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CMA FINANCIAL CORPORATION "TERMS OF USE"
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This website ("Website") is provided by CMA Financial Corporation which may include
any or all of CMA Financial Corporation, Our parent companies, subsidiaries, affiliates,
Third Parties, divisions, contractors and all data sources and suppliers all of
which are referred to herein as ("CMA Financial Corporation," "Us," "We," "Our.")
This Website is subject to these "Terms of Use," Privacy Policy, Disclaimer, and
all modifications of any of the foregoing. By using this Website, you ("You," "Your")
and other users and visitors (together with You, the "Visitors"), are deemed to
have understood and agreed to these Terms of Use. If You do not understand or agree
to these Terms of Use, You will not use this site. Your access to some areas of
the Website ("Online Services") may be subject to certain membership and/or registration
requirements in CMA Financial Corporation’s discretion only. The Terms of Use herein
are in addition to, and do not override, the specific terms and conditions that
apply to the products or services offered by CMA Financial Corporation and otherwise
through this site. The information, products, and services available on this Website
may include technical inaccuracies or typographical errors which CMA Financial Corporation
is in no way responsible for.
You acknowledge and agree that in connection with Your use of the Website, You must:
(a) provide for Your own access to the World Wide Web and pay any service fees associated
with such access, and (b) provide all equipment necessary for You to make such access
and connection to the World Wide Web, including a computer, software and a means
of connecting to or accessing the Internet. CMA Financial Corporation shall not
be responsible for any malfunctions, errors, crashes or other adverse events that
may occur from Your use of the Website.
This Website contains content, including but not limited to that which is protected
by trademarks, service marks, trade names, copyrights and other intellectual property
rights owned by CMA Financial Corporation and others ("Website Content"). As between
You and CMA Financial Corporation, CMA Financial Corporation is either the sole
owner of all rights or has right to use Website Content. Except as otherwise expressly
provided herein, Your use of the Website does not grant to You a license to any
Website Content. You may not download, archive or save a copy of the Website for
any purpose, except You may download, print or make copies of individual screens
and documents appearing as part of the Website solely for Your own internal business
purposes, provided that any marks, logos or other legends that appear on such screens
and documents remain on, and are not removed from the downloaded, printed or stored
screens or documents. Except as expressly permitted in these Terms of Use, You may
not modify, copy, publish, translate, display, transmit, distribute, transfer, frame,
adapt, create derivative works from or in any way exploit the Website Content. Any
commercial exploitation of the Website or the Website Content is strictly prohibited.
CMA Financial Corporation may make available certain public and/or private forums
such as bulletin boards, email lists, blogs, or chat rooms (collectively, "Peer
Groups") on the Website. Use of any Peer Group is subject to these Terms of Use,
the Privacy Policy, and any other notice or policy applicable to a particular Peer
Group or Peer Groups in general. Information, data, text, music, sound, photographs,
graphics, video, messages and other content and materials that You may post to the
Website via e-mail, uploading, posting, chat room, bulletin board or otherwise,
or that You otherwise supply to CMA Financial Corporation shall be referred to herein
as "Visitor Content." Visitors should be aware that when they voluntarily disclose
personal information (e.g., user name, e-mail address, phone number) on or through
Peer Groups, that such information is generally accessible to and may be collected
and used by others and CMA Financial Corporation and may result in unsolicited messages
from other people. Visitors of the Website are encouraged to exercise caution when
providing personal information about themselves. You agree that CMA Financial Corporation
takes no responsibility and that You are solely responsible for the origination,
accuracy, completeness, ownership, publication and dissemination of, and that You,
and not CMA Financial Corporation, are entirely responsible for, Your Visitor Content.
By submitting or sending Visitor Content to the Website or CMA Financial Corporation
You represent and warrant that such Visitor Content is original to You, that no
other party has any rights to such Visitor Content and that such Visitor Content
does not violate, infringe or misappropriate any third party right or applicable
law.
Subject to any confidentiality obligations of CMA Financial Corporation with respect
to Your use of the Online Services, by submitting or sending Visitor Content to
CMA Financial Corporation or otherwise making Visitor Content available for display
on or through the Website, You grant CMA Financial Corporation the royalty-free,
unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Visitor Content (in whole or part)
worldwide and/or to incorporate it in other works in any form, media, or technology
now known or later developed, in connection with the Website. You also warrant that
any "moral rights" in posted materials have been waived.
CMA Financial Corporation does not solicit nor does it wish to receive any confidential,
secret or proprietary information or other material from You through the Website,
any of its services, by e-mail, or in any other way, and any information or material
submitted or sent to CMA Financial Corporation will be deemed not to be confidential
or secret. You agree and acknowledge that any ideas, concepts, methods, systems,
designs, plans, techniques or other similar materials that You submit or otherwise
communicate to the Website, may be used by CMA Financial Corporation in any manner.
CMA Financial Corporation (or a designee) reserves the right (but assumes no obligation)
to, at its sole discretion, refuse, edit or remove any Visitor Content, in whole
or part, that, in CMA Financial Corporation’s sole judgment, does not comply with
these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate.
CMA Financial Corporation is not responsible for any failure, non-failure or delay
in refusing, editing or removing such Visitor Content.
You may not upload, post, e-mail or otherwise transmit any Visitor Content on or
through the Website that: (i) infringes any proprietary rights of any party or person;
(ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of
another's privacy, or hateful; (iii) victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis of race, ethnicity, gender, religion,
sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized
advertising, promotional materials, "spam," "chain letters," or any other form of
solicitation; or (v) contains software viruses or any other computer code, files
or programs designed to or which may interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment or any other
similarly destructive activity.
You further agree that You will not: (i) use the Website, or any part thereof, to
"stalk" or harm any other Visitor or any other person in any way; (ii) impersonate
any person or entity, including but not limited to a CMA Financial Corporation officer,
director, or representative, or falsely state or otherwise misrepresent Your identity
or affiliation with a person or entity; (iii) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Visitor Content transmitted on
or through the Website; (iv) disrupt the normal flow of dialogue in a Peer Group;
(v) interfere with or disrupt the Website or servers or networks connected to the
Website, or the use thereof, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website; (vi) "hack," infiltrate or otherwise
seek to gain unauthorized access to, or compromise the integrity of, the Website;
(vii) harvest, collect or store information about the Visitors of this Website,
the Visitor Content posted by others on this Website or any other data or information
on this Website, or use such information for any purpose inconsistent with the purpose
of this Website; (viii) breach or attempt to breach the security of software, network,
servers, data, computers or other hardware relating to the Website or that of any
third party that is hosting or interfacing with any part of the Website; (ix) create
any frames at any other websites containing or incorporating the Website or any
Website Content; or (x) violate any applicable local, state, national or international
law or regulation. You agree to maintain the strict confidentiality of any passwords
issued to You for Your use or access to the Website, the Online Services, or any
portion of either of the foregoing, and You agree not to allow any other entity
to use any username(s) or password(s) that are issued to You.
You may be able to link to third parties' websites ("Linked Sites") from the Website.
Linked Sites are not necessarily reviewed, controlled or examined by CMA Financial
Corporation in any way and CMA Financial Corporation is not responsible for the
content, availability, advertising, products or other materials of any such Linked
Sites, or any additional links contained therein. These links do not imply CMA Financial
Corporation’s endorsement of or association with the Linked Sites.
You must read the Privacy Policy, which is incorporated by reference into these
Terms of Use.
You must read the Disclaimer, which is incorporated by reference into these Terms
of Use.
THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES, IS PROVIDED "AS
IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, CMA FINANCIAL CORPORATION SPECIFICALLY
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS,
USEFULNESS, OR OTHERWISE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE
SERVICES, AND THE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF
NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE INFORMATION ON THE WEBSITE SHALL IN NO EVENT BE CONSIDERED OR RELIED
UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND CONSULT OF A
LICENSED ATTORNEY.
IN NO EVENT WILL CMA FINANCIAL CORPORATION BE LIABLE TO ANY PARTY FOR ANY DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, OR ANY LINKED
WEB SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION,
OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF CMA FINANCIAL CORPORATION
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES.
IN NO EVENT WILL CMA FINANCIAL CORPORATION WARRANT OR GUARANTY THE CORRECTNESS,
COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS, MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR USE OR PURPOSE OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS
WEBSITE.
IN NO EVENT SHALL CMA FINANCIAL CORPORATION ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE
PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF,
THE INABILITY TO USE, OR RELIANCE ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE
ONLINE SERVICES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING,
WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR
INFORMATION, EVEN IF CMA FINANCIAL CORPORATION OR SUCH ENTITY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN VISITORS. IN NO
EVENT SHALL CMA FINANCIAL CORPORATION BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT
POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER
PERSON ON OR THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF CMA FINANCIAL CORPORATION TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND USE OR YOUR
USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES AND WEBFILE,
EXCEED, IN THE AGGREGATE, THE AMOUNT OF WEBSITE USE FEES, IF ANY, PAID BY YOU TO
CMA FINANCIAL CORPORATION TO USE THE WEBSITE.
CMA Financial Corporation may, at any time, temporarily limit or suspend in whole
or in part, a Visitor's access to the Website if such Visitor is in breach, or if
CMA Financial Corporation has reason to believe such Visitor is in breach, of these
Terms of Use. CMA Financial Corporation may change, add or remove any of the services
or features available on the Website, or may discontinue the Website as a whole,
at any time. CMA Financial Corporation shall not be responsible for any outages,
technical failures or defects in the Website, including but not limited to the Online
Services.
You represent and warrant that Your use of the Website shall be in accordance with
these Terms of Use and all applicable laws, statutes, rules, regulations, ordinances
and policies of all applicable worldwide jurisdictions.
By agreeing to use the Website, You agree to defend, indemnify and hold CMA Financial
Corporation its affiliates, officers, directors and employees harmless from any
and all claims, liabilities, costs and expenses, including reasonable attorneys'
fees, arising in any way from Your use of the Website, any violation of these Terms
of Use by You, or any Visitor Content You post on or through the Website.
You fully agree and understand that the governing law for use of this website is
the State of Texas and the jurisdiction is Dallas County, Texas with no regard for
any conflict of law provision.