use of the
Website or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of the Website or
its contents; or any use of data mining, robots, or similar data
gathering and extraction tools. The Website or any portion thereof may
not be reproduced, duplicated, copied, sold, resold, or otherwise
exploited for any commercial purpose without express written consent of
CMII. You may not frame or utilize any framing techniques to enclose
any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of CMII without our express written
consent. You may not use any metatags or any other hidden text
utilizing CMII’s name or trademarks without the express written consent
of CMII. Any unauthorized use terminates the permission or license
granted by CMII. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of the Website so long as
the link does not portray CMII, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
manner. You may not use any CMII logo or other proprietary graphic or
trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT. If
you use the Website, you are responsible for maintaining the
confidentiality of your 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. CMII and its
affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
Memberships are non-transferable. You agree to (a) maintain all
equipment necessary for your access to and use of the Website; (b)
maintain the security of your user identification, password, Personal
Information (as defined in our Website Privacy Policy), and any other
confidential information relating to your CMII account; (c) take
responsibility for all charges resulting from use of your CMII account,
including unauthorized use prior to your notifying CMII of such
unauthorized use and taking the legal steps to prevent its further
occurrence by contacting us to change your password; and (d) update
your Personal Information (as defined in our Website Privacy Policy),
including email address, as appropriate.
CANCELING YOUR MEMBERSHIP. You
may cancel your membership by editing your profile at
www.CMIInteractive.com or by mail to CMI Interactive, LLC, 777 Main
Street, Suite 600 Fort Worth, Texas 76102 Attn: Member Services
(provide your first and last name, user name, email address, and your
intent to cancel).
DISCLAIMERS AND LIMITATION OF LIABILITY. Users
of the Website (individually and collectively, "User") expressly agree
that use of the Website is at User’s sole risk. Neither CMII, nor its
employees or Providers, warrant that the Website will be uninterrupted
or error-free; nor do they warrant or make any representation regarding
the use of the information provided on the Website or the results that
may be obtained from the use of the information provided on the
Website, or as to the accuracy, reliability, or currency of any
information, content, service, or merchandise provided through the
Website. CMII does not endorse, recommend, or sponsor and is not
affiliated with any individuals or entities listed or linked to on the
Website unless that fact is expressly stated. The listing of any
individual or entity does not constitute a professional referral of any
kind. Users are advised to exercise their own further informed review,
judgment, and evaluation in the selection of any and all professionals
and business information. THE WEBSITE IS PROVIDED BY CMII ON AN "AS IS"
AND "AS AVAILABLE" BASIS. CMII MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR
THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED
OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, CMII DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR
A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CMII OR PROVIDERS BE
LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT,
INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE
SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE
RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF
CMII IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL CMII’S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR
SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY CMII, PROVIDERS OR THE LIKE, SHALL CREATE A
WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under
no circumstances shall CMII or any other party involved in creating,
producing, or distributing the Website be liable for any direct,
indirect, incidental, special, or consequential damages that result
from the use of or inability to use the Website, including but not
limited to the results from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in
operation or transmission, or any failure of performance, whether or
not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to the Website’s records, programs,
or services. User acknowledges that this paragraph shall apply to all
content, merchandise, and services available through the Website. In
those states that do not allow the exclusion or limitation of liability
for consequential or incidental damages, liability is limited to the
fullest extent permitted by law.
THIRD-PARTY CONTENT. The
Website contains information, data, software, photographs, graphs,
videos, typefaces, graphics, audio and other material (collectively
"Content"). Regarding the Content supplied by Users or parties other
than CMII, CMII is a distributor and not a publisher. CMII has no more
editorial control over such third-party or User Content than does a
public library or newsstand. Any opinions, advice, statements,
services, offers, or other information that constitutes part of Content
expressed or made available by third parties and not by CMII are those
of the respective authors or distributors and not of CMII. Neither CMII
nor any third party, including any Provider, or any User of the
Website, guarantees the accuracy, completeness, or usefulness of any
Content, nor its merchantability or fitness for any particular purpose.
In many instances, the Content available through the Website represents
the opinions and judgments of the respective Provider or User not under
contract with CMII.com. CMII neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice, or statement made
on the Website by anyone other than authorized CMII employees. Under no
circumstances shall CMII be liable for any loss, damage or harm caused
by a User’s reliance on information obtained through the Website. It is
the responsibility of a User to evaluate the information, opinion,
advice or other Content available through the Website.
ONLINE CONDUCT. User
agrees to use the Website only for lawful purposes. User is prohibited
from posting on or transmitting through the Website any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law or regulation.
If CMII is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive content provided by User, CMII may investigate
the allegation and determine in its sole discretion whether to remove
or request the removal of such content from the Website. CMII may
disclose any content or electronic communication of any kind: (i) to
satisfy any law, regulation, or government request; (ii) if such
disclosure is necessary or appropriate to operate the Website; or (iii)
to protect the rights or property of CMII, its Users or Providers. CMII
reserves the right to prohibit conduct, communication, or content that
it deems in its sole discretion to be harmful to individual Users, the
Website, or any rights of CMII or any third party, or to violate any
applicable law. Notwithstanding the foregoing, neither CMII nor its
Providers can ensure prompt removal of questionable content after
online posting. Accordingly, neither CMII, nor Providers shall assume
liability for any action or inaction with respect to conduct,
communication, or content on the Website.
LINKS TO OTHER SITES. The
Website may reference or link to third-party sites throughout the World
Wide Web. CMII has no control over these third-party sites or the
content within them. CMII cannot and does not guarantee, represent or
warrant that the content contained in these third-party sites is
accurate, legal, or inoffensive. CMII does not endorse the content of
any third-party site, nor do we warrant that they will not contain
viruses or otherwise impact your computer. CMII does not assume any
responsibility or liability for the actions, product, services, and
content of all these and any other third parties. If you choose to link
to or use a third-party website, you should carefully review such third
party’s privacy statement and other terms and conditions of use. By
using the Website to search for or link to another third-party site,
you agree and understand that you may not make any claim against CMII
for any damages or losses, whatsoever, resulting from your use of the
Website to obtain search results or to link to another site.
COPYRIGHTS. Copyright
(c) 2006 CMI Interactive, LLC All materials and contents contained in
the Website (including but not limited to the text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations
and software), and the Website itself, are copyrighted materials
belonging exclusively to CMII or its content suppliers and are
protected by United States and international copyright law. CMII
enforces its copyright interests to the fullest extent permitted under
the law, and shall seek civil and criminal remedies where appropriate,
including the remedies provided for under sections 501 et seq. of Title
17 of the U.S. Code. All rights are reserved.
TRADEMARKS. CMII
and CMI Interactive and the related logos and other marks indicated on
our Website are the exclusive property and trademarks of CMI
Interactive, LLC CMII reserves all rights, including all rights
applicable under the U.S. and international trademark laws, including,
without limitation Section 1125 of Title 15 of the U.S. Code (Lanham
Act Sec. 43). All other trademarks not owned by CMII that appear on
this Website are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by CMII.
INDEMNITY. You
agree to defend, indemnify, and hold CMII and Providers harmless from
and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from, your violation of these
Terms and Conditions.
APPLICABLE LAW. The Website is created
and controlled by CMII in the State of Texas. As such, the laws of the
State of Texas will govern these disclaimers, terms and conditions,
without giving effect to any principles of conflicts of laws. CMII
reserves the right to make changes to its Website and these
disclaimers, terms and conditions at any time. User hereby irrevocably
and unconditionally consents to submit to the jurisdiction of the State
of Texas for any litigation arising out of or relating to use of or
purchase made through the Website (and agrees not to commence any
litigation relating thereto except in such courts), waives any
objection to the laying of venue of any such litigation in the Texas
courts and agrees not to plead or claim in any Texas court that such
litigation brought therein has been brought in an inconvenient forum.
MISCELLANEOUS TERMS. In
any action against us arising from the use of this Website, the
prevailing party shall be entitled to recover all legal expenses
incurred in connection with the action, including but not limited to
its costs, both taxable and non-taxable, and reasonable attorney’s
fees. CMII reserves the right to make changes to the Website, these
policies, and these Terms and Conditions at any time, effective
immediately upon the posting on this Website. Please check these Terms
and Conditions periodically. In addition, these Terms & Conditions
may be modified only by our posting of changes to these Terms &
Conditions on this Website, or by signed, written agreement of both
parties. Each time you access this Website, you will be deemed to have
accepted any such changes. If any of these terms and conditions shall
be deemed invalid, void, or for any reason unenforceable, that term or
condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining terms and conditions. These Terms
& Conditions are the entire agreement between you and us relating
to the subject matter herein. We may assign our rights and obligations
under these Terms & Conditions. These Terms & Conditions will
inure to the benefit of our successors, assigns, and licensees. The
failure of either party to insist upon or enforce the strict
performance of the other party with respect to any provision of these
Terms & Conditions, or to exercise any right under the Terms &
Conditions, will not be construed as a waiver or relinquishment to any
extent of such party’s right to assert or rely upon any such provision
or right in that or any other instance; rather, the same will be and
remain in full force and effect.
Unsolicited Idea Submission Policy CMI
Interactive, LLC ("CMII"), and/or any of its employees, do not accept
or consider unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new or improved products or technologies,
product enhancements, processes, materials, marketing plans or new
product names. Please do not send any original creative artwork,
suggestions, or other works. The sole purpose of this policy is to
avoid potential misunderstandings or disputes when CMII’s products or
marketing strategies might seem similar to ideas submitted to CMII. So,
please do not send your unsolicited ideas to CMII or anyone at CMII.
If, despite our request that you not send us your ideas, you still send
them, then regardless of what your letter, fax, or e-mail says, the
following terms shall apply to your idea submission.
Terms of Idea Submission You
agree that: (1) your ideas will automatically become the property of
CMII without compensation to you, and (2) CMII can use the ideas for
any purpose and in any way, even give them to others.
Product and/or Service Feedback CMII
does, however, welcome your feedback regarding many areas of CMII’s
existing business. If you want to send us your feedback, and we hope
you do, we simply request that you send it to us using the form found
at http://www.CMIInteractive.com. Please provide only specific feedback
on CMII’s existing products or marketing strategies; do not include any
ideas that CMII’s policy will not permit it to accept or consider. It’s
just one more way that CMII can learn how to best satisfy your needs.
Feedback and Information Any
feedback you provide at this site shall be deemed to be
non-confidential. CMII.com shall be free to use such information on an
unrestricted basis.
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