TERMS OF USE – CTM WEBSITE AND MARKETING COMMUNICATIONS

Content presented at https://www.ctminteractive.com (the “Site”) provides information about and access to products and services offered by CTM Interactive (“CTMi,” or “the Company, or “us,” or “we”).  In addition, it provides ways for site visitors to interact and communicate directly with the Company.  By accessing the Site, remaining on the Site, and interacting with us on the Site, visitors agree to the Terms of Service for the Site, inclusive of the Privacy Policy that applies to the site, which are described and detailed below. If you do not agree to the Terms of Use for the Site, as expressed herein, please do not use or remain on the site, and do not interact with any of its functionality.

RIGHTS TO CONTENT

Access, use of, and communicating via the Site applies to those who simply visit and browse the site (“Visitor”) and to those who take action such as requesting information or sales proposals, or subscribe to blog and/or other ongoing communications (“Subscriber”), to whom we shall refer to collectively as “Users”.   If visit to the site leads to a purchase of the Company’s services, then the Terms of Service and Use, Privacy Policy and other policies that pertain to such services shall apply to that purchase and subsequent use.  Those policies and their applicability are entirely separate from the Terms of Use for the Site, as expressed herein.

The Company may amend the Site, and the Terms of Use for the Site at any time and at its sole discretion.  Any such amendments shall be in effect at the time they are posted.  Visitors and Subscribers should view these Terms of Use on each visit to the Site, and on each interaction that results from prior visits and forms of subscription to the Site.  It is the Terms of Use as posted at the time of the respective visit that form the agreement that the Visitor and/or Subscriber and the Company regarding the Site.  If changes to the Terms of Use for the Site, as expressed on any respective visit or use are no longer acceptable to the Visitor or Subscriber, they should discontinue use of the site.  No other terms – expressed or implied – shall apply.

The Site is not offered for use or subscription by minors.  Its use and subscription are subject to applicable State and Federal law.  By using the Site and its features, you state that: a. you are not a minor and; b. you may enter into the agreement for use and/or subscription to the Site; c. all subscription information you submit is truthful and accurate; (d) your use of the Site and its features does not violate any applicable law or regulation.

The Site contains Content provided by CTM Interactive, including, without limitation, text, images and logos (“CTMi Content,” or “Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and CTMi owns and retains all rights in such Company Content Site. CTMi grants you a limited, revocable, non-sublicensable license to reproduce and display the Company Content (excluding any software code) solely for your own use in connection with considering and utilizing the products and services available on the Site.

 

SUBSCRIBER CONTENT

It is possible that from time to time, allow Subscribers to post and/or upload content in the form of comments, discussion, testimonial, or other forms of content directly related to the Company, its products and services (“Subscriber Content”). Such content may not include any form of prohibited content, as described below.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by Subscribers, or to deny, restrict, suspend, or terminate access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability.

The Company respects the intellectual property of all parties.  Subscribers may not upload, embed, post, email, transmit or otherwise make available any content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

Any party that believes content posted on the Site infringes on the intellectual property rights of others should contact The Company via email at DataAdmin@ctminteractive.com with “Intellectual Property” in the subject line.

DISCLAIMERS

CTM Interactive is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Company’s Content, User Content or other Content posted on or through the Site, whether caused by us, by Subscribers, by any of the equipment or programming associated with or utilized by the Site, or otherwise. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by the Company. Visitors and Subscribers who access these third party sites do so at their own risk. CTM Interactive is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any Visitor or Subscriber. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user, Visitor or Subscriber communication. CTMi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall CTM Interactive, nor its affiliates be responsible for any loss or damage, including personal injury or death, resulting from use of the Site.  Additionally, the Company shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to any computer, software, modem, telephone or other property resulting from use of the Site. We will not be liable to if any user is unable to access information through the Site.

The Site is provided “AS-IS” and as available and CTM Interactive expressly disclaims any warranty of fitness for a particular purpose. The Company cannot guarantee and does not promise any specific results from use of the Site.

LIMITATIONS OF OUR LIABILITY

In no event shall we be liable for any damage, claim or loss incurred by Visitors or Subscribers of the Site, including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims. If the warranty exclusions or limitations of liability set forth in this use agreement are for any reason held unenforceable or inapplicable, the Visitor and/or Subscriber agrees that our aggregate liability shall not exceed one hundred $100.

INDEMNIFICATION

Users agree to indemnify and hold CTM Interactive, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of any use of the Site in violation of the Terms herein and/or arising from a breach of the Terms and/or any breach of Users’ representations and warranties set forth in the Terms and/or arising out of or relating to any Content that any respective user might post or third party transaction that the User might enter or attempt to enter in connection with the Site.

ADDITIONAL TERMS

The Terms will be construed, and their performance enforced, under the laws of the State of Texas. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Harris County for State court causes of action and in the District of Texas for federal court causes of action.

The Terms are accepted upon use of the Site or any of its features. The Terms constitute the entire agreement between the User and CTM Interactive regarding the use of Site and its services and features. The failure of the Company to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

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