CMIWebStudio.com Terms of Use Policy - Please Read Carefully.
The following page states the "Terms of Use" under which CMIWebStudio.com and C.M.I. L.L.C., (the "Company") operates and the terms of which you (the "User", "Users", or "You") accept by accessing the site. If you do not accept the terms, please do not use the services provided by the Company via the Web site CMIWebStudio.com (the "Website"). By using the Website you indicate your acceptance to be bound to the Terms of Use as stated.
USE
OF MATERIALS
All content and graphics (“Content”), including Web pages,
illustrations, photos, articles, HTML code and all other materials on
this site are protected by U.S. and international copyright laws and international
treaties. Material on this Web site may NOT be copied without the expressed
permission of the Company which reserves all rights. Re-use of any of
CMIWebStudio.com, content and graphics in any format for any purpose is
strictly prohibited. Users may not copy or adapt the HTML code that was
created by the Company in order to generate our Web site pages. Permission
for any use of materials from the Website must be granted in advance
in writing by C.M.I. L.L.C.. The CMIWebStudio.com logo or any such associated
with the above stated are available for organizations to use on their
site as a link, with prior approval from CMIWebStudio.com. The "look"
and "feel" of the Website is also subject to trademark and
other applicable restrictions. This includes CMIWebStudio.com's registered
color combinations, navigation tools, graphics, layout and other design
elements.
WEB
SITE USE
Users may not use the Website in order to transmit, distribute, store
or destroy material (a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret
or other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive, or hateful. Users are prohibited from violating
or attempting to violate the security of the Website, including, without
limitation, (a) accessing data not intended for such user or logging into
a server or account which the user is not authorized to access, (b) attempting
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization,
(c) attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus to the
Website, overloading, "flooding", "spamming", "mail
bombing" or "crashing", (d) sending unsolicited e-mail,
including promotions and/or advertising of products or services, or (e)
forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Violations of system or network security
may result in civil or criminal liability. The Company will investigate
occurrences which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved
in such violations.
DISCLAIMER
The Website and Company does not guarantee your
success in finding products or services that Users find suitable.
The Company operates in good faith to protect
all Users of the Website. In addition, please be
advised that there are inherent risks, such risks may involve the risk
of physical harm, of dealing with strangers, underage persons, or people
acting under false pretenses. You assume all risks associated with dealing
with other users with whom you come in contact through the Website and project designed for you. In
the circumstance that you have a dispute with one or more users, you release
both CMIWebStudio.com and C.M.I. L.L.C. from any claims, demands and damages
of every kind and nature, known and unknown, disclosed and undisclosed,
arising out of or in any way connected with such disputes. You expressly
release both CMIWebStudio.com and C.M.I. L.L.C. from any and all claims,
demands and damages of every kind and nature, arising out of or in any
way connected with your use of the Website. If You are a California resident,
You waive California Civil Code d1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
CMIWebStudio.com and C.M.I. L.L.C. are under no legal obligation to, and
generally do not, control the information provided by other users which
is made available through the Website. By its very nature, other people's
information may be harmful, inaccurate, and in some cases will be deceptively
mislabeled. We expect that you will use caution and common sense when
using this Website. The content may contain inaccurate or typographical
errors. The Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Website or the content. The use of
the Website and the Material is at your own risk. You acknowledge and
agree that you are solely responsible for the form, content and accuracy
of any resume or material contained therein placed by you on the Website.
Employers are solely responsible for their postings on the Website. The
Company is not to be considered to be an employer with respect to your
use of the Website and the Company shall not be responsible for any employment
decisions, for whatever reason made by any entity posting opportunities
on the Website. THE COMPANY DOES NOT GAURANTEE THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR HARMFUL DEVICES. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING REPAIR OF ANY SORT THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON
AN "AS IS" BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
COMPANY
LIABILITY
In no event shall CMIWebStudio.com, C.M.I. L.L.C., employers listed, nor
any third party involved in creating or delivering the website will be
liable under any theory (including negligence) for any incidental, consequential,
indirect, special, or punitive damages arising out of your access to or
use of the website, even if CMIWebStudio.com or C.M.I. L.L.C. has been advised
of the possibility of such damages. This includes, without limitation,
damages incidental and consequential, lost wages or profits, or damages
resulting from business interruption. Such damages will not be held responsible
from the Company due to the Website and its content, whether based on
warranty, contract, tort, or any other legal theory, and whether or not
the Company is advised of the possibility of such damages. CMIWebStudio.com's
or C.M.I. L.L.C.'s maximum liability arising out of or in connection with
CMIWebStudio.com or any C.M.I. L.L.C. site or use of the Website or Content,
regardless of the cause of action (whether in contract, tort, breach of
warranty or otherwise), will not exceed $100.
INDEMNITY
You agree to indemnify and hold harmless each of CMIWebStudio.com and C.M.I.
L.L.C., its owners, employees, directors and affiliated entities including
all third parties mentioned at Website, from and against any and all
claims, actions or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from your use of the Website,
the Content or your breach of these Terms of Use.
JURISDICTION
This Website is controlled, operated and administered by CMIWebStudio.com
and C.M.I. L.L.C. from its offices within the State of Florida. CMIWebStudio.com
and C.M.I. L.L.C. makes no representation or warranty that the Website
or Content are appropriate or available for use at any locations outside
of Florida. These Terms of Use shall be interpreted, construed and governed
by the laws in force in the State of Florida. You agree that any action,
suit or proceeding arising out of or related to these Terms of Use shall
be commenced in Florida. Each party hereby agrees to submit to
the jurisdiction of the courts of Florida and waives any objections based
upon venue in any such action, suit or proceeding. The United Nations
Convention on Contracts for the International Sale of Goods does not apply
to these Terms of Use. Notwithstanding the foregoing, CMIWebStudio.com and
C.M.I. L.L.C. may pursue enforcement of intellectual property rights and
the protection of confidential information in such other jurisdictions
as through injunctive or other equitable relief through the courts.
TERMINATION
OF SERVICES
CMIWebStudio.com and C.M.I. L.L.C., reserves the right to pursue all of
its legal remedies in order to protect the Website and its users. These
actions may include but are not limited to deletion of employer postings
from this Website, termination of members subscription due to actions
deemed as a threat to the Company, immediate termination of your registration
or ability to access the Website, and termination of all other service
provided to you by the Company. The above mentioned may be required upon
any breach by you of these Terms of Use.
PAYMENT
OF PRODUCTS AND SERVICES
Certain portions, components, Content and features of the Website are
only available to Users who purchase products or services. As a User of
one of the fee-based products or services, You agree that you intend to form a legally binding contractare to pay using a valid
credit card or check (or other form of payment which CMIWebStudio.com and C.M.I.
L.L.C. may accept from time to time), the fixed and periodic charges and
fees (including any prepayment plan fees for multiple periods) set forth
on this Website, applicable taxes, and other charges and fees incurred
in order to access the products or services. The charges and fees on this
Website are expressed in United States dollars and your credit card, check, or
other account will be charged in United States dollars. CMIWebStudio.com
and C.M.I. L.L.C. reserves the right to increase charges and fees, or
to institute new charges or fees at any time, upon reasonable advance
notice communicated to you through a posting on this Website or such
other means as CMIWebStudio.com
and C.M.I. L.L.C. may deem appropriate from time to time (including
electronic mail or conventional mail).
SERVICES
WITH AUTO RENEWAL OR RECURRING BILLING
Services designated as renewing or recurring will be automatically billed
for the designated term until cancelled. It is the responsibility
of the registered User to contact our staff for cancellation of these
services in order to prevent automatic billing. Users
MUST contact our staff to cancel. Users can do so simply by filling out a Customer
Support Ticket at http://www.cmiwebstudio.com/contact_us with their request.
REFUND
POLICY
CMIWebStudio.com and C.M.I. L.L.C. are NOT required to provide refunds
of any kind, including refunds for User subscription, remaining subscription
term, employer services, resume services, any all other Site related
products and services. If there is a situation happening that requires our staff's attention, we will address it on a case by case basis through the Customer Support Ticket System.
WEBSITE RENTALS
General Terms
CMI Web Studio is an Internet Web Site Design and Hosting Company, a term that is commonly understood in the Internet industry, and maintains the devices, hardware, and software necessary to provide serving of Internet Web Pages, Internet E-mail Accounts, and Hosting of Internet Domain Names. By accepting this Agreement, you are accepting us as your website rental and hosting company.
The Terms of this Agreement will begin upon our acceptance of your order as a website rental client and will end when terminated by either party. Either you or we may terminate this Agreement at any time by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will no longer be able to access our website builder and website programs. The account management programs used to edit your site are the property of CMI Web Studio. Upon completion of your payment it is non refundable. It is at the discretion of CMI Web Studio if refund conditions apply. The content of the website, content meaning information that the client has placed on the pages of the website, remain the property of the client and a copy of such should be kept by the client at all times. You are responsible for making this copy before you terminate your service.
Acceptable Use and Our Right to Interrupt Your Service
We will reject your use of our services if we determine (at our sole discretion) that your site is unsuitable for publication on our servers. Unsuitable sites include those that:
1. Promote sexually explicit materials
2. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
3. Promote violence
4. Promote anything illegal in The United States.
We reserve the right to refuse service to you for any reason. If we accept your order and your site is thereafter determined (at our sole discretion) to be unsuitable, we would cease publication of your website on our servers. If your site is deemed to be unsuitable, you will not be entitled to a refund of fees paid. We reserve the right to update our stated policy on which kind of sites are not acceptable.
E-commerce Sites
If you rent an e-commerce package or you pay for us to setup an e-commerce solution, we will provide you with the facility to take payments via your Internet payment option, either via PayPal or other enabled options. CMI Web Studio, nor any of it's related companies, is not in any way responsible for any disputes, payment related or otherwise, that you or your company might have with your clients at any time. CMI Web Studio, nor any of it's related companies, takes no responsibility for fraudulent encounters you experience from visitors to your website. You take full responsibility for your payment transactions on your website and in ordering our rental website you are in agreement with these terms and conditions.
Our Programs / Your Information
CMI Web Studio Website Builder and Website is the property of CMI Web Studio. CMI Web Studio Website Builder and Website is a complex suite of programs hosted on our server, and is exclusive to using our services. If you choose to terminate this agreement and stop using our service, you will no longer have access to these website solutions. Should you decide to discontinue the use of our rental website it is your responsibility to ensure that you have a backup of your text information.
Cancellation
You can cancel your site at any time. No refund will be given for any prepaid services ordered by you.
Changes to this Agreement or Our Services
We reserve the right, at our sole discretion, to modify or discontinue any program or price currently included with our website rental package. We may modify any of the terms and conditions contained in this Agreement at any time by providing you a change of service notification. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued use of our services after we notify clients of such changes will constitute binding acceptance of the changes.
Web Hosting.
CMI Web Studio includes website hosting with the website rental agreement. Website hosting must be done with CMI Web Studio in order to purchase website rental services.
Legal.
CMI Web Studio does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will CMI Web Studio be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if CMI Web Studio has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Payment of fees.
In order for CMI Web Studio to remain in business, payments must be made promptly. Delinquent bills will be assessed a $25 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. CMI Web Studio reserves the right to remove web pages from viewing on the Internet and/or not releasing final work to client(s) until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by CMI Web Studio. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Hillsborough County, Florida, and any dispute will be litigated or arbitrated in Hillsborough County, Florida.
Sole Agreement. The agreement contained in the “CMI Web Studio Website Agreement” constitutes the sole agreement between CMI Web Studio and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order.
Payment.
A one time setup fee of $99 and $99 per month per website.
PRIVACY
COMMITMENT
CMIWebStudio.com is committed to protecting the privacy of all our users.
We want to provide a safe, secure user experience. By registering with
the site, or by submitting your e-mail address for the use of our services,
you agree that the information you submit can be used by CMIWebStudio.com.
The Company also reserves the right to offer third party services and
products to you, such offers that may be made by the Company or by third
parties. We will use our best efforts to ensure that the information you
submit to us remains private.
USER
SUBMISSIONS
CMIWebStudio.com does not want to receive confidential or proprietary information
from you through our Web site. Please note that any information or material
sent or submitted will be deemed NOT to be confidential. By sending CMIWebStudio.com
any information or material, you grant an unrestricted, irrevocable license
to use, reproduce, display, perform, modify, transmit and distribute those
materials or information.
REGISTRATION
AND PASSWORDS
You are responsible for maintaining the confidentiality of your information
and password. You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify the
Company of any unauthorized use of your registration or password.
COOKIES
To enhance your experience at CMIWebStudio.com, we use a feature on your
Internet browser called a "cookie". Cookies are small files
that your Web browser places on your computer's hard drive. We use cookies
for remembering user names and passwords and preferences, tracking click
streams, and for load balancing. Because of our use of cookies, we can
deliver faster service, consistent, updated results, and a more personalized
site experience. You have the option of setting your browser to reject
cookies. However, doing this will hinder performance and negatively impact
your experience on our site
ADDITIONAL
TERMS OF USE
Certain areas of this Website are subject to additional terms of use.
By using such areas, or any part thereof, You agree to be bound by the
additional terms of use applicable to such areas.
ACCEPTANCE
By closing this browser window; or by submitting payment information; or by accessing any portion of the CMIWebStudio.com
Web site, you agree that you have read, understand, and agree to abide
by this Terms Of Use Agreement, and any documents incorporated by reference,
and you agree that you intend to form a legally binding contract; and
that this Terms Of Use constitutes "a writing signed by You"
under any applicable law or regulation. Any rights not expressly granted
herein are reserved by CMIWebStudio.com and C.M.I. L.L.C..