TERMS OF USE
Please carefully review CGM, LLC’s Terms of Use before using its websites or mobile applications. By using CGM’s websites or mobile applications, you have accepted these Terms of Use. If you do not accept these Terms of Use, please do not use CGM’s websites or mobile applications.
CGM reserves the right to change these Terms of Use at any time. Such changes, modifications, additions and/or deletions are effective upon notice or publication, whether by private communication to registered users and/or posting on CGM websites and/or mobile applications. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review these Terms of Use periodically, and to be aware of any modifications. Your continued use of CGM’s websites and/or mobile applications after such modifications will constitute your: (a) acknowledgment of the modified Terms of Use; and (b) agreement to abide and be bound by the modified Terms of Use.
Trademarks
The trademarks, logos and service marks (the “Marks”) displayed on CGM’s websites and/or mobile applications are the property of CGM or other third parties. You are not permitted to use these Marks without the prior written consent of CGM or such third party owners.
Copyrights
CGM either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on its websites and mobile applications, or has obtained the permission of the owner of the intellectual property to use the same. CGM strictly prohibits the redistribution or copying of content from its websites or mobile applications without CGM’s prior written consent. CGM authorizes you to display on your computer, download and print pages from its websites and mobile applications provided the copyright notice appears on all such printouts and the information will not be altered and the content is only used for personal, educational and non-commercial use and will not be redistributed or copied to any other media.
Software Use
Any software, including but not limited to CGM’s mobile applications (the “Software”) that is made available to you for download from CGM’s websites is the copyrighted work of CGM. Your use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (the “License Agreement”) and/or the Service Bureau Agreement. You agree not to install any Software that is accompanied by or includes a License Agreement and/or Service Bureau Agreement until you first agree to the terms of the License Agreement and/or Service Bureau Agreement. The express terms and conditions of the License Agreement and/or Service Bureau Agreement govern your use of the Software.
Linking
From time-to-time CGM’s websites may contain links to other websites and resources and are provided for convenience only. CGM has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by CGM of the website or their entities, products or services.
Rules of Conduct
Your use of CGM’s websites and/or mobile applications is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage CGM’s websites or mobile applications is a violation of criminal and civil laws. CGM reserves the right to seek damages from any such person to the fullest extent permitted by law.
You agree not to post or transmit through CGM’s websites and/or mobile applications any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state or federal law. You further agree not to engage in any activity on CGM’s websites or mobile applications that restricts or inhibits any other user from using or enjoying these websites and mobile applications by “hacking,” “cracking,” “spoofing,” or defacing any portions of these websites and mobile applications.
You may not post or transmit through CGM’s websites and/or mobile applications any advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Life Wireless and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.
Username and Password
If you are a CGM customer, you are required to select a username and password, and you agree to: (i) provide CGM with accurate, complete and up to date information; (ii) update your information to keep it accurate, current and complete; and (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of these Terms of Use, which may result in immediate termination of your right to access CGM’s websites and mobile applications.
Further, you agree not to select a username that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. CGM reserves the right to reject any users name in our sole discretion.
You also agree not to sell or transfer your use of or access to CGM’s websites or mobile applications or permit anyone else whose account was suspended or terminated to use these websites or mobile applications through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify CGM of any unauthorized use of your account or any other breach of security. CGM will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
Global Availability
CGM controls its websites and mobile applications from its offices in Roswell, Georgia . If you use CGM’s websites or mobile applications from other locations, you are responsible for compliance with applicable local laws. CGM makes no representation that the products and services referenced herein are appropriate, or available, worldwide.
Indemnification
Any person or corporation submitting content to CGM’s websites and/or mobile applications agree to defend, indemnify and hold CGM and any and all parents, subsidiaries, affiliates, officers, directors, shareholders, members, predecessors, successors in interest, employees, representatives, agents, licensors, heirs and assigns harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by CGM prior to publishing on the website.
Disclaimer
CGM’s WEBSITES AND MOBILE APPLICATIONS—AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES—ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF CGM’S WEBSITES AND MOBILE APPLICATIONS IS AT YOUR OWN RISK.
CGM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF ITS WEBSITES AND/OR MOBILE APPLICATIONS. CGM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CGM DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THESE WEBSITES AND MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE.
CGM MAKES NO WARRANTY THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND/OR (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE WEBSITES AND/OR MOBILE APPLICATIONS, THEIR CONTENT, AND THE SERVER ON WHICH THE WEBSITES, MOBILE APPLICATIONS, AND THEIR CONTENT ARE AVAILABLE AND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF CGM’S WEBSITES AND/OR MOBILE APPLICATIONS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON CGM’S WEBSITES AND/OR MOBILE APPLICATIONS, OR THROUGH LINKS THEREON, IS NOT ADOPTED OR ENDORSED BY CGM AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CGM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ENROLLMENTS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH CGM’S WEBSITES AND/OR MOBILE APPLICATIONS, EVEN IF CGM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE WEBSITES OR MOBILE APPLICATIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITES OR MOBILE APPLICATIONS; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES OR MOBILE APPLICATIONS, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Privacy
See CGM’s Privacy Policy, which is located at www.cgmllc.net.
Jurisdiction
These Terms of Useshall be governed by the laws of the State of Georgia, and any actions relating to these Terms of Use shall be instituted in the state or federal courts sitting in the City of Atlanta, Fulton County, State of Georgia. You agree to submit to the exclusive jurisdiction of, and venue in, these courts, and waive any objection based on forum non conveniens.