Terms and Conditions

Last updated February 20, 2022

These terms and conditions (“Terms”) cover the use of all websites, mobile applications, social media sites, or other services controlled by Corporate Marketing Services, LLC and/or any of its affiliates ("CMS LLC") that reference these Terms (the “Services”). By accessing and using any portion of the Services or registering on the Services, you agree to the Terms below and to the collection, use and disclosure practices as well as other activities described in the Corporate Marketing Services, LLC Privacy Policy. If you are an employee or representative of a business, you represent you have the right to agree and do agree to these Terms on behalf of the business.

By visiting the website located at "corpmarketingservices.com.com" ("Site"), or any page of the Site and/or by using any CMS LLC Services you demonstrate that (i) you have read these Terms; (ii) you understand them; (iii) you agree and acknowledge that these Terms constitute a binding contract between you and CMS LLC and you will comply with an be bound by these Terms of Use, whether or not you complete the registration process or create a CMS LLC account. If you do not agree with any of these Terms please do not continue using the Services.

In some instances, both these Terms and separate terms independently agreed to with CMS LLC (which may be online or offline) or found elsewhere on the Services will apply to your use of the Services (“Additional Terms”). For example, if you are an employee or representative of a business using a business-to-business focused product, your employer may have a separate agreement with CMS LLC governing the use of that product. To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

The terms "you" or "User" refer to the person who completed the registration process, any visitor to the Services, or any user of the Respondent Services (defined below). CMS LLC reserves the right to change the Terms of this Agreement. Change will be posted at CMS LLCower.com/terms-of-use . If any of these changes are unacceptable, please do not continue using the Services. Use of the Services following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.

Definitions

The Services contain two types of content:

"Corporate Marketing Services, LLC’s Own Content" means any information, intellectual property, works of authorship, creative content, data analytics, reviews, surveys, images and any other documents and/or materials entered into the Services by employees and/ or authorized representatives of CMS LLC.

"Other Content" means any other information entered into the Services by Users or other persons (further defined in Paragraph 8 below).

Use of CorpMarketServices.com

CMS LLC hereby grants you a limited, non-exclusive, non-transferable, non-assignable, personal, revocable license to access and use the Services under the Terms described in this Agreement and only for your personal use. You agree that your use of the Services must be in a manner that is consistent with all applicable laws and, if applicable, the Additional Terms. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Corporate Marketing Services, LLC’s Own Content or Other Content; and (ii) may be suspended or terminated for any reason, in CMS LLC’s sole discretion, and without advance notice or liability. For example, Corporate Marketing Services, LLC’s Own Content is often in the form of Expert Reviews. Such Expert Reviews are proprietary works of authorship and no portion of those reviews may be reproduced, distributed, publicly displayed, or used for a derivative work without CMS LLC's written permission. Your unauthorized use of Corporate Marketing Services, LLC’s Own Content or Other Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in the suspension or termination of this Agreement, your personal liability for infringement, false advertising, unfair competition, including potential criminal liability, and may subject you to monetary fines, penalties and/or damages.

The User may, free of charge and on an occasional basis, make a single copy in paper form of an individual article appearing on a publicly available portion Service for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices and disclaimers that appeared on the original and includes a notice indicating that CMS LLC is the source of the material. For all other uses, including press releases, please contact CMS LLC at e-mail: info@corpmarketingservices.com for information or instructions. License Fees related to any other use of Corporate Marketing Services, LLC’s Own Content and/or Other Content are determined by the extent of use and are in CMS LLC’s sole discretion.

Respondent Services

Use of Respondent Services

This Section applies to your use of respondent services provided by CMS LLC (“Respondent Services”).

Such Respondent Services include without limitation: (i) any survey or study offered, provided, hosted, or administered by or through CMS LLC (“Survey”); (ii) any product testing, whether in-home or in-store, offered, provided, hosted, or administered by or through CMS LLC (“Product Testing”); (iii) any CMS LLC mobile application (“Application”); (iv) your eligibility for and/or redemption of any rewards, incentives, sweepstakes and prizes (collectively, “Rewards”) offered for certain actions and activities, including but not limited to successfully completing a Survey or Product Testing; and (v) any other services offered, provided, hosted, or administered by or through CMS LLC.

If you participate in the Respondent Services, you understand and agree that CMS LLC has the right to use your information, in any manner CMS LLC desires, to help our clients better understand your needs and preferences. You acknowledge and agree that nothing in these Terms creates any obligation on the part of CMS LLC to communicate with any manufacturers, retailers, or other third parties whose products/services are the subject of a Survey or Product Testing. We are not responsible for repairing, replacing, or improving any such product or service, and it is your responsibility to communicate with such third parties directly for those purposes.

You acknowledge and agree that participation in the Respondent Services is voluntary. By participating in the Respondent Services, you agree to receive invitations to participate in the future. Additionally, CMS LLC may provide you with the opportunity to communicate with other respondents and/or CMS LLC.

As part of your access to, use of, and/or participation in the Respondent Services, you may be required to disclose certain personally identifiable information (“PII”) to CMS LLC. You agree to provide truthful information, and acknowledge and agree that CMS LLC may use the information in accordance with the Corporate Marketing Services, LLC Privacy Policy , including as necessary to cooperate with legal disclosure requests (e.g., a court order or subpoena).

You acknowledge that you are accessing, using, and/or participating in the Respondent Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

Restricted Content

In connection with your use of, access to, and/or participation in the Respondent Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to CMS LLC or CMS LLC’s clients, partners, or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content, and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of CMS LLC or the owner of the Restricted Content. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to CMS LLC, CMS LLC reserves the right to terminate, prohibit, or restrict your use of, access to, and/or participation in the Respondent Services.

Additionally, and without limiting the foregoing, you acknowledge and agree that CMS LLC considers any research conducted for CMS LLC and the information that is related to that research, including but not limited to any Surveys, Product Test materials, questionnaires, and the responses of you or any other respondent (collectively, the “Research”), to be Restricted Content. In consideration of your being permitted to participate in the Research, you agree that: (i) you will not disclose the Research, including your responses and comments and any ideas that are discussed and/or generated as a result of your participation in the Research (collectively, “Your Responses”), to anyone other than CMS LLC; (ii) you will not, unless expressly permitted by CMS LLC, use any audio and/or visual recording devices during Research; (iii) all right, title, and interest in the Research and the results thereof, including, for example, all copyrights, trademarks, patents, and other intellectual property rights, are owned by CMS LLC, and CMS LLC has not granted you any right, title, or interest in the Research or the results thereof, or any portion of either; (iv) if ownership of Your Responses does not for any reason vest in CMS LLC, you then irrevocably transfer and assign all of your right, title, and interest in Your Responses to CMS LLC; and (v) CMS LLC may, in any manner that it desires, use Your Responses as it sees fit, including but not limited to sharing Your Responses with others.

Rewards

In connection with your use of the Respondent Services, you may have the opportunity to accumulate Rewards. Rewards may be in the form of cash, gift cards, coupons, discounts, sweepstakes entries, prize drawing entries, or other items of value. Information, official rules, and terms and conditions governing any Rewards may be described in these Terms, on the Services, at the beginning or end of a Survey or Product Testing materials, in Survey or Product Testing invitations, on websites or webpages designated for redeeming Rewards, and/or in any newsletter or other communication distributed or published by CMS LLC.

CMS LLC may modify, alter, delete, or add new terms and conditions related to any Reward at any time without notice. For CMS LLC this includes but is not limited to modifying, altering, adding, or deleting available Rewards, and modifying, altering, adding, or deleting any conditions for earning incentives or rewards, at any time without notice. In addition, CMS LLC may terminate or cease offering any Reward in connection with the Respondent Services, at any time without notice.

CMS LLC makes no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Rewards, including but not limited to any warranty of merchantability or fitness for a particular purpose. CMS LLC is not, and will not be, liable or responsible for the performance or failure of any product or service given to you as, or redeemed with, a Reward, or for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with such product or service. CMS LLC will not replace any lost, stolen, misplaced, or damaged Rewards.

The suppliers or providers of any products or services offered in connection with Rewards, and/or the owners or operators of the any website(s) on which you redeem any Reward, may have their own terms and conditions. Please review these terms and conditions carefully.

PII may have to be collected, processed, and/or disclosed in connection with a Reward program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing, and/or disclosure of your PII for such purposes, and all such PII shall be subject to the terms set forth in the Corporate Marketing Services, LLC Privacy Policy .

Taxes

YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY REWARDS EARNED THROUGH THE RESPONDENT SERVICES MAY BE SUBJECT TO TAXES, AND THAT SUCH TAXES ARE SOLELY YOUR RESPONSIBILITY.

CMS LLC may provide you and/or the appropriate government agency or taxing authority with information related to any Rewards you earn in connection with the Respondent Services. You agree to provide CMS LLC with all required information to assist CMS LLC in complying with its reporting or withholding obligations. CMS LLC may withhold any tax from any Reward as required by applicable law.

In the United States, if you receive Rewards the total value of which equals or exceeds $600 in any tax year, you will be required to furnish your taxpayer identification number or complete and return a W-9 form before the awarding of any Reward to comply with IRS tax reporting requirements. CMS LLC has an obligation to file a 1099-Misc form with the United States Internal Revenue Service for such payments. In addition, you will be provided a completed 1099-Misc form for your tax compliance purposes. If you have received Rewards of $600 or more during a tax year, and fail to provide your taxpayer identification number or complete and return a W-9 form CMS LLC or its agent has sent you, you may not be eligible to receive further Rewards, regardless of when they were earned, unless and until you provide CMS LLC or its agent with the completed and verified W-9 form or your taxpayer identification number.

CMS LLC Employees

CMS LLC employees and their Immediate Family Members (as defined herein) are not eligible to receive any Rewards for using, participating in, or accessing the Respondent Services. For the purpose of this Section, the term “Immediate Family Members” includes parents, spouses or spousal equivalents, domestic partners, children, girlfriends, and boyfriends.

CMS LLC employees may use, access, or participate in the Respondent Services only after receiving written permission from their respective manager, and only for the sole purpose of improving the Respondent Services. CMS LLC’s employees must always be honest and report accurate information in connection with using, accessing, or participating in the Respondent Services.

Accounts

If accessing content that requires registration, only one person at a time may access the Services using the User's screen name and password without the prior consent of CMS LLC. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party, and (v) immediately notify CMS LLC of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and CMS LLC is not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

If you believe your User name and password have been used to access the Services without your authorization, please contact CMS LLC at: info@corpmarketingservices.com.

Restrictions and Ownership

You may not use the Services unless you are at least sixteen (16) years old.

You acknowledge that any and all Services, Corporate Marketing Services' Own Content and Other Content contain copyrighted material, trademarks, and other proprietary information. Corporate Marketing Services' Own Content, Other Content and Services, including the content and the organization, layout, arrangement and design elements of the Site and each individual page of the Site, and any and all intellectual property relating either directly or indirectly to the Services, Corporate Marketing Services' Own Content and Other Content, including but not limited to patents, design rights, copyrights, trademarks, service marks, database rights (including, but not limited to information provided by you), trade secrets, know-how and all derivative works thereof (collectively, “Intellectual Property”), are and will remain the property of CMS LLC or its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. Except as expressly permitted in this Agreement, you shall not reproduce, transmit, publicly display, distribute or use for a derivative work any of the Intellectual Property without CMS LLC’s written permission. You may not in any manner attempt to obtain any right, title, or interest, by registration, patent, copyright, trademark or otherwise in or to such Intellectual Property or any derivative thereof. You shall not take any action that jeopardizes, limits or interferes with CMS LLC's or its affiliates’ ownership of and/or right to use the Intellectual Property. You may not commingle any portion of the Services, Corporate Marketing Services' Own Content or Other Content with any other information and shall not edit, modify or alter any portion thereof. Further, you shall honor any and all reasonable requests by CMS LLC to protect CMS LLC's proprietary interests in the Intellectual Property.

All product or service offerings names identified by ®, ™ or (SM) symbols or appearing in a type form different from that of the surrounding text – e.g. in bold or italics – are trademarks, trade names and service marks owned by or licensed to CMS LLC (unless otherwise identified as being owned by another entity) and are subject to state, federal, and/or international trademark protection. Unless expressly authorized by CMS LLC, you may not use any trademark, trade name or service mark that you access through any Service with any product or service that is not provided by CMS LLC, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit CMS LLC and/or its licensors and affiliates.

In addition, User may not:

use the Services for any purpose that is prohibited by any law or regulation, that is harmful, offensive, sexually explicit, obscene, violent, threatening, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to CMS LLC, or to: use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, harvest, or monitor any portion of the Services, any data or content found on or accessed through the Services, or any other Service information without prior express written consent of CMS LLC; obtain or attempt to obtain through any means any materials or information on the Services that has not been intentionally made publicly available either by public display on the Services or through accessibility by a visible link on the Services; violate any measure employed to limit or prevent access to the Services or its content; violate the security of the Services or attempt to gain unauthorized access to the Services, data, materials, information, computer systems or networks connected to any server associated with the Services, through hacking, password mining or any other means; impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;

interfere with, attempt to interfere with or otherwise disrupt the proper working of the Services, any activities conducted on or through the Services or any servers or networks connected to the Services, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Services; take or attempt any action that, in the sole discretion of CMS LLC, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or the infrastructure of the Services; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content; disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services to stalk, intimidate or harass another; use the Services for any political purpose or commercial purpose not explicitly authorized by CMS LLC; reverse engineer or modify the Services, Corporate Marketing Services' Own Content or Other Content; infringe any intellectual property right, right of privacy, right of publicity or other right of any third party; use the Services, Corporate Marketing Services' Own Content or Other Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or otherwise violate these Terms or any applicable Additional Terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Services, Corporate Marketing Services' Own Content and Other Content.

If you see any violations of these terms and conditions on the Services, please e-mail us at info@ CorpMarketingServices.com.

Copyright Infringement

DMCA Notification

CMS LLC responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide CMS LLC’s designated agent with the following written information:

A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf; Identification of the copyrighted work claimed to have been infringed; Identification of the infringing material and information reasonably sufficient to permit us to locate that material; Your contact information, including your address, telephone number, and an e-mail address;

A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

CMS LLC’s designated agent is:

Corporate Marketing Services, LLC

1712 Pioneer Ave., Suite 2600

Cheyenne, WY 82001

Email: info@CorpMarketingServices.com

You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.

CMS LLC will respond to notifications of claimed copyright infringement in accordance with the DMCA.

Counter Notification

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to CMS LLC’s designated agent with the following written information:

A physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which CMS LLC may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

CMS LLC will respond to counter notifications in accordance with the DMCA.

Subscriptions and Products

Certain areas of the Services require payment before you can access them, including some on a subscription basis (“Subscriptions”). Subscriptions can be purchased by paying a monthly subscription fee. When you register for a Subscription, you get access to the premium areas of our Service. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND CMS LLC WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Your payment will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. CMS LLC may change the price for the Subscriptions, from time to time, by posting the new price on the Services. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.

From time to time, CMS LLC may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). CMS LLC will require you to provide your payment information to start the Trial. UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, CMS LLC WILL AUTOMATICALLY CHARGE YOU FOR A SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A REOCCURRING MONTHLY BASIS. Your Subscription will be subject to the terms set forth in this Section.

CMS LLC does its best to describe every product or service offered on CMS LLC as accurately as possible. However, the employees of CMS LLC are human, and therefore CMS LLC does not warrant that product specifications, pricing, or other content on CMS LLC is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, CMS LLC shall have the right to refuse or cancel any orders in its sole discretion. If CMS LLC charged your credit card or other account prior to our cancellation, CMS LLC will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from CMS LLC is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.

All physical products purchased from CMS LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Customer Support

If you have any questions or comments, please send an e-mail to info@corpmarketingservices.com. You acknowledge that the provision of support is at CMS LLC’s sole discretion and that CMS LLC has no obligation to provide you with customer support of any kind. All legal notices to CMS LLC must be mailed to legal@CMS LLCa.com. When you communicate with CMS LLC electronically, you consent to receive communications from CMS LLC electronically. You agree that all agreements, notices, disclosures, and other communications that CMS LLC provides to you electronically satisfy any legal requirement that such communications be in writing.

Data Processing

Please review the Corporate Marketing Services, LLC Privacy Policy for a description on how CMS LLC collects, uses, and shares information about you as well as your rights and choices about such collection, use and sharing. By using the Services, you acknowledge and agree to our data practices.

Third Party Websites

In connection with your use of the Services, you may be able to link or connect voluntarily to websites or services maintained and/or operated by third parties (“Third Party Websites”). We may also integrate third party technologies into the Services and host Corporate Marketing Services, LLC’s Own Content on Third Party Websites. These Third Party Websites are not owned, controlled, or operated by CMS LLC, nor does CMS LLC endorse any Third Party Website or any products, services, or opportunities advertised, offered, or sold by, through, or in connection with any Third Party Website (“Third Party Information”). CMS LLC does not make any representations or warranties regarding Third Party Websites or third party information. You acknowledge and agree that CMS LLC is not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Websites, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Website, you do so on your own risk. Please carefully review all policies and terms applicable to Third Party Websites.

Communications.

Emails: You can opt-out of receiving promotional e-mails or surveys from CMS LLC at any time by following the instructions as provided in e-mails or surveys, clicking on the unsubscribe link, or e-mailing CMS LLC at: info@corpmarketingservices.com with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or CMS LLC’s ongoing business relations.

Text Messages and Phone Calls: When you complete a market research survey, CMS LLC may request your phone number. If you give CMS LLC your phone number or if you shared your phone number with one of CMS LLC's market research clients, you consent that CMS LLC and/or its service providers may, from time to time, call or text you on your cell phone (using predictive dialers and/or Automatic Telephone Dialing Systems – and, also, pre-recorded calls in the case of phone calls) for market research surveys, to provide reminders, or to offer you additional survey opportunities. You understand that your consent is not required as a condition of purchase, and that you can opt-out of receiving text messages or calls to your phone number from us at any time by: (i) for text messages, texting “STOP” in response to any text message you receive from CMS LLC or contacting CMS LLC at: info@corpmarketingservices.com and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from CMS LLC or contacting CMS LLC at: info@corpmarketingservices.com and specifying you want to opt-out of calls. For text messages, you can also text “HELP” at any time for more information. You understand that you may receive a text message confirming any opt-out by you. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phone and/or carriers are supported. Contact your carrier for further details. Please note that any opt-out by you is limited to the phone number used and will not affect subsequent subscriptions.

Agreement to Arbitrate Disputes and Choice of Law

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Both Parties Agree to Arbitrate.

You and CMS LLC agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate CMS LLC’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances CMS LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein

Arbitration Procedures.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or CMS LLC must do the following things:

Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.

Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

Send one copy of the demand for Arbitration to the other party.

Authority of Arbitrator.

The arbitrator will decide the rights and liabilities, if any, of you and CMS LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and CMS LLC.

Waiver of Class Actions.

YOU AND CMS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and CMS LLC agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and CMS LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CMS LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

Choice of Law/Forum Selection.

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Laramie County.

Disclaimer of Representations and Warranties

ALL THE INFORMATION CONTAINED IN THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, DATA ANALYTICS, PRODUCT TESTING, CONTENT, MATERIAL AND COMMENTARY IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. THE SERVICES MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. HOWEVER, THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. NEITHER CMS LLC NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS OR THEIR THIRD PARTY LICENSORS (COLLECTIVELY, THE “CMS LLC Parties”) MAKE ANY GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, ADEQUACY, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SERVICES, CMS LLC'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICES. CMS LLC SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CMS LLC PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR INJURY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSES OR DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, TIME, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICES, (B) THESE TERMS; OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST CMS LLC OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO CMS LLC FOR USE OF THE SERVICES DURING THE PREVIOUS TWELVE (12) MONTHS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM CMS LLC’s INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Indemnification

You agree to indemnify, defend, and hold harmless the CMS LLC Parties from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties, costs, and/or expenses of any kind, including but not limited to reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused, either directly or indirectly, by: (i) your breach, alleged breach, or violation of these Terms; (ii) your use of, participation in, and/or access to the Services; (iii) your Other Content; (iv) Other Content entered into the Services with the use of your screen name or password; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (vi) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vii) your use of a Third Party Website; or (viii) any misrepresentation made by you. CMS LLC reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with CMS LLC’s defense of any claim. You will not in any event settle any claim without the prior written consent of CMS LLC.

This provision does not require you to indemnify CMS LLC for any unconscionable commercial practice by CMS LLC or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

Waiver of Injunctive or Other Equitable Relief

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CORPORATE MARKETING SERVICES, LLC'S OWN CONTENT, OTHER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY CMS LLC OR A LICENSOR OF CMS LLC.

Updates to Terms

CMS LLC reserves the right, at any time in CMS LLC’s sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that CMS LLC may notify you of any updated Terms and any applicable Additional Terms by posting them on the Services so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to CMS LLC. All such changes are effective immediately when CMS LLC posts them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Services.

Notices

Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to CMS LLC should: (i) be correctly addressed to the address below, and shall be sufficiently delivered if delivered (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch), or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the email address below.

Corporate Marketing Services, LLC

1712 Pioneer Ave., Suite 2600

Cheyenne, WY 82001

Attn: Legal Department

Email: info@corpmarketingservices.com

Except as otherwise required by Applicable Laws, you agree that CMS LLC may provide notices to you: (i) via the e-mail address provided by you to CMS LLC (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that CMS LLC did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid, addressed to the address provided by you to CMS LLC (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on the Services.

General Provisions

Consent or Approval

No CMS LLC consent or approval may be deemed to have been granted by CMS LLC without being in writing and signed by an officer of CMS LLC.

Survival

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Services, including sections on Use of the Services (except for the limited license), Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Websites, Website Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations on Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.

Severability; Interpretat