Terms Of Use

TERMS OF USE

 

 

  1. SCOPE OF AGREEMENT

This Terms of Use (these "Terms") by and between Church is My Club, LLC ("we", "us", "our" or "CIMC") and you ("you", "your" or "User") governs your use of our main corporate web site found at https://www.churchismyclub.com/ or any other website owned or controlled by CIMC (each, a "Site") together with all information, content, products, materials and services made available to you on the Site or through our proprietary portal which provides you access to make a Purchase (“Portal”), in all instances provided by us and/or third parties (which together with the Site shall be collectively referred to as the "Services"). By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of these Terms. If you do not agree to these Terms, do not access or use the Services in any manner.

When we refer to the "use" of the Services in these Terms, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other CIMC-owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of these Terms, including, without limitation our Privacy Policy available at https://www.churchismyclub.com/privacy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.

CIMC reserves the right to modify these Terms at any time, and will post a notice of such changes. The changes become effective immediately upon posting (the "Effective Date"). If any change to these Terms is not acceptable to you, you must stop using the Services. Your use of the Services after the Effective Date shall constitute your acceptance of such changes. If we make any new products or services available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of these Terms unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

We are a limited liability company, established in the U.S.A., registered at 2838 Crestscene Trail, Raleigh, NC 27603 United States (“Physical Notice Address”) with the contact email address churchismyclub@gmail.com (“Email Notice Address”) and for the purposes of the General Data Protection Regulation (“GDPR”) we are the data processor.

  1. DEFINITIONS

 

  1. The term "Collaborative Content" refers to User Content posted on or to the Interactive Services sections of the Site for the purposes of collaboration with other Users.

 

  1. The term "CIMC Intellectual Property" refers to, all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by CIMC or licensed to CIMC by third parties. This includes but is not limited to CIMC Content and CIMC Trademarks.

 

  1. The term "CIMC Trademark(s)" refers to all trademarks and service marks owned by CIMC, as defined by 15 U.S.C. § 1127.

 

  1. The term "CIMC Content" refers to copyrighted content owned by CIMC or other copyrighted content owned by third-party partners of CIMC.

 

 

  1. The term "Site" refers to the website https://www.churchismyclub.com/, which is owned and operated by Church is My Club, LLC.

 

  1. The term "User Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted on or to the Interactive Services sections of the Site by Users.

 

  1. The terms ''you'', "your" and/or ''user'' refer to any individuals and/or entities accessing the Site for any reason.

 

  1. OWNERSHIP AND USE OF CIMC INTELLECTUAL PROPERTY

 

  1. Ownership and Use. CIMC Intellectual Property, which excludes the User Content you upload, post or otherwise transmit via Interactive Services (the "CIMC Intellectual Property"), is owned by CIMC or licensed to us by our third party partners. CIMC Intellectual Property does include, however, any content developed and/or posted via the Interactive Services that has been created in whole or in part by CIMC. You have no rights in or to such CIMC Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any CIMC Intellectual Property, except as specifically permitted under these Terms.

 

  1. CIMC Content. As a courtesy to our Users, we have posted to the Site certain CIMC Content. Unless otherwise specifically set forth on the Site or we give you written permission, you may only access and download the CIMC Content for your personal use, and you agree you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the CIMC Content. You may not do or allow anyone else to do anything with the CIMC Content which is not specifically permitted under these Terms. You acknowledge and agree that the CIMC Content is made available for informational and educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or your professional judgment. Your reliance upon CIMC Content obtained by you on or through the Services is solely at your own risk. All rights not expressly granted in these Terms are reserved to CIMC.

 

  1. Permission to Use Company Content. You may request permission to reproduce all or a portion of CIMC Content owned by CIMC by contacting us at churchismyclub@gmail.com. We reserve the sole discretion to determine whether, and upon what terms, CIMC Content will be licensed. Depending on the nature and scope of intended use licensing fees may apply.

 

  1. Trademarks: The CIMC Trademarks, refers to all trademarks and service marks owned by CIMC, as defined by 15 U.S.C. § 1127 ("Marks") appearing on this Site may not be used in any advertising or publicity, or otherwise to indicate CIMC’s sponsorship of or affiliation with any product or service, without CIMC’s prior express written permission. You are prohibited from using CIMC Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of CIMC. You agree you will not alter any CIMC Mark in any manner to make it appear that CIMC is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by CIMC.

 

  1. LINKS

 

  1. Links to Third Party Sites. As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.

 

  1. Linking to CIMC. You may obtain permission to link to the Site contacting us at churchismyclub@gmail.com.

 

  1.  INTERACTIVE, SOCIAL MEDIA, BLOGS, and OTHER INTERACTIVE MEDIA ("INTERACTIVE SERVICES")

 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (""), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Site, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Site does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Site be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

  1. In connection with your use of the Services, you may have or may be offered access to and use of discussion groups, message boards, and other collaborative websites, and other interactive functionality ("Interactive Services"). If you participate in or use any Interactive Services, you are responsible for User Content you upload, post, link to or otherwise transmit (collectively "transmit") and the consequences thereof. If you choose to transmit any User Content using such Interactive Services, you agree that you own or have a license to post the User Content to the Site and do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the User Content you may transmit using these Interactive Services. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the User Content posted, displayed, linked to or otherwise transmitted via any Interactive Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Although we do not actively monitor, regulate or pre-screen your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any User Content we consider in our sole discretion to be harmful, offensive, disruptive, in violation of law, regulation or any agreement, including, without limitation, which is or may be in violation of these Terms. We do not control the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will CIMC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service

We have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities. The Site does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Site be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service

Additionally, you agree to:

  • not post, email, upload, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • not impersonate any person or entity;

  • not post, email, upload, transmit or otherwise make available any content that harms minors in any way;

  • not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

  • not post, email, upload, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • not post, email, upload, transmit or otherwise make available any content that infringes the intellectual property rights of any party;

  • not post, email, upload, transmit or otherwise make available any content comprising any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;

  • not post, email, upload, transmit or otherwise make available any content comprising any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;

  • not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

  • not intentionally or unintentionally violate any applicable local, state, national or international law;

  • not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

  • not "stalk" or otherwise harass any person;

  • not collect or store personal data about other users; or,

  • not advertise or solicit anyone to buy or sell products of any kind absent prior written approval from CIMC, as set forth in more detail in Section 6 below.

  • not to make negative or disparaging references to CIMC, its products or services or its employees or managers or otherwise compare CIMC, its services or its employees or managers unfavorably to others

    1. License to CIMC. You hereby grant to CIMC a non-exclusive, worldwide, royalty-free, irrevocable perpetual license (with right to sublicense) to reproduce, distribute, transmit, create derivative works of, and otherwise publicly display any User Content you submit by all means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted. CIMC will not use this User Content for any purpose other than the purpose(s) for which it was submitted unless you agree to such use. You retain ownership of User Content you submit and CIMC does not obtain ownership in or to such User Content (or in the case of third-party owned User Content submitted by you with the owner's permission, the third party retains ownership).You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

  1. Use of Content Posted by Other Users. Copyright in the User Content posted, with the exception of Collaborative Content, shall remain with the User or third party who has posted or consented to posting the User Content on the Site. You have no rights in or to such User Content posted by other Users and you agree you will not copy, reproduce, publish, create derivative works based upon or otherwise retransmit any User Content without the express written permission of the owner of such User Content.

Collaborative Content posted by Users for the purposes of collaboration may be modified, reproduced, distributed, transmitted or otherwise used by other Users and is not subject to the limitations on User Content listed in the paragraph above. Such Collaborative Content shall be considered in the public domain and freely available to be used, distributed or modified by the other Users of the Site. For the purposes of distinguishing User Content from Collaborative Content, any Collaborative Content shall be clearly marked as such and/or shall be submitted via areas of the Site facilitating User collaboration.

  1. License Restrictions on Use. You agree not to attempt to access any portion of the Site or other services and products offered or otherwise owned by CIMC. Further, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the CIMC Intellectual Property. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AcademicRecords.net for use in accessing the Service. 

 

  1. COPYRIGHT COMPLIANCE AND COMPLAINTS

 

  1. CIMC respects the intellectual property rights of others. CIMC may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. You agree to abide by the terms of the Digital Millennium Copyright Act (DMCA) and refrain from the following: (a) circumventing CIMC’s access control measures to copyrighted works; (b) posting or otherwise offering circumvention technology through CIMC’s website or web services; (c) posting links or references to an online location that contains circumvention technology; or (d) engaging in other activities in violation of the DMCA. CIMC has the right to terminate the account of any User found in violation of the DMCA or other provision of the copyright laws.

 

  1. In compliance with the DMCA's notice-and-takedown provision, CIMC’s policy for removing infringing content and terminating subscribers who are repeat offenders is as follows:

A copyright owner who believes his/her work has been used on the Site in any manner that constitutes copyright infringement must notify CIMC’s designated agent by written notice. The notice must include the following information: (a) the owner's name, address, telephone number, email address, and an electronic or physical signature; (b) a description and a copy of the work that is allegedly being infringed, or a website where the work may be found; (c) identification of the location of the infringing material on the Site; (d) a statement that the owner has a good faith belief that the use of the copyrighted material was not authorized by the owner or his/her authorized agent; and (e) a statement, under penalty of perjury, that the information in the notification is accurate and made by the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf. Upon receiving the proper notification, CIMC will remove, or disable access to, the allegedly infringed material from the Site.

  1. CIMC’s copyright agent for notices of claims of copyright infringement is DCMA Agent who can be reached at churchismyclub@gmail.com.

 

  1. COMPLIANCE WITH THE CAN-SPAM ACT

 

  1. The User agrees to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site and contacting other users by email. The User may not use the Site, including, but not limited to the Interactive Services, to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email, or engage in other activities in violation of the CAN-SPAM Act, such as, but not limited to: (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines. The User may not promote CIMC’s products or services through uninvited commercial emails without the express written consent of CIMC.

 

  1. CIMC will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from users' failure to adhere to the CAN-SPAM Act or any other applicable laws. The User agrees to indemnify, defend, and hold harmless CIMC, its affiliates, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees) arising from the User's activities in violation of the CAN-SPAM Act or any other applicable laws. The terms of these Terms will inure to the benefit of CIMC’s successors, assignees, and licensees. The User covenants to cooperate fully in the defense of any claim. However, CIMC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of CIMC.

 

  1. REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY

 

  1. In order to access and use our Portal, you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. You will receive a password and account designation upon completing the Service's registration process. If you provide any information that is untrue, inaccurate, not current or incomplete, or CIMC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CIMC has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof.

 

  1. You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services using your User IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns. CIMC is not and will not be liable for any loss or damage arising from a breach of this Section 8.

 

  1. Third Party Services for Registration: We may provide you with the option of registering for the Service using third party services (e.g. Google, Facebook Connect, Instagram, etc.) and otherwise enable various third-party services to be directly integrated into your CIMC experience. We look to enhance your experiences with the Services by integrating these third-party services into the Services. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Services, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and CIMC use, storage and disclosure of information related to you and your use of such services within the Services (including your friend lists and the like), please refer to our Privacy Policy which you may obtain by sending us a request to churchismyclub@gmail.com.  However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Outpost shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

 

  1. PURCHASES, PRICING

 

  1. Purchasing.

 

  1. If you wish to sign up for an account or make a purchase through the Service (“Purchase”), you will be automatically transferred to a third-party processor (e.g. Stripe, PayPal, etc.) for payment processing. In order to make a Purchase you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Any information we collect is used for billing purposes and to fulfill orders.

 

  1. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

  1. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of any Purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

 

  1. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT ON THE SITE (INCLUDING BUT NOT LIMITED TO USE OF THE PORTAL AND ALL CIMC INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL CIMC BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE INTERACTIVE SERVICES. CIMC DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY SITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

  1. LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CIMC, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT CIMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE, PORTAL, OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

  1. INDEMNITY

 

You agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and its and their employees, harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of these Terms, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

 

  1. RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS

CIMC reserves the right to terminate, block or restrict your access to or use of the Site or the Portal for any breach or violation of any term(s) of these Terms. In such event, we may terminate these Terms, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. CIMC may also in its sole discretion and at any time discontinue providing the products or services, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account within the Portal, and all related information and files, and/or bar any further access to such information and files or use of the Portal or the Service. Further, you agree that we are not be liable to you or any third-party for any termination of your access to the Service.

You may terminate these Terms by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.

You agree that CIMC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Site believes that you have violated or acted inconsistently with the letter or spirit of these Terms. The Site may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Site may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Site shall not be liable to you or any third-party for any termination of your access to the Service.

  1. MINORS, CHILD ONLINE PROTECTION ACT NOTIFICATION.

 

  1. If you permit any minor child to use this Website, you will be solely responsible for: (i) the online conduct of such minor child; (ii) the monitoring of such minor child's access to and use of the Website; and (iii) the consequences of any such usage.

 

  1. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230(d), as amended, the CIMC hereby notifies you that parental control protections (such as computer software, hardware and filtering services) are commercially available for you to purchase. These protections may assist you in limiting access to material that could be harmful to minors.

 

  1. GOVERNING LAW/JURISDICTION/DISPUTES

 

  1. These Terms shall be governed in accordance with the laws of the State of North Carolina. Additionally, you also agree that the UN Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) will not apply to these Terms or any interpretation or disputes relating thereto.

 

  1. All disputes under these Terms shall be resolved by litigation in the federal or state courts of North Carolina including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

 

  1. ASSIGNABILITY

These Terms is personal to you, and you may not assign these Terms or the rights and obligations hereunder to any third party without the prior express written approval of CIMC.

  1. WAIVER

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of these Terms.

  1. SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms.

  1. SURVIVAL OF TERMS

Any provision of these Terms which by its nature must survive the termination of these Terms in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in these Terms.

  1. LIMITATION ON ACTIONS

You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services, or otherwise relating to these Terms, must be filed within one (1) year after the claim or cause of action arose, or will be forever barred.

  1. MODIFICATIONS TO SERVICE

 

The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Site or Service shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

  1. ENTIRE AGREEMENT

These Terms constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to these Terms. These Terms shall take precedence over any other documents which may conflict with these Terms, including any terms/conditions posted by Users via the Interactive Services.