Agreement between User and CMS Communications, Inc.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT.
This Website is offered to you by CMS Communications, Inc. on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Website. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. CMS Communications, Inc. reserves the right to change the terms, conditions and notices under which this Website is offered at any time at its sole discretion.
Personal and Non-Commercial Use
This Website is for your personal, non-commercial use. You may view and download information on this Website for your own personal use as long as you maintain all copyright and other notices contained in or associated with the content. You may not copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information obtained from this Website or use the information for any public or commercial purpose.
Unlawful and Prohibited Use
You warrant to CMS Communications, Inc. that you will not use this Website for any purpose that is unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Website.
If this Website contains chat areas, forums, communities, bulletin board services, news groups, e-mail service or other message or communication facilities, you agree not to use the Website to:
- Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "SPAM," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized in writing by CMS Communications, Inc.
- Disrupt or interfere with the operation of the Website or any servers or networks connected to the Website service.
- Violate any applicable local, state, national or international law.
- Collect or store personal data about other users.
CMS Communications, Inc. may, in its sole discretion, deny any user access to this Website or any portion of the site without notice.
You agree to indemnify and hold CMS Communications, Inc, its advertisers and any other third parties mentioned on this site harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) which arise out of, are connected with or directly relate to your wrongful or unlawful use of this Website or any breach of any representation or warranty made by you in this Agreement.
Use of Information and Messages
CMS Communications, Inc. may use and disclose any information and material received from you, or collected through your use of the site, for any lawful reason or purpose. By posting messages or engaging in other communication to the CMS Communications, Inc. Website, you grant to CMS Communications, Inc. a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against CMS Communications, Inc. for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
Links to Other Websites
This Website may contain links to other Websites operated by parties other than CMS Communications, Inc. The links are provided for your convenience only. CMS Communications, Inc. does not control the other Websites and is not responsible for the content on such Websites. By offering links, CMS Communications, Inc. is not implying that it endorses anything contained on such Websites or has any association with the operators of those Websites. If you access any links to other Websites, you do so entirely at your own risk.
Other than personally identifiable information, you acknowledge and agree that communications and transmission to and from the CMS Communications, Inc. Website are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and CMS Communications, Inc. other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and CMS Communications, Inc. as a result of this Agreement or use of this Website.
This Agreement is governed by the laws of the United States and of the State of Arizona. You consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona U.S.A. in all disputes arising out of, or relating to, use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Website and this Agreement, including this paragraph. If you access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.
In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Website. It supersedes all prior oral or written understandings and agreements relating to use of this Website. CMS Communications, Inc.’s waiver of any provision of this Agreement shall not be deemed to waive it for the future.
Copyright and Trademark Notices
All contents, such as text, graphics, logos, icons, images, audio or video clips, software, site design and the selection and assembly of them, of this Website are Copyright © 2009 CMS Communications, Inc. All rights reserved. These contents are the sole property of CMS Communications, Inc. Such property is protected by United States and International Copyright Laws. All rights not expressly granted in this User Agreement are reserved. Except as otherwise required by applicable law, any download, copy, reproduction, modification, distribution, publication, transmission, transfer, sale, license, display, performance or adaptation of the content is strictly prohibited. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
The CMS Communications, Inc. name and logos (referred to as "marks") on this Website are proprietary to CMS Communications, Inc. These marks may not be used in connection with any product or service other than CMS Communications, Inc. products or services. The marks may not be used in any manner that is likely to cause confusion among customers or potential customers of CMS Communications, Inc. The marks may not be used in any manner that disparages or discredits CMS Communications, Inc. or in any manner not expressly authorized by CMS Communications, Inc.
All other company names, brand names, product names, and service names used on this Website are trade names, service marks, trademarks, or registered trademarks of their respective owners.
Linking to this Website
We encourage linking to the CMS Communications, Inc. Website. All we ask is that you notify us and comply with the following:
- Do not frame or border the CMS Communications, Inc. Website in any way.
- Do not copy, mirror or otherwise duplicate the CMS Communications, Inc. Website content.
- Do not imply any endorsement by CMS Communications, Inc.
- Do not provide false or misleading information about CMS Communications, Inc.
- Do not misrepresent any relationship with CMS Communications, Inc.
- Do not link to the CMS Communications, Inc. Website if your Website contains content that could be considered offensive, inappropriate or unsuitable for viewers of any age.
- Do not link to the CMS Communications, Inc. Website for the purpose of selling any products or services without prior written authorization from CMS Communications, Inc.
Revised September 24, 2018