TERMS & CONDITIONS
BY VISITING CONNECTEDMOBILESOLUTIONS.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms “we”, “us”, “our” and “CMS” refers to Fine Consulting, LLC d/b/a Connected Mobile Solutions. The term the “Site” refers to www.connectedmobilesolutions.com and all sites connected with it. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
CMS provides a website where users can read articles and purchase equipment related to its custom hardware, Wi-Fi systems and related services (the “Service”).
Use of the Site + Service
You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with 's operation and management of the Site. You will not use the Site for any unauthorized or illegal purpose. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Site, including, without limitation, information required to be provided through any registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, CMS reserves the right to terminate your access and use of the Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party through your use of the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting CMS and its affiliates, subsidiaries, employees, officers, and members, and any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors a license to use any User Content, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat any User Content. You will not be compensated for any Use Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, or otherwise transmit the User Content. You agreed that the CMS may publish or otherwise disclose your name in connection with your User Content.
In addition, you also agree that you will not use our Site to:
upload, download, post, email, transmit or otherwise make available any User Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, download, post, email, transmit or otherwise make available any User Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, download, post, email, transmit or otherwise make available any User Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
The Site and its content are provided "as-is" and "as available." CMS does not provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the Site or Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the Site will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations; or (iv) CMS Content will remain unchanged or accessible on the Site. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Refusal of Service
CMS reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. CMS may at any time change or discontinue any aspect or feature of the Site or Service.
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you have signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
If you have submitted a deposit or payment in full for a service, CMS has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
The content of the Site includes, without limitation, (i) CMS trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification; and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "CMS Content"). CMS Content is the property of the CMS, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any CMS Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the CMS Content, including any such notices appearing on any CMS Content you are permitted to download, transmit, display, print, or reproduce from the Site.
The purpose of this website is to be educational. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and purchase, CMS might get a commission in exchange.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Exclusion of and Limitation of Liability.
CMS shall not be liable, and disclaims any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Site and/or any CMS Content; (ii) from any interruption in the availability of the Sites and/or CMS Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Site, or transactions entered into, through or from the Site; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third-party on the Site; (vii) from any delay or failure of the Site arising out of causes beyond CMS’s control; (viii) out of the use of, reference to, or reliance on, the CMS Content; (ix) out of any third-party materials, information, products and services contained on, or accessed through, the Site (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third-party websites; or (xi) out of any other matter relating to the Site or CMS Content.
The foregoing applies even if Connected Mobile Solutions has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Connected Mobile Solutions’ cumulative liability to you exceed the total purchase price of the Service you have purchased from Connected Mobile Solutions, and if no purchase has been made by you Connected Mobile Solutions’ cumulative liability to you shall not exceed $100.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with CMS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Connected Mobile Solutions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Connected Mobile Solutions.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Connected Mobile Solutions
PO Box 24463
Knoxville, TN 37933
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be in Knox County, Tennessee. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions are not assignable, delegable, sub licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.