cmnd+m Terms of Use
Effective Date: 05/30/2020
Acceptance of the Terms of Use
These terms of use are entered into by and between you and cmnd+m LLC (“cmnd+m”, “we” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms”), govern your access to and use of www.cmndm.com, including any content, functionality and services offered on or through the same (the “Website“).
Please read these Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy found at www.cmndm.com/privacy-policy (the “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
Your Comments
We welcome your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, "Comments"). You grant us a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.
Privacy
Your privacy and the security of your personal information is important to us. Our Privacy Policy, which you may view at www.cmndm.com/privacy-policy, sets forth our security practices and is included as part of these Terms. By using our Website, you expressly consent to the use and disclosure of your personal information as described in the Privacy Policy.
Warranties
The information presented on or through the Website is made available solely for general information purposes. The Website, its contents, and all information contained in or offered through the Website, are provided on an "as is" and "as available" basis without representations or warranties of any kind. To the extent allowed by law, we expressly disclaim all representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. We do not warrant that the Website or its contents will be complete, accurate, uninterrupted, secure, or error free or that the Website or the server that makes it available are free of viruses or other harmful components. All information on the Website is subject to change without notice.
Indemnification
You agree to defend, indemnify, and hold us harmless from and against all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Website, or (ii) violation of any of these Terms.
Limitation of Liability
In no event shall we be liable to you for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this Website, whether in an action under contract, negligence, or any other theory, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from or related to your use of the Website shall not exceed $100.
Intellectual Property Rights
The Website and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of us or our third-party licensors. All logos, splash screens, page headers, custom graphics, and button icons displayed on the Website are our or our third-party licensors’ service marks, trademarks, and/or trade dress (collectively, "Marks"). No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Miscellaneous
These Terms are governed by and shall be construed in accordance with the laws of the State of Minnesota without giving effect to any principles of conflicts of law. All claims arising out of or relating to these Terms or the products will be litigated exclusively in the federal or state courts of Ramsey County, Minnesota, USA, and you consent to personal jurisdiction in those courts.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO THE WEBSITE MUST BE COMMENCED WITHIN ONE-YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, it will not affect the validity and enforceability of any remaining provisions.
These Terms are effective unless and until terminated by us.