Terms of Use

Proprietary Rights

You acknowledge and agree that the Site, including all content posted to the Site, contains proprietary information that is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. As between you and CMB, the Site and all Product Content (as defined below) are the sole and exclusive property of CMB or its affiliate. We are granting you no right, title, or interest in or to the Site, any Site Design (as defined below), or any Product Content other than as explicitly set forth herein or in our Terms of Sale.

CMB’s name, logo, and all related names, logos, product and service names, designs, and slogans are ours or our affiliates’ or licensors’ trademarks. You must not use such marks without our prior written permission.

You acknowledge that the Site may include photographs, text, graphics, images, video, and other digital or online media (collectively “Site Content”). You also acknowledge that the Site includes, but is not limited to, the individual design elements, selection, layout, coordination, structure, expression, sequencing, user interfaces, “look and feel,” and arrangement of Site Content (collectively, the “Site Design”). All Site Content and Site Design are exclusively owned by, and constitutes the proprietary property of, CMB or its licensors. You may not transfer, rent, lease, time share, loan, assign, copy, or disclose any Site Content to anyone without our express written consent or as otherwise provided for herein. You may not modify or create derivative works based in any fashion on any Site Content or Site Design.

Except as expressly authorized in writing by us and our licensors (if applicable), you agree not to:

1. sell, rewrite, modify, copy, republish, redistribute, or create derivative works of or from, or otherwise transmit the Site Content, in whole or in part;

2. collect Site Content or other information, including using any automated means (such as harvesting bots, robots, spiders, or scrapers);

3. engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site;

4. upload viruses or other malicious code;

5. solicit login information or access an account belonging to someone else;

6. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) from the Site or otherwise belonging to us or our affiliates;

7. use any meta tags or any other “hidden text” utilizing our name or trademarks;

8. reverse engineer, modify, decompile, or disassemble any aspect of the Site, including any technology used in connection with the Site;

9. tamper with the operation, functionality, or the security of the Site;

10. attempt to override or circumvent any security or usage rules embedded into the Site that permit digital materials to be protected;

11. violate or attempt to violate any security features of the Site;

12. emulate or fake usage of the Site;

13. attempt to probe, scan, or test the vulnerability of the Site, or any associated system; or

14. violate, or assist or otherwise encourage any other party to, violate these Terms of Use.

You may look at the Site online, download individual pages to your personal or handheld computer for later reading, or print a copy of pages for yourself; provided, however, that you may not modify copies of any materials from the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Site Content and other CMB materials you have made. No right, title, or interest in or to the Site, the Site Design, or the Site Content is transferred to you other than as explicitly set forth herein or in our Terms of Sale.

You may use the features of the Site (including Site Content) for your personal use only and not for any commercial purposes. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use.

All goodwill generated from the use of any CMB trademark inures solely to our benefit.

In the event that you provide any user review, comment, or other feedback about the Site or the services or goods provided or available through the Site (“User Feedback”), we will own that User Feedback as well as any actions we take in response to that User Feedback, without any obligation to compensate you. You hereby agree to release and hold harmless CMB and its members, managers, employees, agents, parents, subsidiaries, affiliates, assigns, and successors in interest from any and all claims and liability for damages, losses, or expenses of any kind arising from the making of such User Feedback or CMB’s use of such User Feedback for any reason, including, without limitation, claims with respect to your right to privacy or publicity. For the avoidance of doubt, CMB, as the sole owner of all User Feedback, may use your User Feedback for any reason, including, without limitation, to promote CMB, the Site, any photographs, artwork, or other intellectual property of CMB or its affiliates, or in any other manner.

Children’s Privacy

We are committed to protecting the privacy of children. This Site is not intended for use by anyone under the age of eighteen (18), and you represent, warrant, and confirm that you are at least eighteen (18) years of age or have permission from a parent or legal guardian to access and use the Site.

Current and Accurate Information

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant the accuracy and completeness of all information you provide to us and that such information is not misleading. You agree to promptly notify us of any change in the information you have provided to us or will provide to us. You agree that all information you provide to us, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy.

Account, Password, And Security

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant the accuracy and completeness of all information you provide to us and that such information is not misleading. You agree to promptly notify us of any change in the information you have provided to us or will provide to us. You agree that all information you provide to us, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy.

Consent to Receive Communications

You acknowledge and agree that we may send written and electronic communications to you in connection with the Site, your use of the Site, and any products or services obtained or that you will obtain by or through the Site. You expressly consent to the receipt of any all notices from us by way of email including correspondence we are legally obligated to provide you.

Privacy and Personal Information

In connection with your use of the Site we may collect, obtain, and maintain personal information about you in accordance with our Privacy Policy. The purpose of our Privacy Policy is to identify the information we may collect about you, describe the uses we may make of such information, and the security measures we take to protect it, and describe your options for controlling your information. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You can review our Privacy Policy here.

Links to Third Party Sites

This Site may be linked to other websites which are not under the control of and are not maintained by CMB. Without implying that CMB makes any representations about the Site, CMB makes no representation whatsoever about any other website which you may access through the Site. When you access a non-CMB website, please understand that it is independent from CMB and that CMB has no control over the content of that website. In addition, a link to a non-CMB website does not mean that CMB endorses or accepts any responsibility for the content or use of such website. It is up to you to take precautions to ensure whatever you select for your use is free of such items as viruses, worms, or other items of destructive nature. CMB shall not be responsible or liable for, and you agree to release and hold CMB harmless against, any damage or loss caused or alleged to be caused by or in connection with (i) your use of or reliance on any content, goods, products, or services available on or through any third-party website, application, or content and (ii) any malicious software, computer code, virus, malware, spyware, or similarly destructive, harmful, or invasive digital material transmitted by or existing on or through any third-party website or application.

Some aspects of the Site Content may be delivered through software or other technology offered by third-party service providers. Such third parties may have their own terms and conditions applicable to the use of such third-parties’ software or other technology. CMB shall not be responsible for your inability to access the Site Content as a result of any incompatibility between such third-parties’ software or other technology and your computer or other devices or for any other reason related to such third-parties’ software or other technology.

Indemnification

You will indemnify, defend, and hold CMB, its owners, members officers, directors, employees, agents, affiliates, and representatives (collectively with CMB the “CMB Indemnified Parties”), harmless from and against any and all loss, liability, claim, demand, damage, cost, and expense (including, without limitation, reasonable attorneys’, experts’, and professional advisors’ costs and fees), arising out of (1) your use of the Site (including, without limitation, any purchase placed on, through, or facilitated by the Site); (2) your breach of these Terms of Use (including, without limitation, your unauthorized use of any Site Content or Site Design); or (3) your violation of any applicable U.S. of foreign law or the rights of a third party (including, without limitation, any law applicable to or right arising with respect to intellectual property ownership, infringement, or licensing). The CMB Indemnified Parties will have the right, but not the obligation, to participate in and/or control, through counsel of its choice, any defense by you of any claim to which this indemnity may apply. You may not settle any claim or admit any liability on the part of any CMB Indemnified Party without our express, prior, written consent.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ANY INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OFFERED THEREON, SITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING), STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON INFRINGEMENT WITH REGARD TO THE SITE, THE GOODS OFFERED THEREON, THE SITE CONTENT, THIRD PARTY CONTENT, ANY OTHER CONTENT, AND ANY GOOD OR SERVICE FURNISHED OR TO BE FURNISHED BY US (WHETHER OR NOT ON OR THROUGH THE SITE). WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE, THAT DEFECTS IN THE SITE OR SITE CONTENT WILL BE CORRECTED, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT (INCLUDING ACCURATE DESCRIPTIONS OF GOODS OR SERVICES OFFERED FOR SALE ON THE SITE), OR ANY OTHER CONTENT, OR THAT ANY ERRORS IN THE SITE CONTENT, THIRD PARTY CONTENT, OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE GOODS OR SERVICES OFFERED THEREON, THE SITE CONTENT, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TESTIMONIALS, ENDORSEMENTS, AND COMMENTS BY OUR CUSTOMERS OR AUDIENCE REGARDING OUR GOODS, SERVICES, THE SITE CONTENT, THE SITE, OR ANY PERSON ASSOCIATED WITH CMB ARE MERELY THE OPINION OF THE INDIVIDUAL PROVIDING SUCH TESTIMONIAL, ENDORSEMENT, OR COMMENT.

IF YOU DOWNLOAD ANY SOFTWARE PROGRAM, MATERIAL, OR CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE PROGRAM, MATERIAL, OR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING THE TECHNOLOGY RESOURCES NECESSARY TO OBTAIN, VIEW, PLAY, OR OTHERWISE USE THE SITE CONTENT OR SITE DESIGN. CMB SHALL NOT BE RESPONSIBLE FOR ANY INABILITY TO ACCESS THE SITE CONTENT AS A RESULT OF YOUR USE OF SUCH IMPROPER OR INCOMPATIBLE TECHNOLOGY.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES) ARISING OUT OF (I) YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE GOODS OR SERVICES OFFERED THEREON, OR THESE TERMS OF USE; (II) INABILITY TO USE THE SITE, THE GOODS OR SERVICES OFFERED THEREON, THE SITE CONTENT, OR ANY OTHER CONTENT; (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE, THE SITE CONTENT, AND/OR ANY OTHER CONTENT; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; (VI) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (VII) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THE SITE; (VIII) ANY GOODS OR SERVICES MADE AVAILABLE OR PURCHASED FROM OR THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; OR (IX) ANY OTHER MATTER RELATING TO THE SITE OR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE, THE SITE CONTENT OR ANY OTHER CONTENT, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE AND, IF YOU PURCHASED ANY GOOD OR SERVICE THROUGH THE SITE, ANY OTHER REMEDY THAT MAY BE OFFERED PURSUANT TO OUR TERMS OF SALE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISCLAIMERS INCLUDED IN THESE TERMS OF USE ALSO APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CMB NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OF ANY OTHER PURCHASER OF GOODS OR SERVICES FROM CMB. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CMB IS TO DISCONTINUE YOUR USE OF THE SITE.

Independent and Third Party Vendors and Advertisers

You acknowledge that independent third parties may act as suppliers for CMB. CMB is not responsible for the acts or omissions of such suppliers. Similarly, from time to time, third parties may sell or advertise products on the Site, and CMB is not responsible for the acts or omissions of any such advertisers or sellers, including in connection with any products or services offered or provided by such advertisers or sellers.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CMB, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CMB. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

No Assignment by You

CMB may assign its rights and duties under these Terms of Use at any time without notice to you. Your rights and duties under these Terms of Use are not assignable by you without written consent of CMB.

No Waiver

CMB’s failure or delay in exercising or enforcing any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Force Majeure

CMB shall be excused from performance under these Terms of Use and shall not be liable for any act or omission caused by or arising out of any event, act, occurrence, or circumstance beyond CMB’s reasonable control, including, without limitation, the laws, regulations, or orders of any governmental, regulatory, or judicial authority, war, civil commotion, destruction of facilities or materials, fire, flood, earthquake, storm (or other act of God), labor disturbances, riots, protests, heath epidemics and pandemics (whether or not declared by any governmental authority), shortage of material, or failure of public utilities or common carriers.

Termination

If you violate these Terms of Use in any way, CMB may, in its sole discretion, limit, suspect, or terminate your access to the Site.

In the event that your use or access to the Site is terminated for any reason, we will not refund any payments that you previously made for goods that were previously shipped or for any services (whether or not already provided) other than as explicitly set forth in our Terms of Sale.

Modification; Severability

We may modify the Site, these Terms of Use, and our policies (including our Privacy Policy and our Terms of Sale) at any time, in our sole discretion. Therefore, you should review our policies and Terms of Use from time to time. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the Terms of Use herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severed and deleted to the extent required and shall not affect the validity and enforceability of any remaining term or condition.

If any invalid, unenforceable, or illegal provision of the Terms of Use would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.

Entire Agreement

These Terms of Use, our Privacy Policy, and any applicable Terms of Sale constitute the entire agreement and understanding between you and CMB with respect to the Site and your use of the Site. These Terms of Use supersede all prior or contemporaneous agreements and terms, whether oral or written, between you and CMB with respect to the Site and your use of the Site.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.