CMI Cap LLC WEBSITE TERMS AND CONDITIONS OF USE
Effective Date of Original Version: January 1, 2013
Date of Last Revision: January 1, 2024
1. USE OF THE WEBSITE
By using this Website, or submitting information through this Website, you represent that you are at least 18 years of age. If you are not at least 18 years of age, you may not use this Website without express consent of an adult. You may access this website only if you fully agree to the Privacy Policy and comply with all applicable laws, rules and regulations in connection with your use of this Website.
2. MODIFICATIONS TO TERMS OF USE
CMI Cap reserves the right at any time in its sole discretion to modify or change the terms and conditions contained in the Terms of Use. CMI Cap provides notice to visitors to the Website of material changes to the Terms of Use by posting the date that the Terms of Use was last modified or changed above as “Date of Last Revision.” Whenever you use the Website, the version of the Terms of Use in effect at that time, including all modifications and changes contained herein since the Date of Last Revision, will apply. You waive any right that you may have or had to receive specific notice of modifications or changes to the Terms of Use. Accordingly, each time you use the Website, you should check the Terms of Use’s Date of Last Revision, and if you have not accessed the Website since then, you should review the revised Terms of Use and any modifications or changes that have been made since you last accessed the Website. If you continue to access and/or use the Website after modifications and changes to the Terms of Use have been made, then you are acknowledging that you have read, understood and agreed to all of the modifications and changes contained in the Terms of Use without limitation or qualification.
3. PRIVACY POLICY
CMI Cap’s Privacy Policy (“Privacy Policy”) is also posted on the Website and sets forth how CMI Cap collects, uses and discloses information collected on the Website. Before using the Website and/or providing CMI Cap with any of your personal information, you acknowledge that you have read, understood and agreed to all of the terms and conditions set forth in the Privacy Policy.
4. TRADEMARKS, SERVICE MARKS AND TRADE DRESS
The mark “CMI Cap” and other word marks and logos used to identify CMI Cap as a source of the Website and goods or services displayed on the Website are trademarks and service marks owned exclusively by CMI Cap or service providers, affiliates, partners or licensors of CMI Cap. Any and all aspects of the Website that qualify as trade dress are owned exclusively by CMI Cap or service providers, affiliates, partners or licensors of CMI Cap. The trademarks, service marks and/or trade dress displayed on the Website are protected by trademark laws of the U.S.A. and other countries throughout the world. You are not permitted to use in any way any of the trademarks, service marks or trade dress.
5. USER’S OBLIGATIONS AND RESPONSIBILITIES
(A) Duty to Comply With Website Directions, Instructions, and Rules; You have a duty and obligation to CMI Cap to comply with all directions, instructions and rules displayed on the Website, including, but not limited to, the following: (i) taking reasonable precautions to prevent children under 13 years of age from accessing and/or using the Website and/or providing personal information through the Website to CMI Cap without proper permission and written consent of the child’s parent or legal guardian presented to CMI Cap; (ii) taking reasonable precautions to prevent any person for attempting to impersonate you and/or misappropriate your identity to gain unauthorized access to the Website; (iii) refraining from engaging in copyright infringement or infringement of any trademark, patent, or any other intellectual property or proprietary rights of CMI Cap or any other person or entity; (iv) refraining from publishing, posting, uploading or otherwise placing on the Website any communications, information, content, information, materials, data, text, music, sound, photos, video, graphics, code or other items or materials that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (v) refraining from engaging in any commercial or political use or any other unauthorized or unlawful use of the Website; (vi) refraining from attempting to obtain private information about any person without their consent; (vii) taking reasonable precautions to prevent any viruses, corrupted data or other harmful, disruptive or destructive files from being published, posted, uploaded or otherwise added or connected to the Website or any software or data used in connection with the Website; and (viii) refraining from engaging in any other unlawful or unethical activities.
(B) Duty to Indemnify CMI Cap; You agree to defend, indemnify and hold CMI Cap, its subsidiaries, affiliates, officers, employees, agents and licensors harmless for, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from (i) your use of the Website and or any products or services offered on or through the Website, (ii) from your breach of any duty or obligation that you have under these Terms of Use, and/or (iii) from any of your other acts or omissions.
6. THIRD-PARTY LINKS
CMI Cap is not responsible for the content of any web pages located outside of the Website or any other websites linked to or from the Website, including, without limitation, those owned and operated by third-party vendors, affiliates, partners, or licensors of CMI Cap (collectively, “Third-Party Links”). Third-Party Links appearing on the Website may not be deemed to be endorsed or recommended by CMI Cap. Your linking to or from any Third-Party Links is at your own risk. You acknowledge and agree that CMI Cap is not responsible for examining or evaluating, does not warrant the offerings of, and does not assume any responsibility or liability for the actions, content, products, or services of, contained on or provided by Third-Party Links, including, without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policy and terms and conditions of all Third-Party Links and other websites that you may visit.
7. USER SUBMISSIONS
It is policy of CMI Cap to decline unsolicited suggestions and ideas. Notwithstanding the policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide to CMI Cap (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms and conditions of the Privacy Policy, by transmitting or posting any Submission, you hereby grant CMI Cap a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge and agree that your Submission may not be returned and CMI Cap may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead CMI Cap as to the origin of any Submission. You agree to indemnify CMI Cap and its subsidiaries, affiliates, officers, agents, employees, partners and licensors for all claims arising from or in connection with any claims to any rights in any Submission.
8. WARRANTY DISCLAIMER
YOU ARE PERMITTED TO HAVE ACCESS TO AND USE THIS WEBSITE ONLY "AS IS." CMI CAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND ALL SERVICES AND GOODS PROVIDED ON OR THROUGH THE WEBSITE, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CMI CAP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) ACTS OR OMISSIONS OF ANY OF CMI Cap’S INDEPENDENT CONTRACTORS, (B) INTERRUPTION OF BUSINESS, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE, (D) DATA NON-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (E) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE HYPERLINKS ON THE WEBSITE, (F) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY LINKS, (G) ANY INACCURACIES OR OMISSIONS IN CONTENT, (H) EVENTS BEYOND OUR REASONABLE CONTROL, (H) DAMAGES OF ANY SORT INCURRED BY REASON OF PRODUCTS AND SERVICES OFFERED OR ADVERTISED ON OR RECEIVED THROUGH THE WEBSITE, AND/OR (I) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, CMI CAP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO ANY USERS OF THE WEBSITE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF CMI Cap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAXIMUM AGGREGATE LIABILITY OF CMI CAP EXCEED ONE HUNDRED DOLLARS ($100.00).
10. DISPUTE RESOLUTION
This Agreement and all claims relating to this agreement shall be governed by the laws of the State of California, U.S.A., without regard to its conflict of laws principles. Either party also may, without waiving any remedy, seek any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal. For any judicial proceedings permitted by this section, you agree to submit to personal jurisdiction in the State of California, and that the sole venue for such proceedings shall be the United States District Court for the Southern District of California (or if such court lacks jurisdiction, the state courts of the State of California). Except to the extent as may be required by law, including, without limitation, to obtain interim or provisional relief or to enforce an arbitrator’s award, neither you, CMI Cap, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The prevailing party shall recover all of such party’s costs and attorneys’ fees incurred in the arbitration proceedings and in any judicial proceeding contemplated in this Section 10. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
11. GENERAL PROVISIONS
(A) Entire Agreement
These Terms of Use constitute the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and proposals, written or oral, with respect to the subject matters discussed herein. If any provision of these Terms of Use is found void or unenforceable, the remainder shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability set forth in these Terms of Use shall remain in effect.
(B) Independent Contractor
Nothing herein contained shall be deemed to create an agency, joint venture, partnership or franchise relationship between the parties hereto.
C) No Waiver
No failure or delay by CMI Cap to insist upon your strict performance of any term or condition in these Terms of Use, or to exercise any right, power or remedy hereunder or consequent upon a breach hereof shall constitute a waiver of any such term, condition, covenant, agreement, right, power or remedy or of any such breach or preclude CMI Cap from exercising any such right, power or remedy at any later time or times.
(D) Notices
Notices to you, the user, shall be given by e-mail at the last known e-mail address that you have provided to CMI Cap.If you wish to give any notice to CMI Cap, you should e-mail such notice to info@cmicap.com
(E) Headings
The Section headings in these Terms of Use are for purposes of reference only.
CMI Cap, LLC. WEBSITE PRIVACY POLICY
Effective Date of Original Version: January 1, 2013
Date of Last Revision: January 1, 2022
CMI Cap, LLC. (“CMI CapCMI Cap”) respects the privacy of its users when they use the www.cmicap.com website (including related websites operated by CMI Cap, collectively referred to as the “Website”). This CMI Cap’s privacy policy (“Privacy Policy”) is intended to inform you as a user about the types of information that CMI Cap may gather about or collect from you in connection with your use of the Website. It is also intended to explain the conditions under which CMI Cap uses the information and may disclose the information and your rights related to that information. By using and/or visiting the Website, you consent to the collection, use and disclosure of your Personally Identifiable Information and all other information as described in this Privacy Policy. CMI Cap may, in its sole discretion, modify or change this Privacy Policy from time to time. CMI Cap provides notice to visitors to the Website of material changes to the Privacy Policy by posting the date that the Privacy Policy was last modified or changed above as “Date of Last Revision.” Whenever you use the Website, the version of the Privacy Policy in effect at that time, including all modifications and changes contained herein since the Date of Last Revision, will apply. You waive any right that you may have had to receive specific notice of modifications or changes to the Privacy Policy. Accordingly, each time you use the Website, you should check the Privacy Policy’s Date of Last Revision, and if you have not accessed the Website since then, you should review the revised Privacy Policy and any modifications or changes that have been made since you last accessed the Website. If you continue to access and/or use the Website after modifications and changes to the Privacy Policy have been made, then you are acknowledging that you have read, understood and agreed to all of the modifications and changes contained in the Privacy Policy without limitation or qualification. This Privacy Policy is part of our Terms of Use.
1. COLLECTION OF INFORMATION
CMI Cap collects two types of information from visitors to the Website: Non-personally Identifiable Information; and Personally Identifiable Information. “Non-personally Identifiable Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally Identifiable Information” means individually identifiable information about an individual user of the Website collected online by the operator from that individual and maintained by the operator in an accessible form, including the following: (i) a first and last name; (ii) a location information, which may be collected and processed by various technologies, including, but not limited to, IP address, GPS, and other sensors, for example Wi-Fi access points and cell towers; (iii) an e-mail address; (iv) a device identifier; (v) a phone number; (vi) a social security number; (vii) any other identifier that permits the physical or online contacting of a specific individual; and (viii) Information concerning a user that the website or online service collects online from the user and maintains in personally identifiable form in combination with an identifier described herewith. When you visit the Website, CMI Cap or a third party with which we contract may utilize Internet technologies that enable automated collection of Internet generated information. One example of this is a “web cookie.” A web cookie is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query (initiates a contact) with the website. The web cookie may contain the type of information described above and/or may contain information about the user’s prior visits to the Website, products or services purchased, and/or one or more categories of Personally Identifiable Information. Another example is a “web beacon,” which is an object embedded in a web page that allows website operators to check whether a user has viewed a particular web page. CMI Cap uses automatically collected information to recognize you as a return user and to personalize your user experience.
2. CHILDREN’S PRIVACY; CHILDREN UNDER AGE 13
The Website is not intended to be used by children under 13 years of age without proper permission and written consent of the child’s parent or legal guardian submitted to CMI Cap. Consequently, children under 13 years of age are not permitted to provide any information about themselves to CMI Cap or obtain any products or services offered by CMI Cap on or through the Website. Parents, legal guardians and other adults and minors over 13 years of age who are users of the Website should take precautions to insure that children under 13 years of age are not permitted to have access to, or use, the Website, without your knowledge. CMI Cap does not knowingly collect any information from children under 13 years of age.
3. PURPOSE OF COLLECTION, USE AND DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
CMI Cap may collect and use, either directly or through third party service providers and/or product suppliers with whom CMI Cap may contract and to which CMI Cap discloses (“CMI Cap’s Independent Contractors”), Personally Identifiable Information for purposes that include, but not limited to, the following: (i) to understand your expectation for and optimize your experience with the Website; (ii) to provide products or services; (iii) for our internal marketing purposes, which includes, but is not limited to, providing information about products or services; (iv) for encouraging and/or implementing communication between and/or among CMI Cap’s employees, contractors and/or visitors of the Website through social networking sites, discussion forums, chat sessions, wikis, blogs and/or any other current or prospective Internet communication technologies that facilitate communication and interaction; (v) to deliver communications by email, text message or otherwise including, but not limited to, administrative messages, services scheduling, newsletters, surveys, service and event information, product information and/or promotions; (vi) to analyze how the Website (and products and services offered on or through the Website) are being accessed and/or used; (vii) to operate, provide, maintain and improve the performance and utility of the Website and the products and services offered on or through the Website; (viii) to recruit and make decisions on hiring employees; (ix) to maintain as business records; (x) to obtain payment for products and services provided by CMI Cap; (xi) to reduce credit risk and protect against credit fraud and/or identity theft; (xii) to provide information to assist third party advertisers and/or providers of products and services to provide advertisements and promotional information about non-CMI Cap products or services that may be of interest to you, but only if you consent in advance to such disclosure; and/or (xiii) as may be required by legal, regulatory, governmental, insurance, audit and/or security requirements applicable to CMI Cap and/or CMI Cap’s Independent Contractors, including, but not limited to in response to a lawfully issued subpoena and/or court order. CMI Cap has not intention to disclose your Personally Identifiable Information to any third parties for the third parties’ direct marketing purposes unless you first affirmatively agree to that disclosure.
4. PURPOSE OF COLLECTION AND USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION
In addition to the purposes set forth for Personally Identifiable Information, CMI Cap may collect, use and disclose Non-personally Identifiable Information (which may include information in the aggregate initially collected as Personally Identifiable Information that is no longer personally identifiable) to third parties. Examples of the purposes of such collection, use and disclosure include: (i) to provide information to assist third party advertisers and/or providers of products and services in providing advertisements and promotional information about products or services on the Website; (ii) to share with third parties aggregate data about trends in the usage of the Website; (iii) to determine the popularity of portions of the Website; (iv) to generate statistics relevant to CMI Cap’s business; (v) to develop marketing plans; (vi) to assist in developing schedules for providing services; and/or (vii) for any other business purpose.
5. CMI CAP’S INDEPENDENT CONTRACTORS
Examples of categories of CMI Cap’s Independent Contractors to whom CMI Cap may disclose Personally Identifiable Information include web hosting providers, Internet security providers, e-mail service providers, data storage providers, information technology service providers, marketing consultants, business consultants, advertising agencies, records management providers, data analysis providers, credit card and other financial institutions involved in payment for CMI Cap products and services, credit reporting agencies, and other service providers and product suppliers. CMI Cap will use commercially reasonable efforts to limit such CMI Cap’s Independent Contractors from using Personally Identifiable Information for any purpose other than the purpose for which CMI Cap has contracted with them.
6. SECURITY MEASURES
CMI Cap will take commercially reasonable steps to secure and store your Personally Identifiable Information. CMI Cap uses industry standard security measures in connection with online payment transactions. Unfortunately, it is impossible to keep any information transmitted over the Internet completely secure, and CMI Cap provides no warranty or guaranty against the unauthorized interception, discovery, loss, misuse, alteration or theft of your Personally Identifiable Information.
7. LAW ENFORCEMENT, LEGAL REQUESTS AND DUTIES
CMI Cap may disclose or otherwise allow others access to your Non-Personally Identifiable Information and/or Personally Identifiable Information pursuant to a legal request, such as subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
