Terms & Policies
Shipping limits: We ship anywhere in
the continental United States. Please email Dr. Peter Gillman
for requests for shipments outside of the continental United States.
Software warrantee: CIMS warrants to the original Customer
that the software will perform in substantial conformance to their program
specifications for a period of ninety (90) days from the date of original.
CIMS warrants the media containing software against failure during the
warranty period. CIMS makes no warranty or representation that the data
contained in the Software will meet the Customers’ requirements,
that the operation of the software products will be uninterrupted or
error free, or that all defects in the software products will be corrected.
In no event will CIMS be liable for special, incidental, indirect and/or
any consequential damage including lost profits or judgments against
you.
Customer warrantee: Should a covered defect occur during
the warranty period and you notify us, we will repair or replace the
software. If CIMS cannot reasonably repair nor replace then CIMS may,
in its sole discretion, refund the purchase price paid for the product.
Warrantee exclusions: This warranty excludes (1) physical
damage to the surface of the product, including cracks or scratches
on the cd Disk; (2) damage caused by misuse, neglect, improper installation,
unauthorized attempts to open, repair, or modify the product, or any
other cause beyond the range of the intended use; (3) damage caused
by accident, fire, power changes, other hazards, or acts of God; or
(4) use of the product with any device or service if such device or
service causes the problem.
Return policy: All Sales are final. You
may return an item for replacement within 90 days of the shipment date
if the
software
media
has failed. Shipping and handling charges are non-refundable. All returns
must be accompanied by the packing slip. When you return an item,
please indicate the reason for the return.
You may want to insure your return; we cannot be responsible for lost
or misdirected returns.
Your packing slip will indicate where you need to send your return.
In general, though, you may return merchandise to:
The CIMS Group
6486 Deerfield Drive
New Hope, PA 18938
If you have any questions regarding your order,
please feel free to contact us at:
800-537-9199 or email us at: info@thecimsgroup.com.
Payment options: We gladly accept checks, money orders,
and major credit cards for mail order transactions. Fax, phone, and
online orders are limited to major credit cards. Sorry, we cannot accept
C.O.D. orders.
Legal Policy
Terms of Service
Thecimsgroup.com website (“the Site”) is maintained by
The CIMS Group, Inc. Our mailing address is 6486 Deerfield Drive,
New Hope, PA 18938 and our website address is http://www.thecimsgroup.com.
The Site presents ideas, information, products and services. You use
the Site and its content at your own risk and discretion. If you do
not agree to this and all other terms and conditions set forth here,
please don’t use this website. Continuing to use this website
means that you agree to these terms and conditions. We reserve the
right
to make changes to this Site and these terms and conditions at any
time and you agree to be bound by such changes or updates. You should
periodically
visit this Site to determine whether or not these terms and conditions
have changed.
Disclaimer
All material on the site, without limitation, is provided on an “as
is” basis with no warranty. The CIMS Group, Inc disclaims all
representations and warranties, express or implied, with respect to
all information, services, products and materials accessible on thecimsgroup.com,
including but not limited to warranties of merchantability, fitness
for a particular purpose, title, freedom from computer virus, and non-infringement.
The CIMS Group, Inc does not represent or warrant that the information
on the site is accurate, current or complete, or that the site will
meet your requirements or be uninterrupted, timely, secure or error-free.
You understand and agree that any material downloaded from the site
or obtained through the use of the site is done at your own risk and
discretion and you will be solely responsible for any damage to your
computer system or loss of data that results. Except as provided by
applicable laws, neither The CIMS Group, Inc nor its owners, officers,
employees, directors, agents, contractors, affiliates, subsidiaries,
successors, licensors or assigns of each, shall be liable for any damage
whatsoever arising out of or related to the use of this site or any
other website linked to this site.
Your account, password and security
You are responsible for maintaining the confidentiality of your username
and password, and you are solely responsible for all activities that
occur under your username and password. We recommend that you memorize
this information, and not write it down. You agree to immediately notify
us of any unauthorized use of your username and password or any other
breach of security related to the Site. WE CANNOT AND WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD
YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
Copyrights and trademarks
All material on the Site (collectively herein called “Content”)
– such as text, graphics, images, logos and software – are
subject to trademark, service mark, trade dress, copyright and or other
proprietary or intellectual property rights or licenses held by The
CIMS Group, Inc or its suppliers. Except as expressly authorized, the
use or misuse of any trademarks, trade names, logos, images, graphics
or content from this website is strictly prohibited.
We intend no infringement of any text or graphic copyright. If you own
the copyright to any image or document used on this website, please
contact the Webmaster with all pertinent info so that proper credit
can be given. If you wish to have it removed from the Site, it will
be removed ASAP.
External sites
We list several website links as a convenience to our visitors. We take
no responsibility and give no guarantees, warranties or representations,
implied or otherwise, for the accuracy or content of these external
sites. We shall not be liable or responsible for any loss or damage
incurred as the result of any dealings with these external sites. You
should contact the site administrator or webmaster for these external
sites if you have any concerns regarding such links or the content of
such external sites.
Privacy Policy
Your privacy is important to us. We will not sell or give away your
name, mailing address, telephone number, email address, credit card
information or any other personally-identifiable information to anyone.
We will use state-of-the-art security measures to keep unauthorized
persons from accessing your information.
Credit Card Security
Our credit card transactions are processed by LinkPoint International,
Inc., which guarantees that your online transactions on thecimsgroup.com
will be 100% safe and secure. All transactions are performed utilizing
a secure server software SSL, which encrypts your personal information
before it’s sent over the Internet. This is one of the safest
encryption technologies available. You are further protected by the
Fair Credit Billing Act, which provides that your bank cannot hold you
liable for more than $50.00 in fraudulent charges resulting from unauthorized
use of your credit card.
If your bank does hold you liable for any of this $50.00, LinkPoint
International, Inc., is solely responsible for this or any other liability
arising from the fraudulent or unauthorized use of your credit card
providing the fraud or unauthorized use resulted through no fault of
your own and from purchases made from thecinsgroup.com over LinkPoint
International's secure server. In the event of unauthorized use of your
credit card, you must notify your credit card provider in accordance
with its reporting rules and procedures.
Submissions and Licenses
Except for the information covered by the privacy policy – any
information, materials, suggestions, ideas or comments, questions for
our message board postings sent to thecimsgroup.com will be deemed non-confidential.
By submitting or sending material to the Site you represent and warrant
that (1) the material is original to you, (2) no other party has any
rights to the material, and (3) the material is not subject to any obligation,
whether of confidentiality, attribution or otherwise, on our part and
we shall not be liable for any use or disclosure of any material. You
also warrant that any “moral rights” in posted materials
have been waived. And, by submitting such materials and information,
you are granting The CIMS Group, Inc a worldwide, perpetual, irrevocable,
royalty-free, sublicenseable right, in any media currently known, to
exercise all copyright rights with respect to the content you provide
to us. However, we will not use your name in connection with any use
unless we first obtain your permission or otherwise are required by
law to do so.
Termination
You agree that we, in our sole discretion, may terminate your password,
account (or any part thereof) or use of the Site and its content, and
remove or discard any information posted by you on the Site, for any
reason including, without limitation, if we believe that you have violated
or acted inconsistently with the letter or spirit of these Terms. You
agree that we may terminate your access to the Site, or deactivate or
delete your account and all related information in your files without
prior notice and that we shall not be liable to you or any third party
for terminating your access to the site. You may discontinue your participation
in the Site at any time.
Indemnification
You agree to defend, indemnify, and hold harmless The CIMS Group, Inc,
its affiliates, third party service providers, and their respective
directors, officers, employees, owners, licensors, licensees, and agents
from and against all claims, damages, losses, costs and expenses, including
reasonable attorneys' fees, arising out of a breach of these Terms of
Service by you and/or your activities in connection with the Site or
any services related to the Site. We may participate in the defense
of any claim at its own cost. You shall not settle any claim that affects
us without our prior written approval.
Miscellaneous
These Terms and any operating rules for the Site established by us constitute
the entire and exclusive and final statement of the agreement between
you and us with respect to the use of the Site. These Terms of Service
and the relationship between you and us will be governed by the laws
of the State of Pennsylvania notwithstanding your actual place of residence.
All lawsuits arising out of the Terms or out of your use of the Site
shall be brought in the federal or state courts located in Pennsylvania.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Site
must be filed within one (1) year after such claim or cause of action
arose or be forever barred. If any provision of these Terms of Service
is found to be unenforceable for any reason, then that provision shall
be deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section headings
used in the Terms of Service are for convenience only and shall not
be given any legal import.
The CIMS Group, Inc reserves the right to charge fees, surcharges and/or
membership fees at any time upon thirty (30) days’ prior written
notice to you.
Message Board
By entering and participating in the Message Board (“Message Board”)
you agree to the following terms and conditions of participation. These
terms and conditions are contractually binding upon you and you agree
to each of them. 1. You enter and participate in the Message Board and
gain access to the materials contained thereon at your own risk.
2. We do not monitor or screen communications on the Message Board and
we are not responsible for any material that any Message Board participant
posts and we do not assume the responsibility to do so.
3. We do not make any representations or warranties as to the truth
or accuracy of any statement made or materials posted on or through
the Message Board. You agree and acknowledge that you assume the risk
of any actions you take in reliance upon the information that may be
contained in the Message Board.
4. We do not endorse or lend any credence for any statements that are
made by any participant in the Message Board.
5. You are fully responsible for your own statements and materials that
you post in the Message Board and any consequences, whether or not foreseen,
to any party who may rely upon these statements. You agree that you
will not take any action directed towards attempting to hold us responsible
for any such materials or statements.
6. Any opinions or views expressed by Message Board participants are
their own. We do not endorse or support or otherwise give any credence
or reason for reliance on any such statements or opinions.
7. In the event that we are notified by any party that any communications
contained in the Message Board or any parties’ participation in
the Message Board is contrary to these terms of Message Board access,
we may, but are not obligated to, investigate the situation and determine
in our own discretion, whether to remove such communication from the
Message Board. We have no liability or responsibility to investigate
or remove any content from the Message Board based upon a complaint
or otherwise.
8. As a participant in the Message Board, you agree that we may remove
any materials from the Message Board for any reason, in our sole discretion,
or for no reason at all. This includes material which is disruptive,
abusive, offensive, illegal, vulgar, pornographic, or any other material.
You hold us harmless from and against any damage you or others may suffer
as a result of our removal of any content from the Message Board or
from the discontinuance of the Message Board at any time.
9. We have the right to remove, expel, or disqualify any party from
participation and access to the Message Board for any time and for any
reason, or for no reason whatsoever, in our sole and absolute discretion.
This includes, but is not limited to any violation of this agreement,
disruptive behavior, complaints from other parties, any allegedly illegal
activity, or for any other reason or for no reason at all.
10. We reserve the right to terminate the Message Board at any time
and all users hold us harmless from and against any claims, damages,
suits, threats, demands, liabilities, actions, causes of action, or
injuries that may result therefrom, including but not limited to any
consequential, incidental, and special damages of every nature and type.
11. You agree that you will not (i) use the Message Board for any illegal
purpose, (ii) place any material in the Message Board that violates
the copyrights, trademarks, trade secrets, confidential information
or other rights of any other party, (iii) place any material in the
Message Board that contains a false statement about any person, infringes
upon the privacy rights of any other person, or threatens, harasses,
abuses or embarrasses any other person, (iv) place any obscene, pornographic,
sexually explicit or violent materials, graphics, photographs, text
or otherwise in the Message Board, (v) place any advertising, attempted
business solicitation, marketing materials or sales promotional materials
in the Message Board, (vi) pretend to be another person that you are
not, (vii) place materials in the Message Board that are disruptive
or off-topic.
12. By accessing the Message Board and placing any information in the
Message Board, you hereby grant us a perpetual, irrevocable, royalty
free license in and to such materials, including but not limited to
the right to post, publish, transmit, distribute, create derivative
works based upon, create translations of, modify, amend, enhance, change,
display and publicly perform such materials in any form or media, whether
now known or later discovered.
13. You grant to others who access the Message Board a perpetual, non-revocable,
royalty free license to view, download, store and reproduce your postings
but such license is limited to the personal use and enjoyment of such
other party accessing the Message Board.
