Terms Of Use

These Terms of Use ("Agreement") is a legal agreement between you (either as an individual or any other legal entity) and Configuration Management, Inc. (CMI) or any of its subsidiaries. Your access to, and use of CMI website ("Website") is subject to, and governed by, this Agreement. Be sure to carefully read and understand all of the rights and restrictions delineated in this Agreement. For your reference, you may print this Agreement by using the "Print" option on your browser. By accessing the Website, you confirm your agreement to and acceptance of these terms. CMI reserves the right to update the Agreement at any time without notice to you. You may view the current applicable version of the Agreement at any time by clicking on the "Terms of Use" link at the bottom of each Website page. For the purpose of this Agreement Subsidiary shall mean an entity that directly or indirectly (a) controls or is controlled by CMI by fifty percent (50%) or more of the voting stock, shares or voting power, or (b) is under common control with, CMI by more than fifty percent (50%) of the voting stock, shares or voting power of the entity and CMI.

NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN CMI WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE AGREEMENT, AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.

1. Access. CMI is entitled to terminate or suspend your access to the Website or parts thereof, without notice, for any reason. CMI makes no representation that the information contained on this Website or that access to this Website is appropriate or available for use throughout the world. You are responsible for compliance with all applicable laws in the geography from which you access to this Website, including but not limited to, all applicable export and import laws and regulations.

2. Copyright. The material provided on this Website is protected by U.S and worldwide copyright laws and treaties. Except as specifically agreed, CMI grants you permission to copy materials on the Website solely for informational non-commercial use in support of CMI products. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without CMI’ permission, "mirror" any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of CMI.

3. Trademarks.  Configuration Management, Configuration Management, Inc., CMI, CMI logo, are trademarks or registered trademarks of CMI. All other marks appearing on the Website are the property of their respective owners. Nothing in the Website may be interpreted so as to grant to you, directly or indirectly, the use of a trademark or service mark, whether belonging to CMI or third parties, without the written permission of CMI.

4. Information Provided to CMI.  CMI does not want you to, and you should not, send any confidential or proprietary information to CMI via the Website. Any submission by you to CMI, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of CMI. Furthermore, by your submission you grant CMI an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. CMI shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

5. Links. CMI may provide hyperlinks or pointers to other websites maintained by third parties. The links to any such third party websites are provided for your convenience and information only. The content in any linked website is not under CMI’s control and if you decide to access any such website, you do so entirely at your own risk. The fact that CMI provides a link to a third party website, does not mean that CMI endorses, authorizes or sponsors any such site or that CMI is affiliated with such third party. Under no circumstances shall CMI be liable to any person or legal entity for any direct, special, incidental, punitive, indirect or consequential damages, arising out of the information contained in these third party websites.

6. Product Availability. The availability of the products and services described on the Website, and the descriptions, may vary from time to time and from country to country. You should consult the applicable CMI affiliate or authorized distributor for availability of specific products and services in your area.

7. Software License terms. Unless otherwise specifically agreed in a signed agreement, any software you may download from the Website is governed by the license agreement accompanying the software.

8. Export of Information. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law or any other local law from where you may be accessing the Website. You agree to comply with all United States and foreign Federal, State and local laws and regulations applicable to the use of the Website.

9. Limitation of Liability. CMI, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF CMI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Assignment. This Agreement may not be assigned or transferred by you without the prior written consent of CMI. CMI may assign this Agreement to any affiliate or third party in part or in whole.

11. Governing Law. Any claims relating to CMI’s Website shall be governed by the laws of the State of New Jersey, USA, without regard to of its conflict of law provisions. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.

12. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

13. CMI Privacy Statement. CMI respects your privacy and is committed to protecting it. Please read this Privacy Statement carefully as it explains what information we collect and how we handle and use this information. By registering on CMI website, logging in, or by any other method of voluntarily providing us with your personal information, you will be deemed to have accepted the terms and conditions of this Privacy Policy.

13.1 Collected Information and Its Use.

13.1.1 To assist CMI in delivering services to you CMI may collect information about you or your computer when you browse on our website, or if you choose to register and take advantage of our services. Such information may include your computer’s IP address, your name, email address, mailing address, telephone number, occupation, title, gender, company you work for and other such information.

13.1.2 CMI will use the information it collects to help it improve the usefulness and effectiveness of CMI’s Website, and to personalize your experience on our website, to help you log on in the future and to continue to use the Website. By knowing your preferences CMI can deliver relevant information that meets your needs and ensure that your visit to the Website is quick, easy and productive.

13.1.3 CMI may use your IP address to conduct analysis of user traffic, to help diagnose problems with its servers, administer the Website, or to enable selected third parties to provide us with information on the companies visiting the Website.

13.1.4 As CMI is an international company having offices India, there may be occasions where information may be transferred from one country or continent to another.

13.1.5 CMI may use your email address to respond to inquiries and to provide you with information that may be of interest to you, relating to products similar to those you use or have used in the past. Every email you receive from us will contain simple instructions for removing yourself from the list.

13.2 Use of Cookies

13.2.1 CMI website uses “cookies” to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your computer by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you.

13.2.2 CMI uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content and appropriate advertising on your later visits to these sites. CMI also uses the cookies to measure the effectiveness of its online presence, to determine the path users take on our site and to identify repeat users of our site.

13.2.3 You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of CMI sites and services that depend on cookies.

13.3 Children’s Privacy. CMI is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. CMI does not knowingly collect information from children under the age of 13 and CMI does not target its website to children under 13.

13.4 Accessing your Information.

13.4.1 If you want to access or update any of your information held by CMI, please contact us at: webmaster@CMI.com if you need assistance in relation to your personal information, or if you are having problems removing yourself from the list.

13.4.2 CMI reserves the right to access and disclose personal information to comply with applicable laws and lawful governmental requests, to operate its systems properly, or to protect itself or its users.

13.5 Sharing of Information with Third Parties.

13.5.1 We may need to pass your personal information to third parties who help us to maintain, administer or develop our Website. If so, that information is only given to those third parties for that limited purpose.

13.5.2 From time to time, CMI may pass your personal information to selected third parties who will help CMI to provide you with products, services and information that might be of interest to you.

13.5.3 If we do disclose personal information to third parties, we will only do so to third parties whom we consider to have satisfying measures to protect your personal information.

13.6 Information Security. We take reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

13.7 Links to Third-party Websites. This Website may contain links to third-party Websites. CMI is not responsible for the privacy practices of such Websites.

13.8 Changes to This Privacy Statement. CMI will occasionally update this Privacy statement to reflect changes in our services and customer feedback. When we post changes to this statement, we will revise the “last updated” date at the top of this statement. We encourage you to periodically review this statement to be informed of how CMI is protecting your information.

13.9 Contacting Us. CMI welcomes your comments regarding this Privacy Statement. If you have questions about this statement or believe that we have not adhered to it, please contact us at: webmaster@CMI.com, or at:

Configuration Management, Inc. (CMI)
766 Shrewsbury Ave, Suite E303
Tinton Falls, New Jersey 07724    
        
14. Forward-Looking Statements. Certain information included on this Website is forward-looking and is subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. Factors which could cause results or events to differ from current expectations include, among other things: the impact of price and product competition; the dependence on new product development; the impact of rapid technological and market change; general industry and market conditions and growth rates; international growth and global economic conditions, particularly in emerging markets and including interest rate and currency exchange rate fluctuations; the impact of consolidations in the information technology industry; the uncertainties of the Internet; stock market volatility; the ability of CMI to recruit and retain qualified employees; political and military developments, which may affect the operations and/or markets in which CMI operates. CMI disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

15. Disclaimers.

15.1 WHILE CMI ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. CMI MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL, INCLUDING SOFTWARE, ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED "AS IS" AND CMI DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CMI SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERY, WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.

15.2 CMI MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

15.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

15.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMI OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

This constitutes the entire agreement between the parties with respect to the Website and its use and, except with respect to CMI Websites containing additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether written or oral.

© 2014 Configuration Management, Inc. (CMI). All Rights Reserved.