CMPD LICENSING, LLC

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY CMPD Licensing, LLC (for purposes of these terms and conditions the term “CMPD Licensing, LLC” includes CMPD Licensing, LLC’s affiliates, as applicable) FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.

No Warranties

Although CMPD Licensing, LLC attempts to provide accurate information, names, images, pictures, logos, icons, formulas, documents, and materials (collectively, the “Contents”) on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. MOREOVER, ANY FORMS, MARKETING PIECES, TEMPLATES, DOCUMENTS, ADVICE IN ANY FORM, OR OTHER MATERIALS PROVIDED ON THE WEBSITE HAVE NOT BEEN REVIEWED, CONFIRMED, OR OTHERWISE AUTHORIZED TO BE IN COMPLIANCE WITH APPLICABLE LAWS IN ALL JURISDICTIONS; THEREFORE, USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK AND EACH USER IS ENCOURAGED TO SEEK ITS OWN LEGAL COUNSEL TO ENSURE SUCH CONTENTS ARE MODIFIED TO BE SUITABLE FOR THE USER’S INTENDED PURPOSE AND IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE USER’S JURISDICTION. AS NOTED BELOW, CMPD LICENSING, LLC ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.

Limitation of Liability

IN NO EVENT WILL CMPD LICENSING, LLC OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE WEBSITE, THE CONTENTS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF CMPD LICENSING, LLC IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Use of Website

Contents are included in this Website solely for the personal use of Website users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website without the prior written consent of CMPD Licensing, LLC, which may be withheld in its sole discretion. To the extent CMPD Licensing, LLC has authorized users to copy, modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website, each such user hereby understands, acknowledges, and reaffirms the “No Warranties” provision set forth herein including, but not limited to, the following: “ANY FORMS, MARKETING PIECES, TEMPLATES, DOCUMENTS, ADVICE IN ANY FORM, OR OTHER MATERIALS PROVIDED ON THE WEBSITE HAVE NOT BEEN REVIEWED, CONFIRMED, OR OTHERWISE AUTHORIZED TO BE IN COMPLIANCE WITH APPLICABLE LAWS IN ALL JURISDICTIONS; THEREFORE, USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK AND EACH USER IS ENCOURAGED TO SEEK ITS OWN LEGAL COUNSEL TO ENSURE SUCH CONTENTS ARE MODIFIED TO BE SUITABLE FOR THE USER’S INTENDED PURPOSE AND IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE USER’S JURISDICTION.”

Alerts. Your enrollment in CMPD Licensing, LLC email lists (the “Service”) includes enrollment to receive alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about CMPD Licensing, LLC or your account(s). Alerts are provided within the following categories:

  • Mandatory Alerts provide you with important account notifications, such as information about changes to your online password or login information.
  • Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts.

CMPD Licensing, LLC reserves the right to terminate its Alerts service at any time without prior notice to you.

Limitations. CMPD Licensing, LLC provides Alerts as a convenience to you for information purposes only. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your internet service provider(s) and other factors outside CMPD Licensing, LLC’ control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold CMPD Licensing, LLC, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose. As Alerts delivered via email are not encrypted, we will never include your login or account information. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

This Website contains screens that are limited to licensees only, and access restricted through the use of a username and password for reasons of safety and security. The licensees that have been granted access to these username and password screens are restricted from any unauthorized use, release or divulgence of username and password, and any and all Contents contained within these restricted screens, for any reason and under any conditions. Any breach with regard to unauthorized use, release or divulgence of username and password and/or this Website Content, on the part of the licensees, will result in immediate severability of that account and will be subject to prosecution under the law. The licensee may not resell any product and/or service to any other person or business entity. The licensee may not assign a beneficiary, in the form of another person or business entity, to any product and/or service, without the express written consent of CMPD Licensing, LLC.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to CMPD Licensing, LLC that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You agree that prior to copying, modifying, distributing, transmitting, displaying, performing, reproducing, transferring, reselling, or republishing any of the Contents of this Website (with CMPD Licensing, LLC’s prior consent and in accordance with the terms and conditions herein), you shall seek your own legal counsel to ensure your use of the Website and its Contents are in compliance with all applicable laws of your jurisdiction.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any Website server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of CMPD Licensing, LLC, including any Website account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or CMPD Licensing, LLC’s systems or networks, or any systems or networks connected to the Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CMPD Licensing, LLC on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Copyrights and Other Intellectual Property

Except where otherwise expressly noted or as noted below, all Contents of this Website, including the graphics, icons and overall appearance of the Website, are the sole and exclusive property of CMPD Licensing, LLC, and/or its subsidiaries or affiliates. The posting of the Contents of this Website neither constitutes a waiver of any of CMPD Licensing, LLC’s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Website user or to any third party. Contents of this Website are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Website.

CMPD Licensing, LLC encourages the development of professional relationships with recognized institutions and other business entities, and as such establishes authorized unilateral or bilateral links to their websites. However, CMPD Licensing, LLC reserves the right to restrict the use of its name or any unauthorized links to this Website, in any form or for any purpose, without the express written consent of CMPD Licensing, LLC. Any third party wishing to establish a professional or business relationship with CMPD Licensing, LLC, and establish authorized unilateral or bilateral links to each other’s Website should contact CMPD Licensing, LLC.

Links to Other Websites

CMPD Licensing, LLC may establish links between this Website and one or more Websites operated by third parties. CMPD Licensing, LLC has no control over any such other Websites or the contents therein. The existence of any such links shall not constitute an endorsement by CMPD Licensing, LLC of such Websites, the contents of the Websites, or the operators of the Websites.

Transmissions from this Website

All transmissions from this Website directed to CMPD Licensing, LLC, with the exception of email’s sent from other than CMPD Licensing, LLC servers, are sent in a secure form and may or may not be immediately received by the appropriate business unit at CMPD Licensing, LLC. Any transmission to this Website, including email shall be deemed and remain the property of CMPD Licensing, LLC. CMPD Licensing, LLC shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to CMPD Licensing, LLC through this Website.

Required Equipment Disclaimer of Liability

Use of the Services requires a computer and modem (in this Agreement, your computer and all related equipment are referred to as your “Computer”) connected through an Internet Service Provider with a Web browser. To provide the highest degree of confidentiality and security, we highly recommend the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized persons to read information. Commercial off-the-shelf browsers typically support 40-bit encryption. Many browser suppliers offer special 128-bit encryption versions, available for download from their respective Websites. We require you to protect your personal information by using the most secure encryption possible, and we specifically disclaim any and all responsibility for losses resulting from your use of 40-bit encryption. Use of the Services cannot be achieved with 40-bit encryption.

Materials Provided to the Website

CMPD Licensing, LLC does not claim ownership of the materials you provide to the Website (including feedback and suggestions) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CMPD Licensing, LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. CMPD Licensing, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CMPD Licensing, LLC’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service. CMPD Licensing, LLC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements. CMPD Licensing, LLC may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and CMPD Licensing, LLC makes no commitment to update the materials on the Website with respect to such products and services.

Modifications

CMPD Licensing, LLC may at any time make modifications, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

CMPD Licensing, LLC reserves the right to terminate an account, shut down this Website, or restrict access to all or part of this Website to any or all persons, for any reason, at its sole discretion.

Governing Law; Venue

These Terms and Conditions will be governed by and be interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. Any action or suit concerning this Agreement must be brought within two (2) years after the alleged breach of this Agreement, and the Parties hereby waive any statute of limitations to the contrary.  The Parties expressly consent to the jurisdiction of and agree that venue over any litigation related to this Agreement shall only be proper in Montgomery County, Texas.  The Parties expressly consent to be sued in Montgomery County, Texas, in any action or suit concerning this Agreement, regardless of either Party’s primary address, state of residence, or any change in the status thereof.  In addition, the Parties expressly agree not to seek transfer and/or removal of any action or suit concerning this Agreement to any other jurisdiction or venue. However, in the event a court of law determines that federal jurisdiction is appropriate, the Parties expressly agree that such action or suit shall only be proper in the United States District Court for the Southern District of Texas, Houston Division.

Website Privacy Statement

CMPD Licensing, LLC is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Website and governs data collection and usage. By using the Website, you consent to the data practices described in this statement.

Collection of Your Personal Information

The Website collects personally identifiable information, such as your email address, name, home or work address or telephone number. The Website also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by the Website. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by CMPD Licensing, LLC for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through the Website, this information may be collected and used by others.

CMPD Licensing, LLC encourages you to review the privacy statements of websites you choose to link to from the Website so that you can understand how those websites collect, use and share your information. CMPD Licensing, LLC is not responsible for the privacy statements or other content on websites outside of the Website.

Use of Your Personal Information

CMPD Licensing, LLC collects and uses your personal information to operate the Website and deliver the services you have requested. CMPD Licensing, LLC also uses your personally identifiable information to inform you of other products or services available from CMPD Licensing, LLC and its affiliates. CMPD Licensing, LLC may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

CMPD Licensing, LLC does not sell, rent or lease its customer lists to third parties. CMPD Licensing, LLC may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, CMPD Licensing, LLC may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to CMPD Licensing, LLC, and they are required to maintain the confidentiality of your information.

CMPD Licensing, LLC does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. CMPD Licensing, LLC keeps track of the websites and pages our customers visit within the Website, in order to determine what Website services are most popular. This data is used to deliver customized content and advertising within the Website to customers whose behavior indicates that they are interested in a particular subject area. CMPD Licensing, LLC will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on CMPD Licensing, LLC; (b) protect and defend the rights or property of CMPD Licensing, LLC; and, (c) act under exigent circumstances to protect the personal safety of users of the Website, or the public.

Use of Cookies

The Website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Website pages, or register with the Website or services, a cookie helps the Website to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the Website features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website services.

Security of Your Personal Information

CMPD Licensing, LLC secures your personal information from unauthorized access, use or disclosure. CMPD Licensing, LLC secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes in this Statement

CMPD Licensing, LLC will occasionally update this Statement of Privacy to reflect company and customer feedback. CMPD Licensing, LLC encourages you to periodically review this Statement to be informed of how CMPD Licensing, LLC is protecting your information.