You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Company or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content posted by users via the Site (“User Content”) is the intellectual property of the specific users of the Site who post such User Content. By posting or delivering User Content, you hereby grant to Company a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
In addition to the free services provided on the Site, including feature-limited services or trial periods, paid memberships are offered that require payment. Where payment is required, the following additional terms and conditions will apply. Paid memberships commence at the end of any free services or grace periods provided or offered by Company.
Billing and Payment
By registering for the paid memberships and providing Your credit card details, You agree to be billed by us for Your for-fee service as provided herein and during the order process. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your Account with any changes to such information.
Paid memberships are subscriptions which commence at the end of any free services or any grace or trial periods offered by Company. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period, at the price You agreed to when subscribing or in accordance with CM Fusion’s then-current pricing structure. You agree that Your account will be subject to this automatic renewal feature. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to Your Account page and opt out of automatic renewal of Your purchase. If You opt out of automatic renewal after Your purchase, or elect to terminate Your purchase at any time, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period; provided, however, the portion of Your payment associated with such unused membership may be applied towards an upgraded subscription with the Company if You register for the upgraded subscription contemporaneously with cancelling Your current subscription. Paid memberships cannot be transferred to any other account. By subscribing to the paid membership, You authorize Company to bill the credit card You provided now and again at the beginning of any subsequent subscription period. You also authorize Company to charge You for any sales or similar taxes that may be imposed on Your subscription payments. If You terminate a paid membership or subscription You may continue using the Services on a free or no-charge basis based on then-current offerings by Company.
Reaffirmation of Authorization
Your non-termination or continued use of the paid memberships reaffirms that Company is authorized to charge the credit card information provided. Company may submit those charges for payment and You will be responsible for such charges. This does not waive Company’s right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when You initially subscribed to the paid memberships.
Termination of Services for Non-Payment or Violation of Terms
Cancellation of Services
If You cancel Your account, Your paid membership will be cancelled. All payments for paid memberships are non-refundable, unless You cancel Your account within 30 days of registering it. If You cancel Your account within that 30 day period, Company will refund any payment You made in connection with such account. If You otherwise cancel Your account, You will not be eligible for a prorated refund of any portion of the unused paid services; provided, however, the portion of Your payment associated with such unused services may be applied towards an upgraded account with the Company if You register for the upgraded account contemporaneously with cancelling Your current account. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded paid memberships cannot be transferred to any other account.
As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship or recommendation by Company. Please be aware that when you exit the Site, you are subject to the policies of the new Site. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.
Company may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the Company may transfer information collected from users in connection with a sale or restructuring of Company.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
EXCLUSION OF WARRANTIES / DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE OR THE SERVICE, AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH COMPANY USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, COMPANY GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICE AND/OR CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF ANY COMPANY CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR THE SERVICE OR CONTENT WILL MEET YOUR EXPECTATIONS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, THE SERVICE OR CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.
ANY CONTENT OR OTHER MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Release / Indemnification
You agree to release Company, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Service. If at any time you are not happy with the Site or the Service or object to any material within the Site or the Service, your sole remedy is to cease using them.
You agree to defend, indemnify and hold harmless Company, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or any part thereof, (b) any User Content you post via the Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of Company or third parties by you, or (e) any negligence or willful misconduct by you.
Governing Law and Other Miscellaneous Terms
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Company which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Company has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Company may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.
Copyright and Copyright Notices
Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site sufficient to allow us to locate the allegedly infringing material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact Company’s Copyright Agent for Notice of Claims of copyright infringement at: email@example.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Changes to our Policies
This Site is operated by Company. All inquiries may be directed to representatives through the contact page.
Company Mailing Address:
CMS Pro Software
525 S Meridian St
Indianapolis, IN 46225
David Carroll, CEO