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Terms of Use

CMG  Assist - Terms of Use Agreement for CMG Access Membership and all other CMG Assist web sites and services.

 

PLEASE READ CAREFULLY - IMPORTANT

Member's Acceptance and Acknowledgment of Terms

 

Consumer Marketing Group, LLC dba CMG Assist ("Us", “Our”, "We" or “CMG”) provides the CMG Access site, http://www.CMGaccess.com, and various related sites (ex. www.CMGconnect.com; www.AAAdisasterClub.com; www.CMGassist.com) and services identified in the Membership Services Agreement (collectively, the "Site") to you, the Member, an organization or entity who has entered into the Membership Services Agreement with us for access to any of these sites or services (“You” or the “Member”) for the non-transferable and non-exclusive right to use and access the Services (as hereinafter defined) on the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and Member.

 

Please carefully read this Terms of Use. Each and every time Member accesses any portion of the Site, Member agrees to be bound by the current version of the Terms of Use, as they may be amended from time to time. A copy of the current Terms of Use is posted at our Internet website (go to www.CMGaccess.com/Home/TermsOfUse and click on the link marked “Terms of Use”). Please check the Terms of Use on the website periodically for changes. Member acknowledges and agrees that it is Member’s responsibility to review the Site and the Terms of Use from time to time and to familiarize itself with any modifications. Member’s continued use of the Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

 

The form of this Terms of Use in effect and posted at such website at the time of Member’s initial membership or any renewal membership will apply to such membership or renewal membership, as the case may be. Member’s agreement with us regarding compliance with this Terms of Use becomes effective immediately upon commencement of member’s use of the Site.

 

Should the Member not agree to be bound by this Terms of Use, then in response we are unwilling to provide access or use of the services to the member. In such an event, Member should immediately cease using the site and all services contained without and therein and return to us all content and materials provided by us involving the Site.

 

Member’s remedy for dissatisfaction with the Site, or any Products, services, Content or other information available on or through the Site, is to stop using the Site and /or those particular Products or Services.

 

 

1. Definitions As used in this Terms of Use, “Content” means any data, information, communications, software, video, photos, graphics, music, sounds, and other services and material which are contained on, accessed through or can be viewed on the Site. This includes message boards, chat, and other original content, online or electronic information, data, databases, files, images, graphics, icons, tools, documentation, and all other content or materials contained on or accessed through the Services.

 

Also references to our "Affiliates" include our owners, subsidiaries, officers, affiliated companies, directors, suppliers, partners, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its Contents.

 

“End User” means employees officially affiliated with the Member and thereby authorized to use the Services as herein provided.

 

“End User Agreement” means the terms and conditions that End Users are obligated under when using the Site.

 

“Services” means all services, products and Content provided by us to Member and/or End Users on or through the Site, including, but not limited to, Information about disaster recovery, disaster recovery services, and other like services.

 

“Personal Information” is defined as any writing, electronic, digital or other recorded information concerning End Users by which an End User may be individually identified or which is information that is unique or descriptive of the End User.

 

“Member Account” means the username and password provided to Member that allows Member to use and access those portions of the Site designated to be accessed and used by the Member.

 

“Site Administrator” means the administrator designated by Member for the Site.

 

“Specified Site” means that portion of the Site made available to End Users.

 

“Specified Services” means that portion of the Services made available solely to End Users.

 

“Membership Fees” means the fees payable by Member for the Services pursuant to the Membership Services Agreement.

 

“Membership Services Agreement” means the initial agreement between CMG and Member with respect to the Services.

 

“User Content” means all online or electronic information, data, databases, files, images, graphics, icons, tools, all other content or materials uploaded by End Users to the Site.

 

“Term” means the term of the Membership Services Agreement.

 

2. Description of Services Member is acquiring a non-transferable , non-exclusive right to access and use the Site and Services only as set forth herein or in the Membership Services Agreement. Member shall have no ownership or other rights in the Content or the Services other than those specifically granted in this Terms of Use. All rights that are not expressly granted to the Member are reserved by CMG. CMG hereby grants Member permission to provide an unlimited number of End Users with access to the Specified Site during the Term, subject to Member’s adherence to the Membership Services Agreement and Terms of Use. Member may not access or use the Content for any commercial or other purpose other than the uses as provided for in the Membership Services Agreement. Further, Member may not in any way access, copy, perform, distribute, display, translate, adapt, modify, publish, and otherwise use for any purpose the Specified Site, Specified Services or User Content (including Personal Information therein).

 

We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to Member. We will not be liable to Member or any third party should we exercise such right except in accordance with the Membership Services Agreement. Any new features that augment or enhance the then-current services on the Site shall also be subject to this Terms of Use.

 

3. Member Account and Privacy In order to access some of the Services on the Site designed to be accessed and used by Member, Member will be required to use its Member Account. Member shall designate an employee of Member as the Site Administrator, Member’s authorized representative in connection with the Member Account. CMG shall, upon the Site Administrator’s request, provide the Site Administrator with a User name (“User ID”) and password (“Password”) for the Member Account. The Site Administrator, through the Member Account, may designate certain of Member’s employees to use the Member Account by issuing such employee a unique User ID and Password (each individual employee issued a User ID and Password, an “Authorized Corporate User”). The Site Administrator may only share the User IDs and Passwords with an Authorized Corporate User. The Site Administrator shall ensure that no other entity uses or otherwise accesses the Member Account, except as permitted herein. Member shall be solely and exclusively responsible and liable for any access to or use of the Member Account by the Site Administrator or Authorized Corporate User, or any other person or entity who gains access to the Member Account through Member or any system of Member’s. The Site Administrator’s, and each Authorized Corporate User's, right to access or use the User IDs and Passwords, shall terminate immediately upon termination of the Member Agreement or these Terms of Use, or upon termination of the Site Administrator’s, or any such Authorized Corporate User's, employment with Member. Upon becoming aware that the employment of an Authorized Corporate User has or will end, the Site Administrator shall immediately deauthorize the User ID and Password for that Authorized Corporate User. Member agrees that all information provided through the Member Account is true and accurate and that Member will maintain and update this information as required in order to keep it current, complete, and accurate. Member is solely responsible for maintaining the confidentiality of the Member Account and for any and all misuse, statements made and acts or omissions that occur through Member’s, Site Administrator’s, or Authorized Corporate Users’ use of the User IDs and Passwords. Therefore, Member must take steps to ensure that others do not gain access to the Member Account, User IDs and Passwords. CMG reserves the right to immediately terminate the Member Account if Member transfers or shares the Member Account.

 

Member also grants us the right to disclose to third parties certain information provided by Member through its use of the Site. The information we obtain through Member’s use of the Site is subject to our Privacy Policy, which is specifically incorporated by reference into this Terms of Use. Our Privacy Policy is available by clicking here at www.CMGaccess.com . Our Privacy Policy explains how we collect certain information, who we share that information with and how we secure that information. It also provides Member the right to opt out of us sharing certain information with others, except as provided by law.

 

4. Site Security CMG utilizes some of the most advanced technology for internet security available today. When Member access the Site using industry standard Secure Socket Layer (SSL) technology, Member’s information is protected using both server authentication and data encryption, ensuring that Member’s data is safe and secure.

 

Upon logging on using a User ID and Password, CMG issues a session “cookie” only to record encrypted authentication information for the duration of a specific session. The session “cookie” does not include either the User ID or Password. CMG  does not use “cookies” to store other confidential user and session information, but instead implements more advanced security methods based on dynamic data and encoded session ID’s.

 

For further information regarding the security measures utilized by CMG, please see the Site Security policy located at www.CMGaccess.com  .

 

5. Conduct on Site Every End User (Employee) will be required to accept CMG’s End User Agreement in order to use the Site. Member shall use its best efforts to ensure that an End User accesses and uses the Services in accordance with this Terms of Use.

 

Member’s use of the Site is subject to all applicable laws and regulations, and Member is solely responsible for the substance of Member’s communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to Member on or through the Site, Member agrees that it will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

 

  1. is threatening, unlawful, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a threatening and violent nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. degrades, victimizes, harasses, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  4. constitutes unsolicited and unauthorized advertising, bulk or junk or text or email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or
  6. impersonates any entity or person, including any of our employees or representatives.

 

We neither assume any liability for nor endorse the contents of any material uploaded or submitted by Member or End Users to the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, message boards, chat rooms, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with this Terms of Use or any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. Member hereby consents to such removal and waive any claim against us arising out of such removal of content. See "Notice and Takedown" below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

In addition, Member may not use its account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to Member or other authorized users of the Site. Member shall not interfere with anyone else’s use of the Site or other similar services. Violations of systems or network security by Member may incur criminal or civil liability.

 

Member agrees that we may at any time, and at our sole discretion, terminate Member’s membership, account, or other affiliation with the Site without prior notice to Member for violating any of the above provisions. In addition, Member acknowledges that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

6. Third Party Sites and Information The Site may link Member to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and Member acknowledges that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided only as a convenience and does not imply association with, or endorsement of, the site or party by us, or any warranty of any kind, either express or implied.

 

7. Intellectual Property Information

Copyright (c) 01/01/2012 CMG Assist All Rights Reserved.

 

By accepting this Terms of Use, Member agrees and acknowledges that all Content presented to Member on the Site is protected by patents, service marks, trademarks, copyrights or other proprietary rights and laws, and is the sole property of CMG and/or its Affiliates. Member is only permitted to use the Content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, Member may not copy, modify, reproduce, republish, upload, post, transmit, transfer, sell, lease, license, assign, distribute or otherwise make available the Services or any Content in any form, in part or in whole, or by any means without prior written permission from us or the specific content provider, and Member is solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the Content appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Neither we nor our Affiliates represent or warrant that Member’s use of Content displayed on, or obtained through, the Site will not infringe the rights of third parties. See "Notice and Takedown" below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

The following are registered trademarks, trademarks or service marks of Consumer Marketing Group LLC (dba CMG Assist) or its Affiliates: CMG Assist, CMG Access, CMG Connect and AAA Disaster Club. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of CMG Assist or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this Terms of Use grants Member any right to use any trademark, service mark, logo, and/or the name of CMG Assist or its Affiliates.

 

8. Disclaimer of Warranties ALL SERVICES AND CONTENT ON THE SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (B) THE SITE OR ITS CONTENT OR SERVICES WILL MEET MEMBER’S OR END USER’S REQUIREMENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ITS SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY MEMBER FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET MEMBER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVCES AND MATERIALS AT THE SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND WITH MEMBER’S AGREEMENT THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

Content available through the Site often represents the judgments and opinions of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any advice, opinion, or statement made by anyone other than an authorized CMG spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Site for further information, which policies are incorporated by reference into this Terms of Use.

 

Member understands and agrees that temporary interruptions of the Services available through the Site may occur as normal events. Member further understands and agrees that we have no control over third party networks Member may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

 

Member understands and agrees that the Services available on the Site are provided "AS IS" and that we assume no responsibility for the mis-delivery, timeliness, deletion or failure to store any user communications or personalization settings.

 

9. Limitation of Liability – In no event shall we or our Affiliates be liable to Member or any third party for any punitive, special, indirect, incidental or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, Profits or data, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Site or of any web Site referenced or linked to from the Site.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

MEMBER AGREES THAT, IN ANY EVENT, THE AGGREGATE LIABILITY OF CMG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS AND THIRD-PARTY SUPPLIERS UNDER THIS TERMS OF USE, OR OTHERWISE IN RESPECT OF THE SUBJECT MATTER OF THIS TERMS OF USE, FOR DAMAGES, REGARDLESS OF FORM OF ACTION, WILL NOT EXCEED THE MEMBERSHIP FEES PAID TO CMG BY THE MEMBER FOR THE SERVICE IN RESPECT OF WHICH THE CLAIM AROSE DURING THE TERM IN WHICH THE CLAIM AROSE.

 

10. Indemnification Member agrees to defend, indemnify, and hold CMG and its officers, Affiliates, agents, directors, employees, sub-contractors and third-party suppliers harmless from all liabilities, expenses, and claims, including attorney’s fees, that arise out of:

  1. Member’s use or misuse of the Site;
  2. any breach of the Site Administrator’s or Authorized Corporate User’s obligations herein;
  3. any breach by Member of this Terms of Use; or
  4. any breach by an End User of its obligations under the End User Agreement.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member, in which event Member will cooperate with us in asserting any available defenses.

 

11. E-mail, Messaging, Blogging, and Chat Services We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of the Site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between Member and us that, except where expressly noted or contradictory, includes this Terms of Use.

 

We may employ automated monitoring techniques or devices to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not without failures, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

 

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

 

Mailboxes and storage space may have a limited storage capacity. If Member exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

 

12. International Use Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

 

13. Termination of Use Member agrees that we may, in our sole discretion, terminate or suspend its access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of the Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Member’s relationship and may be referred to appropriate law enforcement authorities. Member’s ability to use the Services shall terminate upon the termination of the Member Agreement.

 

Upon the end of the Term, or upon termination or suspension, regardless of the reasons therefore, Member’s right to use the Services ceases immediately, and Member agrees and acknowledges that we may immediately deactivate or delete the Member Account and all related information and files in the Member Account and/or bar any further access to such files or the Site. We shall not be liable to Member or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

14. Governing Law The Site (excluding any linked sites) is controlled by us from our offices within the State of Colorado, United States of America. It can be accessed from all 50 states and Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Colorado, by accessing the Site both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Colorado with respect to such matters.

 

15. Notices All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@CMGassist.com , if by email, or at CMG Assist PO Box 153 Erie, CO 80516-0153 if by conventional mail. Notices to Member may be sent to the address supplied by Member as part of the Membership Services Agreement. In addition, we may broadcast notices or messages through the Site to inform Member of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to Member at the time of sending.

 

16. Entire Agreement This Terms of Use constitutes the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. This Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by Member and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Terms of Use, this Terms of Use shall take precedence.

 

17. Miscellaneous In any action to enforce this Terms of Use, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by Member against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

 

Member may not assign its rights and obligations under this Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under this Terms of Use.

 

Member agrees not to sell, resell, duplicate, copy, reproduce or use for any commercial purposes any portion of the Site, or use of or access to the Site.

 

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

If any part of this Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of this Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

18. Contact Information Except as explicitly noted on the Site, the Services available through the Site are offered by Consumer Marketing Group LLC, a Colorado Corporation, located at PO Box 153 Erie, CO 80516-0153. Our telephone number is 800-503-1037. If Member notices that any user is violating this Terms of Use or End User Agreement, please contact us at info@CMGassist.com .

 

Effective Date: May 1, 2013.