Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, BROWSING, REVIEWING, AND/OR USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION AND THAT YOU SHALL COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
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The Website may contain additional proprietary notices and copyright information, the terms and conditions of which must be observed and followed. Information on the Website may contain technical inaccuracies or typographical errors. CM Success In Motion may, in its sole discretion, revise, amend, modify, or delete portions of these Terms and Conditions at any time without notice to you. It is at all times your responsibility to read the most current version of these Terms and Conditions. Your continued use of the Website constitutes your acceptance of any revisions, amendments, modifications, or deletions to these Terms and Conditions.
1. Website Access and Usage Guidelines
Subject to your ongoing compliance with these Terms and Conditions, CM Success In Motion hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Website solely for your personal, non-commercial, and lawful purposes, provided that you maintain all copyright, trademark, and other intellectual property notices therein.
Further, CM Success In Motion does not grant you permission, by implication, estoppel, or otherwise, to state or suggest that CM Success In Motion promotes or endorses any third party’s political views, ideas, causes, products, or services. All other rights are hereby expressly reserved.
Your use of the Website, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or Content. You shall comply with these Terms and Conditions and shall not:
i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use any Content or information contained in or obtained from or through the Website, except as expressly permitted by Swiss law or authorized in writing by CM Success In Motion;
ii) delete the copyright or other proprietary rights notices from the Website or any Content;
iii) circumvent, remove, alter, deactivate, degrade, or thwart any of the content or other protections enabled on the Website;
iv) use any robot, spider, scraper, or other automated means to access the Website;
v) decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
vi) insert any code or product or manipulate the Website in any way;
vii) use any data mining, data gathering, or extraction method;
viii) upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website, including any software viruses or any other computer code, files, or programs;
ix) remove, modify, disable, block, impair, or obscure any advertising in connection with the Website; or
x) use or encourage the use of the Website for any illegal purpose, or in violation of any local, cantonal, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection, and privacy.
CM Success In Motion shall have the right to alter, suspend, or discontinue the Website or your access to or use of the Website at any time for any reason without notice or liability to you or any third party.
The Website may become unavailable due to maintenance or malfunction of computer equipment or for other reasons. You acknowledge that CM Success In Motion shall not be liable for any damages to your systems, software, data, or operations due to such interruptions.
2. Intellectual Property and Content Usage
All materials, features, and functionality on the Website, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto (collectively, "Content"), are the exclusive property of CM Success In Motion or its licensors. None of the Content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CM Success In Motion or the copyright owner in each instance.
You shall not "mirror" or "frame" any Content or the Website itself, in whole or in part, without CM Success In Motion's express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. All rights not expressly granted are hereby reserved.
You shall be solely responsible for ensuring that any information or Content obtained from the Website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair, or otherwise damage your systems, software, data, or operations.
3. User Contributions
You acknowledge and agree that CM Success In Motion owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute, and exploit any and all information that you post, submit, share, or otherwise publish on the Website (“User Contributions”). You hereby waive any and all claims against CM Success In Motion for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution, or any other intellectual property rights in connection with CM Success In Motion's use and publication of such “User Contributions”.
In accordance with Swiss law, moral rights are inalienable and cannot be waived. CM Success In Motion will respect these rights. This means that anything posted, submitted, shared, or otherwise published by you to the Website shall be owned by CM Success In Motion and may be used by CM Success In Motion for any purpose, now or in the future, without any payment to, or further authorization by, you.
In the event CM Success In Motion's ownership of such User Contributions is successfully contested, you automatically grant CM Success In Motion a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such User Contributions, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes.
In addition, you hereby acknowledge that CM Success In Motion will respect the moral rights associated with any User Contributions to the fullest extent required by Swiss law.
CM Success In Motion does not represent or endorse the accuracy or reliability of any User Contributions displayed, uploaded, posted on any message board, or otherwise distributed through the Website by any user of the Website, information provider, or any other third party. CM Success In Motion expressly disclaims any and all liability related to User Contributions, and you acknowledge and agree that any reliance upon such User Contributions shall be at your sole option, liability, and risk.
You agree to not post, submit, share, or otherwise publish on the Website any materials that:
i) are threatening, libelous, defamatory, or obscene;
ii) would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law;
iii) infringe the intellectual property, privacy, or other rights of any third parties;
iv) contain a computer virus or other destructive element;
v) contain advertising; or
vi) constitute or contain false or misleading statements.
CM Success In Motion, in its sole discretion, reserves the right to refuse to post and the right to remove any information or User Contributions from the Website, in whole or in part, for any reason.
4. Disclaimer of Endorsement and Professional Advice
The information on the Website is provided to you with the understanding that CM Success In Motion's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on the Website should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors.
Moreover, CM Success In Motion does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through the Website by CM Success In Motion, any user, information provider, or any other person or entity. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability, and risk.
Moreover, CM Success In Motion does not grant any license or other authorization to you to use the Website in any manner if such use in whole or in part suggests that CM Success In Motion promotes or endorses a third party's causes, ideas, political campaigns, political views, websites, products, or services.
5. Warranty Disclaimer
The website, including all content therein, is being provided to you on an “as is” and “as available” basis.
To the fullest extent permissible under applicable law, CM Success In Motion disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title, as to the operation of the website and the information, services, and materials available on or through the website. You acknowledge and agree that you assume full responsibility for your use of the website, and that any information you send or receive during your use of the website may not be secure and may be intercepted by unauthorized parties.
Moreover, you acknowledge and agree that your use of the website is at your own risk and that the website is made available to you at no charge. CM Success In Motion does not warrant that the website or services will meet your requirements, or that access to the website or services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.
CM Success In Motion cannot be held liable for any consequences of data security breaches except in cases of gross negligence or willful misconduct. If you are dissatisfied with the website, your sole remedy is to discontinue using the website.
6. Limitation of Liability
To the fullest extent permissible under applicable law, CM Success In Motion shall not be liable to you or any third party claiming through you for any damages in connection with the website, your use thereof, or your inability to use the website. This limitation of liability shall apply to direct, indirect, incidental, consequential, special, punitive, or other damages you or any third party may incur, as well as damages for lost profits, lost revenue, loss of data, loss of business opportunities, or any other commercial damages or losses, even if foreseen or foreseeable, or even if CM Success In Motion has been advised of the possibility of such damages. By using the website, you expressly agree to the allocation of risk set forth herein.
In any case, CM Success In Motion's liability is limited to cases of gross negligence or willful misconduct, and it cannot be excluded or limited to the extent required by mandatory provisions of Swiss law.
7. General Provisions
These Terms and Conditions and the relationship between you and CM Success In Motion shall be governed by the laws of Switzerland without regard to its conflicts of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Geneva, Switzerland for any dispute arising out of your use of the Website. CM Success In Motion reserves the right to bring proceedings against you in any other competent jurisdiction, particularly if you reside outside of Switzerland.
These Terms and Conditions, together with the Privacy Policy, and any other legal notices published by CM Success In Motion on the Website, shall constitute the entire agreement between you and CM Success In Motion concerning the Website.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. In such a case, the invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the invalid provision. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and CM Success In Motion's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
8. Contact Information
If you have any questions regarding these Terms and Conditions or the Website, please contact CM Success In Motion at cm.successinmotion@gmail.com.