1. Acceptance: This program is open to all end users of reliability products and services. CMMS Data Group and/or it’s appointee’s reserve the right to refuse any web site or individual for acceptance into the program for any reason whatsoever. Anyone joining this program must abide by our member terms of service. Acceptance will be indicated by receiving regular issues of the CMMS Data Group Inc. email newsletter.
2. Approval: All websites or individuals applying for membership in CMMS Data Group Inc. must be approved by CMMS Data Group Inc. before they can participate. CMMS Data Group Inc. reserves the right to withhold approval without explanation.
3. Termination: CMMS Data Group Inc. reserves the right to terminate any member account without explanation. Although not a requirement, a termination notice may be delivered by e-mail and it will be effective immediately. If your account was terminated due to a violation of our terms of agreement, all monies shall be forfeited.
4. Indemnification: You irrevocably covenants, promises and agrees to indemnify Data Group Inc. and to hold CMMS Data Group Inc. harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims.
5. Renewal: The terms of this contract between CMMS Data Group Inc. and its affiliate members shall renew automatically for successive periods and may be cancelled at any time and for any reason by either party.
CMMS DATA GROUP INC. DOES NOT WARRANT THAT EXPERTS ON THIS SITE ARE LICENSED OR CERTIFIED TO PRACTICE IN ANY JURISDICTION; NOR DOES CMMS DATA GROUP INC. MAKE ANY WARRANTY AS TO THE RESULT THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE CMMS DATA GROUP INC. WEB SITE. THE SERVICES CONTAIN OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. CMMS DATA GROUP INC. DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH SERVICES. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND CONTENT SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED TO YOU “AS IS” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CMMS DATA GROUP INC. AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH THE SERVICE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CMMS DATA GROUP INC. DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES REVIEWED, AVAILABLE OR ADVERTISED THROUGH THE SERVICE. CMMS DATA GROUP INC. DOES NOT WARRANT OR REPRESENT THAT THE SERVICES OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. THIS NO WARRANTY STATEMENT EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICES BY CMMS DATA GROUP INC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT IN NO EVENT WILL CMMS DATA GROUP INC., OR ITS OFFICERS, DIRECTORS SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE SERVICES, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE, EVEN IF CMMS DATA GROUP INC. OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
8. APPLICABLE LAW
THESE TERMS AND SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAWS PROVISION.
In Case of Disputes
You agree to accept and appoint CMMS Data Group Inc. and/or their appointee to resolve all disputes arising from this agreement. All rendering of disputes shall be considered final and binding to all. No appeals will be accepted after a decision has been reached, and any further action on your part shall be considered null and void.
By visiting and accessing information on this web site you are electronically signing this contract, you agree to abide by the terms and conditions listed above.
And by electronically signing this contract, you agree that you are either at least 18 years of age or have your parent or guardian’s permission to participate in this program.