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AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cultivating & Marketing Professionals.("Company", “we”, “us”, or “our”), concerning your access to and use of the http://www.camarketingpros.com website as well as any other media form, media channel, mobilewebsite or mobile application related, linked, or otherwise connected thereto (collectively, the“Site”). You agree that by accessing the Site, you have read, understood, and agreed to bebound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMSOF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOUMUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time totime are hereby expressly incorporated herein by reference. We reserve the right, in our solediscretion, to make changes or modifications to these Terms of Use at any time and for anyreason. We will alert you about any changes by updating the “Last updated” date of theseTerms of Use, and you waive any right to receive specific notice of each such change. It is yourresponsibility to periodically review these Terms of Use to stay informed of updates. You will besubject to, and will be deemed to have been made aware of and to have accepted, the changesin any revised Terms of Use by your continued use of the Site after the date such revised Termsof Use are posted.
The information provided on the Site is not intended for distribution to or use by any person orentity in any jurisdiction or country where such distribution or use would be contrary to law orregulation or which would subject us to any registration requirement within such jurisdiction orcountry. Accordingly, those persons who choose to access the Site from other locations do soon their own initiative and are solely responsible for compliance with local laws, if and to theextent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portabilityand Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.),so if your interactions would be subjected to such laws, you may not use this Site. You may notuse the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, and graphics on theSite (collectively, the “Content”) and the trademarks, service marks, and logos contained therein(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyrightand trademark laws and various other intellectual property rights and unfair competition laws ofthe United States, international copyright laws, and international conventions. The Content andthe Marks are provided on the Site “AS IS” for your information and personal use only. Exceptas expressly provided in these Terms of Use, no part of the Site and no Content or Marks maybe copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.Provided that you are eligible to use the Site, you are granted a limited license to access anduse the Site and to download or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, non-commercial use. We reserve all rights notexpressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit willbe true, accurate, current, and complete; (2) you will maintain the accuracy of such informationand promptly update such registration information as necessary; (3) you have the legal capacityand you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction inwhich you reside; (5) you will not access the Site through automated or non-human means,whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal orunauthorized purpose; and (7) your use of the Site will not violate any applicable law orregulation.If you provide any information that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current or future use of theSite (or any portion thereof).USER REGISTRATIONYou may be required to register with the Site. You agree to keep your password confidential andwill be responsible for all use of your account and password. We reserve the right to remove,reclaim, or change a username you select if we determine, in our sole discretion, that suchusername is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Siteavailable. The Site may not be used in connection with any commercial endeavors except thosethat are specifically endorsed or approved by us.As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly orindirectly, a collection, compilation, database, or directory without written permission fromus.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitiveaccount information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site,including features that prevent or restrict the use or copying of any Content or enforcelimitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm anotherperson.
6. Make improper use of our support services or submit false reports of abuse ormisconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or othermaterial, including excessive use of capital letters and spamming (continuous posting ofrepetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Siteor modifies, impairs, disrupts, alters, or interferes with the use, features, functions,operation, or maintenance of the Site.
11. Engage in any automated use of the system, such as using scripts to send comments ormessages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) any material that acts as apassive or active information collection or transmission mechanism, including withoutlimitation, clear graphics interchange formats (“gifs”), 1 1 pixels, web bugs, cookies, orother similar devices (sometimes referred to as “spyware” or “passive collectionmechanisms” or “pcms”).
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or servicesconnected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged inproviding any portion of the Site to you.
18. Attempt to bypass any measures of the Site designed to prevent or restrict access to theSite, or any portion of the Site.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,JavaScript, or other code.
20. Decipher, decompile, disassemble, or reverse engineer any of the software comprisingor in any way making up a part of the Site.
21. Except as may be the result of standard search engine or Internet browser usage, use,launch, develop, or distribute any automated system, including without limitation, anyspider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using orlaunching any unauthorized script or other software.
22. Use a buying agent or purchasing agent to make purchases on the Site.
23. Make any unauthorized use of the Site, including collecting usernames and/or emailaddresses of users by electronic or other means for the purpose of sending unsolicitedemail, or creating user accounts by automated means or under false pretenses.
24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or theContent for any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcastcontent and materials to us or on the Site, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information or other material(collectively, "Contributions"). Contributions may be viewable by other users of the Site andthrough third-party websites. As such, any Contributions you transmit may be treated inaccordance with the Site Privacy Policy. When you create or make available any Contributions,you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing,downloading, or copying of your Contributions do not and will not infringe the proprietary rights,including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any thirdparty.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, andpermissions to use and to authorize us, the Site, and other users of the Site to use yourContributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individualperson in your Contributions to use the name or likeness of each and every such identifiableindividual person to enable inclusion and use of your Contributions in any manner contemplated bythe Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage,or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyoneunder the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwiseintended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, nationalorigin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision ofthese Terms of Use, or any applicable law or regulation.Any use of the Site in violation of the foregoing violates these Terms of Use and may result in,among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information andpersonal data that you provide following the terms of the Privacy Policy and your choices(including settings).By submitting suggestions or other feedback regarding the Site, you agree that we can use andshare such feedback for any purpose without compensation to you.We do not assert any ownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in your Contributionsprovided by you in any area on the Site. You are solely responsible for your Contributions to theSite and you expressly agree to exonerate us from any and all responsibility and to refrain fromany legal action against us regarding your Contributions.
MOBILE APPLICATION LICENSE
Use LicenseIf you access the Site via a mobile application, then we grant you a revocable, non-exclusive,non-transferable, limited right to install and use the mobile application on wireless electronicdevices owned or controlled by you, and to access and use the mobile application on suchdevices strictly in accordance with the terms and conditions of this mobile application licensecontained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble,attempt to derive the source code of, or decrypt the application; (2) make any modification,adaptation, improvement, enhancement, translation, or derivative work from the application; (3)violate any applicable laws, rules, or regulations in connection with your access or use of theapplication; (4) remove, alter, or obscure any proprietary notice (including any notice ofcopyright or trademark) posted by us or the licensors of the application; (5) use the applicationfor any revenue generating endeavor, commercial enterprise, or other purpose for which it is notdesigned or intended; (6) make the application available over a network or other environmentpermitting access or use by multiple devices or users at the same time; (7) use the applicationfor creating a product, service, or software that is, directly or indirectly, competitive with or in anyway a substitute for the application; (8) use the application to send automated queries to anywebsite or to send any unsolicited commercial e-mail; or (9) use any proprietary information orany of our interfaces or our other intellectual property in the design, development, manufacture,licensing, or distribution of any applications, accessories, or devices for use with the application.Apple and Android DevicesThe following terms apply when you use a mobile application obtained from either the AppleStore or Google Play (each an “App Distributor”) to access the Site: (1) the license granted toyou for our mobile application is limited to a non-transferable license to use the application on adevice that utilizes the Apple iOS or Android operating systems, as applicable, and inaccordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2)we are responsible for providing any maintenance and support services with respect to themobile application as specified in the terms and conditions of this mobile application licensecontained in these Terms of Use or as otherwise required under applicable law, and youacknowledge that each App Distributor has no obligation whatsoever to furnish anymaintenance and support services with respect to the mobile application; (3) in the event of anyfailure of the mobile application to conform to any applicable warranty, you may notify theapplicable App Distributor, and the App Distributor, in accordance with its terms and policies,may refund the purchase price, if any, paid for the mobile application, and to the maximumextent permitted by applicable law, the App Distributor will have no other warranty obligationwhatsoever with respect to the mobile application; (4) you represent and warrant that (i) you arenot located in a country that is subject to a U.S. government embargo, or that has beendesignated by the U.S. government as a “terrorist supporting” country and (ii) you are not listedon any U.S. government list of prohibited or restricted parties; (5) you must comply withapplicable third-party terms of agreement when using the mobile application, e.g., if you have aVoIP application, then you must not be in violation of their wireless data service agreementwhen using the mobile application; and (6) you acknowledge and agree that the App Distributorsare third-party beneficiaries of the terms and conditions in this mobile application licensecontained in these Terms of Use, and that each App Distributor will have the right (and will bedeemed to have accepted the right) to enforce the terms and conditions in this mobileapplication license contained in these Terms of Use against you as a third-party beneficiarythereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, orother information regarding the Site ("Submissions") provided by you to us are non-confidentialand shall become our sole property. We shall own exclusive rights, including all intellectualproperty rights, and shall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you. You hereby waive all moral rights to any such Submissions, and youhereby warrant that any such Submissions are original with you or that you have the right tosubmit such Submissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in your Submissions.SITE MANAGEMENTWe reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Termsof Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates thelaw or these Terms of Use, including without limitation, reporting such user to law enforcementauthorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit theavailability of, or disable (to the extent technologically feasible) any of your Contributions or anyportion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove fromthe Site or otherwise disable all files and content that are excessive in size or are in any wayburdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protectour rights and property and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THERIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENYACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANYAPPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE ORPARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT ORINFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLEDISCRETION.If we terminate or suspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name of any thirdparty, even if you may be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for anyreason at our sole discretion without notice. However, we have no obligation to update anyinformation on our Site. We also reserve the right to modify or discontinue all or part of the Sitewithout notice at any time. We will not be liable to you or any third party for any modification,price change, suspension, or discontinuance of the Site.We cannot guarantee the Site will be available at all times. We may experience hardware,software, or other problems or need to perform maintenance related to the Site, resulting ininterruptions, delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Site at any time or for any reason without notice to you.You agree that we have no liability whatsoever for any loss, damage, or inconvenience causedby your inability to access or use the Site during any downtime or discontinuance of the Site.Nothing in these Terms of Use will be construed to obligate us to maintain and support the Siteor to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordancewith the laws of the State of Louisiana applicable to agreements made and to be entirelyperformed within the State of Louisiana, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (exceptthose Disputes expressly excluded below) will be finally and exclusively resolved by bindingarbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVETHE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall becommenced and conducted under the Commercial Arbitration Rules of the American ArbitrationAssociation ("AAA") and, where appropriate, the AAA’s Supplementary Procedures forConsumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAAwebsite: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall begoverned by the AAA Consumer Rules and, where appropriate, limited by the AAA ConsumerRules. If such costs are determined to by the arbitrator to be excessive, we will pay allarbitration fees and expenses. The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. The arbitrator will make a decision in writing, butneed not provide a statement of reasons unless requested by either Party. The arbitrator mustfollow applicable law, and any award may be challenged if the arbitrator fails to do so. Exceptwhere otherwise required by the applicable AAA rules or applicable law, the arbitration will takeplace inUnited States, Louisiana. Except as otherwise provided herein, the Parties may litigatein court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,vacate, or enter judgment on the award entered by the arbitrator.If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall becommenced or prosecuted in the state and federal courts located in United States,Louisiana,and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, andforum non conveniens with respect to venue and jurisdiction in such state and federal courts.Application of the United Nations Convention on Contracts for the International Sale of Goodsand the the Uniform Computer Information Transaction Act (UCITA) are excluded from theseTerms of Use.In no event shall any Dispute brought by either Party related in any way to the Site becommenced more than one (1) years after the cause of action arose. If this provision is found tobe illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Dispute shall be decidedby a court of competent jurisdiction within the courts listed for jurisdiction above, and the Partiesagree to submit to the personal jurisdiction of that court.RestrictionsThe Parties agree that any arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall be joined with any otherproceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-actionbasis or to utilize class action procedures; and (c) there is no right or authority for any Dispute tobe brought in a purported representative capacity on behalf of the general public or any otherpersons.Exceptions to ArbitrationThe Parties agree that the following Disputes are not subject to the above provisions concerningbinding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of,any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from,allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable, then neither Party willelect to arbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdiction within thecourts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction ofthat court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, oromissions, including descriptions, pricing, availability, and various other information.
We reservethe right to correct any errors, inaccuracies, or omissions and to change or update theinformation on the Site at any time, without prior notice.
DISCLAIMERTHE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THATYOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIESOR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’SCONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, ORTHE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRDPARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALSOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THESITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITYFOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOTBE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TOYOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSTPROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOURUSE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THEFORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OFACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVEADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, andall of our respective officers, agents, partners, and employees, from and against any loss,damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, madeby any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use;(3) any breach of your representations and warranties set forth in these Terms of Use; (4) yourviolation of the rights of a third party, including but not limited to intellectual property rights; or(5) any overt harmful act toward any other user of the Site with whom you connected via theSite. Notwithstanding the foregoing, we reserve the right, at your expense, to assume theexclusive defense and control of any matter for which you are required to indemnify us, and youagree to cooperate, at your expense, with our defense of such claims. We will use reasonableefforts to notify you of any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site. Although we performregular routine backups of data, you are solely responsible for all data that you transmit or thatrelates to any activity you have undertaken using the Site. You agree that we shall have noliability to you for any loss or corruption of any such data, and you hereby waive any right ofaction against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to you electronically,via email and on the Site, satisfy any legal requirement that such communication be in writing.YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US ORVIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations,rules, ordinances, or other laws in any jurisdiction which require an original signature or deliveryor retention of non-electronic records, or to payments or the granting of credits by any meansother than electronic means.
MOBILE MESSAGING TERMS AND CONDITIONS
The Dialpad & Twilio mobile message service (the "Service") is operated by Cultivating& Marketing Professionals(“CAM Pros” “Company” , “we”, or “us”). Your use of theService constitutes your agreement to these terms and conditions (“Mobile Terms”). Wemay modify or cancel the Service or any of its features without notice. We may alsomodify these Mobile Terms at any time and your continued use of the Service followingthe effective date of any such changes shall constitute your acceptance of suchchanges. By registering and entering your email address and phone number you agreeto be contacted both by email and phone.We do not charge for the Service, but you are responsible for all charges and feesassociated with text messaging imposed by your wireless provider. Message and datarates apply. Message and data rates may apply. Text messages may be sent using anautomatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goodsor services. If you have opted in, the Service provides updates, alerts, information,promotions, specials, and other marketing offers from Cultivating & Marketing Pros via text messagesthrough your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP, STOPALL, UNSUBSCRIBE,CANCEL, END, QUIT to (817) 813-6116 to cancel at any time. You'll receive a one-timeopt-out confirmation text message. If you have subscribed to other Cultivating &Marketing Professionals mobile message programs and wish to cancel, you will need toopt out separately from those programs by following the instructions provided in theirrespective mobile terms.For Service support or assistance, email aalia@camarketingpros.com.We may change any short code or telephone number we use to operate the Service atany time and will notify you of these changes. You acknowledge that any messages,including any STOP or HELP requests, you send to a short code or telephone numberwe have changed may not be received and we will not be responsible for honoringrequests made in such messages.The wireless carriers supported by the Service are not liable for delayed or undeliveredmessages. You agree to provide us with a valid mobile number. You agree to maintainaccurate, complete, and up-to-date
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding between you andus. Our failure to exercise or enforce any right or provision of these Terms of Use shallnot operate as a waiver of such right or provision. These Terms of Use operate to thefullest extent permissible by law. We may assign any or all of our rights and obligationsto others at any time. We shall not be responsible or liable for any loss, damage, delay,or failure to act caused by any cause beyond our reasonable control. If any provision orpart of a provision of these Terms of Use is determined to be unlawful, void, orunenforceable, that provision or part of the provision is deemed severable from theseTerms of Use and does not affect the validity and enforceability of any remainingprovisions. There is no joint venture, partnership, employment or agency relationshipcreated between you and us as a result of these Terms of Use or use of the Site. Youagree that these Terms of Use will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on theelectronic form of these Terms of Use and the lack of signing by the parties hereto toexecute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further informationregarding use of the Site, please contact us at:
Cultivating & Marketing Professionals
1660 S. University Ave. Ste. 1125
Fort Worth TX 76107
Phone: (817) 813-6116
aalia@camarketingpros.com