By using the Services (including browsing the Websites) or purchasing the Products, you acknowledge that you have read and understand these Terms and agree to be bound by these Terms (on behalf of yourself or the entity that you represent). By using the Services or purchasing the Products, you acknowledge that you have the required capacity to enter into these Terms and that you are at least 18 years old. If you do not agree with these Terms, do not access or use the Services or purchase the Products.
These Terms include your agreement to use arbitration on an individual basis to resolve disputes, instead of jury trials or class actions.
In order to use certain Services and to pay for Products, you may be required to register for an account (“Account”) and provide information about yourself. You acknowledge that all information you submit to us is accurate and you will update that information as appropriate. You may such purchase.
If you create a user name and password in connection with your Account, you are entirely responsible for maintaining the confidentiality of your password. You agree to notify CMC immediately if you suspect any unauthorized use of your Account, user name, or password. CMC shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
All materials provided on the Websites, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services, are provided either by CMC or by respective third party authors, developers or vendors and are the copyrighted works of CMC and/or such third party providers (or is permitted/licensed to be used by such third party providers), unless specifically provided otherwise. Except where expressly provided otherwise by CMC, nothing on the Websites shall be construed to confer any license or ownership right in or to the materials provided on the Websites, under any of CMC’s intellectual property rights, whether by estoppel, implication, or otherwise.
CMC imposes certain restrictions on your permissible use of the Services. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CMC in providing the Services; or (g) using the Services in connection with the violation of any third party’s intellectual property or proprietary rights, including copyrights, trademarks, or patents. Any violation of system or network security may subject you to civil and/or criminal liability.
You grant CMC a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Services, you are granting CMC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of CMC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that CMC may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Services, you acknowledge that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Billing and Payment
To the extent you purchase any goods and/or services from CMC, including the Products and Services, you agree to pay for all goods and services ordered from CMC except as set forth in a writing signed by an authorized representative of CMC. You will provide CMC with valid and forth in a separate writing signed by an authorized representative of CMC.
If CMC is unable to successfully charge your credit card or payment account for amounts due, CMC reserves the right to revoke or restrict access to Services and Products, delete your User Content, and terminate your Account. When charging your payment method, we will include all credit card fees, sales tax, use tax, goods and services tax, value added tax, or other similar tax, under applicable law and based on the tax rate in effect at the time of your purchase based on your billing address.
We grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and install copies of our Apps on mobile devices that you own or control and to run such copies of the Apps solely in connection with your permitted use of the Services. You may not copy the Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (c) reverse engineer, decompile or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means. If you accessed or downloaded the Apps from the Apple App Store, Google Play, or the Amazon Appstore (each, an “App Provider”), you shall comply with all usage rules and terms and conditions that you are subject to in connection with each App Provider.
Third Party Websites
You acknowledge that we have no control over, and no liability for any third party websites or materials, including websites and materials that you may access from links on our Websites. CMC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and CMC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites.
California Use Only
The Products are sold and the Services controlled and operated by CMC from its offices in the State of California. CMC makes no representation that any of the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Services and your purchase of Products should not be construed as CMC’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Term and Termination
These Terms will remain in full force and effect while you use the Services, unless terminated as described in this section. We may terminate or suspend your access to and use of the Services (including your Account), at our sole discretion, at any time and without notice to you. You acknowledge that any termination of your Account may result in the deletion of your User Consent. You hereby waive any claims that you may have against CMC in connection with the termination of your Account or the deletion of your User Content. The following sections of these Terms survive termination of your Account or these Terms: “User Content,” “Indemnity,” “No Warranties,” “Limited Liability,” “Dispute Resolution,” and “Entire Agreement; Severability; Waiver.”
You agree to indemnify, defend, and hold harmless CMC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable legal fees and costs) arising from your access to or use of the Services, your violation of these Terms, or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity. CMC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
CMC HEREBY DISCLAIMS ALL WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE BY CMC, ALL SERVICES AND PRODUCTS ARE PROVIDED “AS IS,’ WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES OR THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CMC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CMC DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
CMC’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CMC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE PRODUCTS, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY CMC. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
These Terms and any action related to these Terms will be governed by the laws of the United States and the laws of the State of California, without regard to their rules regarding conflicts of law.
Any controversy, dispute or claim of whatever nature arising out of, in connection with or in relation to the interpretation, performance or breach of these Terms, shall be settled, at the request of either party to these Terms, by final, confidential and binding arbitration before a single neutral arbitrator in San Francisco, California, administered by and in accordance with the then-existing Rules of Practice and Procedure of JAMS governing commercial disputes and California law. Within forty-five (45) days following the receipt of the Demand for Arbitration, the Parties shall agree on the Arbitrator, or if the Parties are unable to agree the Arbitrator shall be selected as provided in JAMS Comprehensive Arbitration Rules & Procedures. Arbitration hereunder shall be in lieu of all other remedies and procedures, provided however, that either party hereto may seek preliminary injunctive relief prior to the commencement of such arbitration proceedings.
The provisions of California Code of Civil Procedure section 1283.05 or its successor sections(s), giving the arbitrator power to order and enforce discovery, are incorporated in and made a part of this Agreement to arbitrate. The Arbitrator shall limit discovery, including depositions and the production of documents, to what is reasonably necessary to permit a full and fair determination of all claims; and shall entertain and promptly rule upon dispositive motions, including motions to dismiss, for summary judgment and for partial summary adjudication of issues, adopting procedures and standards comparable to those used in the United States District Courts. The arbitration hearing shall be held in San Francisco, California, and shall commence no later than 12 months following the service of a Demand for Arbitration. The Arbitrator shall, within 15 days after the conclusion of the Arbitration hearing, issue a written award and a written statement of decision describing the reasons for the award, including the calculation of any damages awarded. The parties shall bear equally all costs and fees of JAMS and the Arbitrator. The parties consent to personal jurisdiction and venue in the state and federal courts in the County of San Francisco to compel arbitration pursuant to this Agreement, and to confirm, vacate or modify the arbitration award under governing law.
By agreeing to this binding arbitration provision, the parties understand that they are waiving certain important rights and protections that otherwise may have been available to each of them if a dispute between them were determined by a judicial action including, without limitation, the right to a jury trial, and certain rights of appeal.
Class Action Waiver
Any proceedings or arbitration to resolve any dispute of whatever nature arising out of, in connection with or in relation to the interpretation, performance or breach of these Terms in any forum will be conducted solely on an individual basis. Neither you nor CMC will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Entire Agreement; Severability; Waiver
These Terms constitute the entire agreement between you and us regarding the use of our Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CMC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. CMC may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
All contents of the Websites and other Services are: Copyright © 2016 Creative Marketing, Inc., 233 Sansome Street, Suite 300, San Francisco, CA 94104. All rights reserved. Nothing contained on the Websites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by CMC or by any third party.
To contact us about these Terms, please email us at email@example.com, call us at (415) 941-4000, or send us your information at:
Creative Marketing Concepts
233 Sansome Street
San Francisco, CA 94104