THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF CMSNETWORK.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. CMS, COMPLETE MANAGEMENT MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF CMSNETWORK.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT CMSNETWORK.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH CMSNETWORK.COM.
Section 1. Use.
CMSNETWORK.com is provided solely for the use of current and potential CMS, Complete Management Inc. and its affiliated companies (CMS) customers to interact with CMSNETWORK and may not be used by any other person or entity, or for any other purpose. Specifically, all tracking, zone, rating, drop-off and other information may only be used by current and potential CMS customers. The use of automated dial-in or inquiry devices to obtain information through CMSNETWORK.com is strictly prohibited. CMS does not accept ideas, concepts, or techniques for new services or products through CMSNETWORK.com. If such information is received, it will not be considered confidential and CMS will be deemed free to use, communicate and exploit such information in any manner it chooses.
Section 2. CMSNETWORK.com Passwords
CMS will provide a User I.D. and Password and inform our clients. You are responsible for maintaining the confidentiality of the Password and User I.D., and you are responsible for all activities that occur under Your Password and User I.D. You agree to (a) immediately notify CMS of any unauthorized use of Your User I.D. and Password, and (b) ensure that You exit from Your CMSNETWORK.com session at the end of each visit.
Section 3. Changes to CMSNETWORK.com.
CMSNETWORK.com and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.
Section 4. Term.
CMSNETWORK may discontinue, suspend or modify CMSNETWORK.com at any time without notice, and CMSNETWORK may block, terminate or suspend Your and any user's access to CMSNETWORK.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 5. Ownership.
CMSNETWORK.com and its Content are protected by United States and international copyright, trademark and other laws. CMS does not convey to anyone, through allowing access to CMSNETWORK.com, any ownership rights in CMSNETWORK.com or in any Content appearing on or made available through CMSNETWORK.com.
Section 6. Disclaimer of Warranty.
CMSNETWORK.COM AND ITS CONTENT ARE PROVIDED "AS IS". CMSNETWORK AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE CMSNETWORK.COM AND ITS CONTENT.
Section 7. Limitation of Liability.
USE OF CMSNETWORK.COM AND ITS CONTENT IS AT YOUR SOLE RISK. CMSNETWORK WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE CMSNETWORK.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED CMSNETWORK OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree to indemnify and hold harmless CMS Complete Management Inc. and its affiliated companies and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of CMSNETWORK.com and its Content.
Section 9. Links to other web sites.
There are links on CMSNETWORK.com site which allow You to visit other sites of third parties. Neither these sites nor the companies to whom they belong are controlled by CMS. CMS makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. CMSNETWORK has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 10. Privacy Policy.
Click here to access the CMSNETWORK Privacy Policy governing the use of information acquired from You through CMSNETWORK.com.
Section 11. Export.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access CMSNETWORK.com regarding access, use, export, re-export and import of any Content appearing on or available through CMSNETWORK.com. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
Section12. Controlling Law and Severability.
This Agreement and Your use of CMSNETWORK.com is governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to CMSNETWORK.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within New York, New York. This Agreement may not be changed or modified without the written consent of CMS.
