Terms and Conditions

Services are provided to you by CMS Marketing Agency, LLC, located and registered at 340 Falling Timber Court, Georgia 30281, United States (“Licensor” or “Company”), for use only under the terms of the service agreement and the terms and conditions outlined herein. By engaging our Services and signing our Service Agreement(s), accessing or using any Company provided platform or Service and any update thereto (as permitted by this Terms and Conditions) or any website with an authorized link to the Company Website, or accessing or using any content, information, services, features, or resources made available (collectively, the "Services"), clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by these Terms and Conditions and any future amendments and additions to these Terms and Conditions as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into these Terms and Conditions personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services. You agree as follows: 1. Definitions 1.1 “Confidential Information” means, in respect of a party, all data and information of a confidential nature, including know-how and trade secrets, relating to the business, the affairs and any development projects or other products or services of such party. Confidential Information may be communicated orally, visually, in writing or in any other recorded or tangible form. Data and information shall be considered to be Confidential Information if (a) the relevant party has marked them as such, (b) the relevant party, orally or in writing, has advised the other party of their confidential nature, or (c) due to their character or nature, a reasonable person in a like position and under like circumstances would treat them as secret and confidential; 1.2 “Costs” means all costs and indirect costs incurred by CMS MARKETING AGENCY in the performance of the Services under this Agreement; 1.3 “Parties” means the named parties to this Agreement and their respective successors and assigns, and “Party” refers to any one of them, as the context requires; 1.4 “Services” or “Scope of Work” means the services and the scope of work detailed in Exhibit A, it includes Website and/or Graphic Design and is not limited to services; all services may be amended by the parties in writing from time to time; 1.5 “Service Fees” means ascribed to such term in Exhibit A. 2. Services 2.1 Engagement. Subject to the terms and conditions of this Agreement (including Customer’s obligation to pay for Service access), CMS MARKETING AGENCY shall perform the Services listed on Exhibit A. 2.2 Restrictions on Use. Customer agrees, represents, and warrants to CMS MARKETING AGENCY, both during and after the term of this Agreement, the following provisions: (a) Customer shall (i) abide by all prevailing federal, state, and local laws and regulations of any kind governing fair information practices and consumers’ rights to privacy, including without limitation any applicable non-solicitation laws and regulations; and (ii) limit access to consumer information to those individuals who have a “need to know” in connection with Customer’s business and will obligate those individuals to acknowledge consumers’ rights to privacy and adhere to fair information practices and consumer’s right to privacy. CMS MARKETING AGENCY 770-318-1041A (b) Customer shall not use the Service in any way that (i) infringes on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation, or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing. (c) Unless expressly authorized in the Permitted Applications, Customer shall not remove, alter or obscure any proprietary notices in the Service or other materials provided by CMS MARKETING AGENCY hereunder and shall reproduce all such notices on all copies or portions thereof; and Customer shall not provide or cause to be provided the Service to a Processor.