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Cumada Terms And ConditionsThe following is the legal contract between you and CUMADA. By opening an account with CUMADA you automatically state that you have read the Terms and Conditions governing the relationship between you [hereinafter referred to as Member and CUMADA . By opening an account with CUMADA the Member states that he/she has read, has fully understood, accepts and agrees to abide by the CUMADA Terms & Conditions.CUMADA reserves the right to update or modify these Terms and Conditions at any time, at its absolute discretion. The member undertakes to re-read this Agreement at regular intervals to review its contents for updates and changes to ensure Member's continued understanding, knowledge, acceptance, and compliance with the Terms & Conditions. In this Agreement the following terms have the meaning given here: MEMBER. A person who has registered their details with CUMADA. REFERRALS are the new members introduced by an existing member. BUSINESS OFCUMADA.CUMADA agrees to provide Members with the use of our Customer Management Database Software and web hosting services complete with Lead Capture pages and Follow-up email and further described within the web site of CUMADA.. CUMADA MEMBERSHIP. Membership is restricted to persons 18 years of age or older and Members are required to act as an individual and not on behalf of any other individual, entity or authority. To become a CUMADA member a person must visit the CUMADA web site and complete and submit the Registration Form. To register is free. Once the completed registration form is submitted prospective member will receive an email confirming their email address and their membership. QUALIFYING FOR COMMISSIONS. As per the Web Site CANCELLATIONS and CHARGE BACKS. Member understands and agrees that, under no circumstances will a refund be issued to any member at any time. Cumada provides a FREE use of our software to every Member, prior to their upgrading. After the Members Free Trial, should the Member decide to upgrade, they are doing so with complete knowledge of CUMADA's offer.. However, if the upgrade fees paid to CUMADA by the member through a payment processor are subsequently reclaimed by the processor, CUMADA shall have the right to freeze the member's account/s until the situation is rectified and CUMADA is paid the fees in full. In the event that a charge back occurs on more than one occasion, CUMADA reserve the right to terminate Membership and close all the member's accounts. Furthermore, recipients of such commissions are required to return all referenced monies and the company has the right to claw back such payments from future commissions, PAYMENT PROCESSOR. The payment processors who are acceptable to CUMADA can be found in your Members Profile area. CUMADA REFERRAL PROGRAM. Members of CUMADA can once they have opened an account participate in and benefit from our referral program. Our referral program rewards members for introducing new members. PERMITTED USE of the CUMADA.com Web site: Visitors and/or Members may not, under any circumstances, use the CUMADA.com web site to place, post or transmit any material of an infringing, threatening, abusive, hateful, harassing, libellous, inflammatory, obscene, indecent, pornographic, profane nature that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law. Member agrees that all correspondence remains the property of CUMADA and cannot be published without prior consent of CUMADA. TAXES.CUMADA does not deduct any taxes from Members. · Members understand and agree that they are responsible to report and pay any and all taxes due in their country, state or local jurisdiction. ·CUMADA will not be a party to any form of tax evasion or other unlawful activity related to Member's tax liabilities. We advise members to discuss any tax-related questions with a tax professional in the Member's jurisdiction. OWNERSHIP & USE OF CUMADA MATERIALS. The CUMADA web site, including its design, text, content, graphics, images, logos, navigation tools, and software are the exclusive property of CUMADA and are protected under all applicable laws protecting intellectual property, including copyright and trademark laws. · No information, documents or forms found on the CUMADA web site may by reproduced, reposted, republished, distributed, publicly displayed, modified, used for public or commercial purposes or gain without the advance, express, written consent of CUMADA its employees, agents, or authorised representatives. Any unauthorised use of such material found on the web site CUMADA may considered a violation of applicable intellectual property or internet security laws. DISCLAIMER. Member has read, understands and agrees to this CUMADA.com web site Disclaimer and understands how it applies to the user of CUMADA's services. Any member who does not accept or and agree to abide by all of the Terms and Conditions as listed herein, does not have a legal right to use this web site or CUMADA's services. LEGAL AND SECURITY DISCLAIMER. All transaction of whatever kind conducted with CUMADA are private business transactions and are exempt from the U.S. Securities Act of 1933 and all amendments thereof, the Securities Exchange Act of 1934 and the Investment Company Act of 1940 and the Rules and Regulations thereof, and any similar Acts from any other jurisdiction therefore all the information you receive from CUMADA is of a private nature and is not available to the general public. CIMADA is not registered with any recognised body as a Financial Advisor or Dealer in securities as per the Investment Advisors Act of 1940 or any other similar Act from any other jurisdiction. CIMADA is not licensed as a Bank or Security and we do not offer Securities. Under no circumstances should anything found on this web site be considered as an offer to sell Securities or a solicitation to invest in CUMADA or any other investment opportunity that may be brought to a visitor or member's attention on the CUMADA web site in any jurisdiction where such an offer or solicitation is unlawful or to anyone to whom it is unlawful to make such an offer or solicitation. Member affirms that you are acting as an individual and not on behalf of any other person, entity or authority. You declare that you are not a member, agent, informant, or employee of any kind of investigative, law enforcement, media, news, postal service or any other government agencies within any country. Member understands that each account which you purchase or sell are entirely your responsibility and that you have no claim whatsoever against CUMADA in the event that you are unable to sell or use the account which you have acquired. By opening an account with CUMADA, you agree not to hold CUMADA its managers, employees, agents, representatives, directors or others acting on its behalf liable for any losses you may incur. Indemnification and Hold Harmless. Member agrees to indemnify and hold harmless CUMADA, its officers, directors, employees, agents, affiliates and representatives from and against any claim, cause of action or demand, including but not limited to reasonable legal, accounting and other professional fees that may result from your use of our web site services or your breach of these Terms and Conditions. CUMADA will notify members of any such claim, suit or proceeding in a timely manner. Member acknowledges and agrees that, should any dispute with a third party result from or arise in connection with any use of this web site or CUMADA's services. Member will indemnify and hold harmless CUMADA its employee, representatives, agents or others acting on its behalf, from any liability resulting from any legal action, claim or dispute arising from our in connection with member's use of CUMADA's services under these Terms and Conditions. LIABILITY LIMITATIONS. Member understands and acknowledges that CUMADA has no control over the quality, safety or legality of the content or information submitted by users on this CUMADA web site. Because it is not feasible to authenticate users on the Internet; CUMADA cannot and does not verify or confirm that each User is, in fact, who he or she purports to be. Member agrees to release CUMADA, its agents, employees and affiliates from any or all claims, demands and damages, actual and consequential, direct and indirect, express and implied, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such any disputes between or among members of CUMADA web site and services. CUMADA shall not be responsible for any inaccuracies or typographical errors, and does not make any representation about the accuracy, reliability, completeness or timeliness of either our web site or the material contained on it. CUMADA expects and assumes that members will exercise caution and demonstrate common sense when using this CUMADA web site.· Any User of the CUMADA web site and its content does so at his or her own risk. The User is solely responsible for the content submitted on any and all forms or documents available to the User on the CUMADA web site. Although CUMADA make every effort to provide timely and accurate information, the law is constantly changing. Users of CUMADA services are solely responsible for the accuracy and correctness of all information they provide to complete any documents and forms on this CUMADA web site. In the unlikely event that any of the payment processors CUMADA recommends should close down, suspends CUMADA's account or issues a charge back, CUMADA is not responsible to any member for any loss the member may sustain. LIABILITY DISCLAIMER. Computer Software and Internet Communications Member agrees that CUMADA shall not be held responsible for late, lost, incomplete, illegible, misdirected or stolen email, unavailable network connections (cable or phone modem), failed, incomplete, garbled or delayed data transmissions, online failures, hardware, software or other technical malfunctions, disruptions or disturbances or any other communications failures or circumstances that may affect, disrupt or corrupt communications. · CUMADA assumes no responsibility, and shall not be held liable for, any damages to, or viral infection of, your computer system, network or other property on account of your access to, browsing of or use of our web site or the downloading of any materials, data, text, graphics, or other material. Any material that you download or otherwise obtain through our service or web site is done at your own risk and discretion. Member is solely responsible for any damage to member's computer system or any loss of data that may result from the downloading of such material. Under no circumstances, will CUMADA be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, savings, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability or otherwise, which may arise out of or in any way whatsoever connected to the use of or access to our web site content or services, any failure, delay or inability to use our service, cost of procurement of substitute services, unauthorised access to/alteration of your transmissions or data, statements or conduct of any third party on the service, whether or not we are advised of the possibility of such damages by you or another party. Member understands and agrees that CUMADA's entire liability, and member's exclusive remedy with respect to any services rendered by CUMADA under these Terms and Conditions and any breach of these Terms and Conditions, is solely limited to the amount member has paid to CUMADA for such services. WARRANTY DISCLAIMER. Except as explicitly provided in the Terms and Conditions of this Agreement, CUMADA makes no representations or warrantees of any kind, express or implied, concerning our web site and/or its materials, all of which are provided on an - as is, and - as available basis. CUMADA expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, as well as those arising by statute or otherwise in law or from a course of dealing or usage of trade. · No advice or information, either verbal or written, that member may obtain through CUMADA or our services shall create any warranty that is not expressly stated in these Terms and Conditions. BREACH, REVOCATION AND RIGHT OF REFUSAL. Failure to abide by any of the Terms and Conditions of this Agreement may be considered as a material breach of contract. In such case, CUMADA reserve the right to immediately terminate or deny Member the right to use CUMADA services. CUMADA reserves the right to cancel, deny or refuse service at our sole option and discretion in the event that a Member has supplied CUMADA with information which later proves to be false, misleading or that conceals or omits any details that could influence the services we provide to members. Member understands and agrees that CUMADA shall not be held liable for any losses or damages that may result from CUMADA's refusal to provide member with CUMADA services. CUMADA may act, at its sole discretion, with respect to member-submitted information that we deem necessary or appropriate if we believe it may result in potential liability for CUMADA or that it may cause CUMADA to lose, in whole or in part, the services of CUMADA's Internet Service Provider (ISP) or other suppliers. CHANGES, REVISIONS AND MODIFICATIONS.CUMADA reserves the right to revise these Terms and Conditions and change the services provided under this Agreement. Member agrees that any such revision or change will be binding and will take effect immediately upon posting. Member agrees that, by continuing to use CUMADA services following such notice Member undertakes to abide by such revisions and changes. PRIVACY OF USER INFORMATION. CUMADA is committed to protecting the privacy of our Members. · When using CUMADA's services Member's financial and other personal information is never passed on to third parties. · All information submitted to CUMADA on our web site is held in strictest confidence. Member hereby acknowledges that he/she has read CUMADA's Privacy Policy and that Member understand and agree to those terms. All communication between members and CUMADA is viewed as private communication of confidential information intended to be used by the communicating member. CUMADA requires members to keep all the communication private and not to disclose it to any third party unless this information is obviously of a public nature. By agreeing to our Privacy Policy the member gives consent for CUMADA to use your personal and financial information and information provided about other persons involved in the company for which Member seeks CUMADA services as set out in that Privacy Policy. We do not divulge Member's account information unless requested by a court of law. ANTI-SPAM POLICY. CUMADA does not tolerate spam in any form. Member understands that CUMADA considers spamming by a Member to be a breach of these Terms and Conditions, and will result in Member's account being frozen by CUMADA. Any Member who receives SPAM from a CUMADA Member should report this to CUMADA immediately. If it is proven that the Member has engaged in spam activity CUMADA will freeze that Member's account. Members are prohibited from engaging in any activity that violates or attempts to violate the security of this CUMADA web site, including (but not limited to): accessing data not intended for your use; logging into servers or accounts for whose use you are not authorised; trying to probe, test or scan the system or network's vulnerability or to breach security measures or authentication procedures without authorisation; attempting to interfere with service to any user, host or network, including (but not limited to) via means of submitting a virus, worm, or any other software, overloading the system, crashing or spamming; sending unsolicited email, including promotions/ advertisements of products or services; falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting or impersonating someone else. Members are further prohibited from using any software, device, search engine or other action that may interfere with the proper functioning of this web site or any business activity being conducted on it. · Any security violations of our computer and internet system or network can result in civil or criminal prosecution. CUMADA will investigate and/or report any or all such occurrences to the proper law enforcement authorities and co-operate fully with them in prosecuting Members who perpetrate or participate in such violations. Anyone engaging in such prohibited activity shall be held responsible and liable for any and all damages that may result from such prohibited activity to CUMADA and any of its employees, agents or representatives; any other Member of the CUMADA web site or other parties that may be adversely affected by such prohibited activity. SEVERABILITY. In the event that any provision of these Terms and Conditions is determined to be unenforceable, invalid, unlawful or void, by any court having competent jurisdiction, then said provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. GOVERNING LAW AND CONSENT TO JURISDICTION. This Agreement and its performance are governed by the laws of the country of England. User hereby consents and submits to the exclusive jurisdiction of the Courts of England to resolve all disputes that may arise out of or is related to the use of CUMADA under this Agreement. ENTIRE AGREEMENT. These Terms and Conditions constitute the entire agreement between the Member and CUMADA. |
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