TERMS AND CONDITIONS FOR CMI WEB SITE ACCESS AND USE
The web site, www.cmiweb.com (the “CMI Web Site”), including all of its features and content is a service made available by Credit Mediators, Inc. (“CMI”). USE OF THE CMI WEB SITE CONSTITUTES AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES POSTED THEREON.
Web Site Limited License. As a user of the CMI Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the CMI Web Site and content in accordance with these Terms and Conditions. CMI may terminate this license at any time and for any reason.
Placement of Collection Accounts. Because CMI wants to be able to service its clients at the high level that they have come to expect, the first year of access to the CMI Client Web Site and CollectNet is free. After year one, the service can be maintained for an annual payment of $159 for the user license.
Passwords and System Security. Access to certain areas of the CMI Web Site require the use of a user access code and password (a “Login Code”) assigned to you. Before such Login Code will be provided and the secure areas of the CMI Web Site will be available, you agree to be bound by the terms and conditions herein. You may authorize certain employees or other individuals (“Authorized Users”) to use the Login Code and access the secure areas of the CMI Web Site. It shall be your responsibility to assign, maintain and update Authorized Users representing your company. Use of the CMI Web Site with the Login Code assigned by CMI will be deemed by CMI to be valid and authentic and you agree that any communications to CMI under the Login Code will be given the same legal effect as written and signed paper communication. Any unauthorized access to or use of the CMI Web Site or its content is prohibited. You are responsible for preventing unauthorized use and access to the CMI Web Site.
Limitations on Use. The content available on or through the CMI Web Site is for your use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the CMI Web Site or the content. Nor may you use any network monitoring or discovery software to determine the site architecture, extract information in our database not related to you or your accounts, or to identify other users. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the CMI Web Site. You agree not to interrupt or attempt to interrupt the operation of the CMI Web Site in any way.
Intellectual Property Rights. Except as expressly provided, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the content and CMI Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Errors and Corrections. CMI does not represent or warrant that the CMI Web Site, its content or any information accessible through the CMI Web Site will be (i) error-free, (ii) free of viruses or other harmful components, (iii) correct, accurate, timely, or otherwise reliable, (iv) corrected or updated; or (v) always accessible. CMI may make improvements and/or changes to features, functionality or content at any time.
Third Party Content. Third party content may appear on the CMI Web Site or may be accessible via links from the CMI Web Site. CMI shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the CMI Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of CMI. These linked sites are only for your convenience and therefore you access them at your own risk.
DISCLAIMER. THE CMI WEB SITE AND THE INFORMATION ACCESSIBLE THEREIN IS PROVIDED ON AN \”AS IS, AS AVAILABLE\” BASIS. CMI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CMI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE CMI WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE CMI WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE CMI WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE CMI WEB SITE OR THE INFORMATION ACCESSIBLE THEREFROM, (E) UNAUTHORIZED ACCESS TO THE CMI WEB SITE OR INFORMATION PROVIDED THEREIN, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE CMI WEB SITE OR THE INFORMATION ACCESSIBLE THEREFROM.
LIMITATION OF LIABILITY. CMI SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE CMI WEB SITE, THE INFORMATION ACCESSIBLE THEREFROM, OR THE INTERACTIVE AREAS OF THE CMI WEB SITE. CMI SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS\’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE CMI WEB SITE OR ITS CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, CMI’S SOLE OBLIGATION FOR DAMAGES SHALL BE LIMITED TO $100.00.
Indemnification. You agree to indemnify, defend and hold harmless CMI, its officers, directors, employees, agents, licensors, suppliers and any third party information provider to the CMI Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys\’ fees, resulting from any violation of these Terms and Conditions.
Remedies for Violations. CMI reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address, user access code or password to the CMI Web Site and its features.
Lost or stolen Login Code. If you believe your Login Code has been lost or stolen or that someone has used them without your authorization, immediately notify CMI by writing, calling or e mailing CMI at:
Credit Mediators, Inc.
P.O. Box 456
Upper Darby, PA 19082-0456
Include in the notice your company\’s name, your name, address, phone number and a brief description of the problem. All notices will be reviewed and answered as soon as possible following our receipt of your notification.
Governing Law and Jurisdiction. These Terms and Conditions are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Pennsylvania and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Modification. CMI reserves the right to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will appear on the CMI Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions and you acknowledge that continued use of the CMI Web Site after any such changes constitutes your consent and agreement to be bound by those changes.