1. Visiting Website Constitutes Acceptance of Terms
By visiting the website CMSTechHelp.com, viewing, accessing, logging into or otherwise using any of the services or information created, collected or compiled by or submitted to Security Monitoring Services, Inc. d/b/a Criticom Monitoring Services (“CMS”), you agree to be bound by the following Terms and Conditions of Service. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and CMS and that your use of CMSTechHelp.com shall indicate your conclusive acceptance of this agreement. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the content of CMSTechHelp.com.
2. Confidential Information and Intellectual Property
You acknowledge and agree that CMSTechHelp.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws. The content may only be viewed, and may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
3. Not and Insurer; Disclaimer of Warranties
You understand and agree that CMS is not your insurer and that CMSTechHelp.com or any Services related to CMSTechHelp.com may not work as intended for various reasons. You understand and agree that your use of CMSTechHelp.com is entirely at your own risk and that the information, materials, diagrams or other content of this website is provided “As Is” and “As Available.” CMS does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the CMSTechHelp.com website, information, materials, diagrams or other content. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected. You further agree that the limitations of liability of CMS are a fair allocation of the risks and liabilities between CMS and you, and you shall look exclusively to your insurer for financial protection from all such risks and liabilities.
4. Limitation of Liability
You understand and agree that CMS and any of its subsidiaries, subcontractors or affiliates shall in no event be liable for loss, injury or other consequence arising, directly or indirectly from failure of services or systems to work as intended. CMS shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, losses by your customers or affiliates, loss of business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. This limitation shall apply whether or not CMS has been advised of or should have been aware of the possibility of such damages. If CMS or any of its subsidiaries, or affiliates is determined to be responsible for any loss, injury or other consequence, all claims against and the total liability shall be limited to one thousand ($1,000) USD. This amount is your exclusive remedy, no matter how the loss, injury or other consequence is caused. You agree that such liability limit is a material inducement for CMS to enter into this agreement and provide the CMSTechHelp.com website, and that were CMS to have liability greater than that stated into this section, CMS would not enter into this agreement or provide the CMSTechHelp.com website.
5. CMS May Terminate Services Any Time
CMSTechHelp.com is provided by CMS as a resource for CMS customers. You agree and acknowledge that CMS is entitled to modify, improve or discontinue all or any portion of CMSTechHelp.com at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that CMS may provide services to you through subsidiaries or affiliated entities.
6. Hyperlinks and Third Party Content.
CMSTechHelp.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that CMS is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
7. License to Use Your Content
IF you submit content to CMS to be utilized within CMSTechHelp.com you simultaneously grant CMS an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate the content worldwide. You confirm and warrant that you have the required authority to grant the above license to CMS.
8. Choice of Law; Forum; Limitation on Actions; Jury Waiver
This Agreement shall be deemed to have been made, executed, and performed in, and the validity interpretation and implementation of, and settlement of disputes under, this Agreement shall be governed by the laws of the State of Texas, without regard to such state’s conflict of laws principles. Any suit or action arising out of or relating to or pertaining to this Agreement or the subject matter hereof shall be brought only in the state courts in or Federal courts for the state of Texas. The parties agree that no action or other legal proceeding arising out of or relating or pertaining to this Agreement shall be brought more than one (1) year after the date of the incident giving rise to the claim. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY ACTION OR OTER LEGAL PROCEEDING ARISING OUT OF OR RELATING OR PERTAINING TO THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
9. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and CMS. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
10. CMS May Modify Terms
CMS reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of CMSTechHelp.com after any changes to Terms will signify your agreement to be bound by them.