Terms of Use
The Cash Flow Management web site at www.cfmcollect.com ("Site") is
owned by Cash Flow Management, Inc. (CFM). This Site is operated by CFM and
CFM owns materials on the Site. The Site may also include materials displayed
by third parties and posted on the Site by virtue of a license, grant or some
other form of agreement between the third party and CFM.
CFM has
created this Site for business purposes and education. However, you are
authorized to access this Site or to use the materials contained in the Site
(regardless of whether your access or use is intended) only if you agree to
abide by all applicable laws, and to these Terms of Use that constitute an
Agreement between you and CFM. Please read these Terms of Use carefully and
save them. If you do not agree with them, you should leave this Site
immediately. Any questions or comments regarding this Site should be sent to
the Site Administrator at info@cfmcollect.com.
CFM reserves the right to modify or amend this Agreement without notice at any
time. It is therefore important that you read this page regularly to ensure
you are updated as to any changes. If
you become aware of misuse of this Site by any person, please contact the Site
Administrator with your concerns.
Access
and Use
All materials contained in this Site are protected by trademark and copyright
laws and must only be used for personal purposes. This means that
you may only view or download material from this Site for your own use and you
must keep all copyrighted and other proprietary notices attached to the
downloaded material. The reproduction, duplication, distribution
(including by way of email, facsimile or other electronic means), publication,
modification, copying or transmission of material from this Site is STRICTLY
PROHIBITED unless you have obtained the prior written consent of CFM. The
material covered by this prohibition includes, without limitation, any text,
graphics, logos, photographs, audio or video material or stills from audiovisual
material available on this Site. The use of materials from this Site to any
other web site or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site
can be made by contacting CFM in writing at:
Legal
Department - Web
Cash Flow Management
You
are also strictly prohibited from creating works or materials that derive from
or are based on the materials contained in this Site including, without
limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line
postcards and greeting cards and unlicensed merchandise. This prohibition
applies regardless of whether the derivative materials are sold, bartered or
given away.
Communication
You are welcome to post, transmit or submit messages and other materials (which
include uploading files, inputting data or any other materials or engaging in
any form of communication in connection with this Site) (collectively "Messages")
to virtual private networks, or other areas within, or in connection with, this
Site (collectively "Forums"). However, CFM accepts no
responsibility whatsoever in connection with or arising from such Messages. In
addition, children under the age of 18 are not authorized to post messages or
participate in Forums on this site. CFM has no control over the content of
Messages submitted to Forums. Messages submitted to Forums are not necessarily
reviewed by CFM prior to receiving and/or posting and content may not
necessarily reflect the opinions or policies of CFM. CFM makes no warranties,
express or implied, as to the content of the Messages in the Forums or the
accuracy and reliability of any Messages and other materials in the Forums.
Nonetheless, CFM reserves the right to prevent you from submitting Materials to
Forums and to edit, restrict or remove such Messages for any reason at any time.
CFM
assumes no responsibility for actively monitoring Forums for inappropriate
Messages. If at any time CFM chooses, in its sole discretion, to monitor the
Forums, CFM nonetheless assumes no responsibility for the content of the
Messages, no obligation to modify or remove any inappropriate Messages, and no
responsibility for the conduct of the user submitting any Message. In submitting
Messages to Forums, you agree to strictly limit yourself to the subject matter
for which the Forums are intended. You agree that CFM accepts no liability
whatsoever if it determines necessary to prevent your Messages from being
submitted or if it edits, restricts or removes your Messages. You agree to
protect your CFM-provided username(s) and password(s) by not permitting your
user of this Site to use, store or reproduce username(s) and password(s) for
Site access for purposes outside your business use.
You agree to submit to CFM in writing a list of users authorized to
access this Site under your username(s) and password(s), and keep this list
current with CFM. You also
understand the importance of security and agree to assist with periodic security
updates and evaluations, including but not limited to username(s) and password(s)
changes.
You
agree and warrant that you will not submit Messages to Forums that::
• Are unlawful, threatening, obscene, vulgar, pornographic,
profane or indecent including any communication that constitutes (or encourages
conduct that would constitute) a criminal offense, gives rise to civil liability
or otherwise violates any local, state, national or international law;
• Violate the copyright, trademark or other intellectual
property rights of any other person. By submitting Messages to Forums, you
represent to CFM that you are the rightful owner of such material or that you
have first obtained permission to submit the material from the rightful owner;
• Improperly assume or claim the identity, characteristics
or qualifications of another person
• Are for purposes of spamming
• Contain any virus or other harmful component
• Are libelous, or an invasion of privacy or publicity
rights or any other third party rights; or
• Are for commercial purposes by contain advertising or are
intended to solicit a person to buy or sell services or to make donations.
You
agree that any Message whatsoever submitted by you becomes the property of CFM
and may be used, copied, adapted, transmitted, distributed, published, displayed
or deleted as CFM sees fit within the parameters of our business relationship.
You agree to indemnify and release CFM, and its affiliates together with their
respective employees, agents, officers, directors and shareholders, from any and
all liability and obligations whatsoever in connection with or arising from your
use of Forums. If at any time you are not happy with the Forums or object to any
material within Forums, your sole remedy is to cease using them.
Employment
Opportunities
CFM may, from time to time, post CFM-based employment opportunities on the Site
and/or invite users to submit resumes to it. If you choose to submit your name,
contact information, resume and/or other personal information to CFM in response
to employment listings, you are authorizing CFM to utilize this information for
all lawful and legitimate hiring and employment purposes. CFM also reserves the
right, at its sole discretion, to forward the information you submit to
subsidiaries and affiliates for legitimate business purposes. Nothing in these
Terms of Use or contained in the Site shall constitute a promise by CFM to
interview, hire or employ any individual who submits information to it, nor
shall anything in these Terms of Use or contained in the Site constitute a
promise that CFM will review any or all of the information submitted to it by
users.
Linked
Sites and Advertising
If you are interested in creating hypertext links to this Site, you must contact
Legal Department – Web,
Cash Flow Management,
If
CFM has provided links or pointers to other web sites, no inference or
assumption should be made and no representation should be implied that CFM is
connected with, operates or controls these web sites. CFM is not
responsible for the content or practices of third party web sites that may be
linked to this Site. This Site may also be linked to other web sites operated by
companies affiliated or connected with CFM. When visiting other web sites,
however, you should refer to each such web site's individual "Terms of
Use" and not rely on this Agreement. CFM takes no responsibility for
third party advertisements that are posted on this Site, nor does it take any
responsibility for the goods or services provided by any advertiser.
Disclaimer
of Liability and Warranties
While CFM does its best to ensure the optimal performance of the Site, you agree
that you use this Site and rely on material contained in this Site at your own
risk. The Site, and all materials in this Site, are provided "as
is" and, to the fullest extent permitted by law, are provided without
warranties of any kind either express or implied. This means, without
limitation, that CFM DOES NOT WARRANT that the Site is fit for any particular
purpose; that the functions contained in the materials in the Site will be
uninterrupted; that defects will be corrected; that the Site is free of viruses
and other harmful components or that the Site is accurate, error free or
reliable. You acknowledge that CFM and third party content providers, their
parents and affiliates together with their respective employees, agents,
directors, officers and shareholders, ARE NOT LIABLE for any delays,
inaccuracies, failures, errors, omissions, interruptions, deletions, defects,
viruses, communication line failures or for the theft, destruction, damage or
unauthorized access to your computer system or network. You acknowledge
that CFM is not liable for any defamatory, offensive or illegal conduct or
material found in connection with this Site, including such conduct or material
transmitted by any means by any other person. You acknowledge that CFM and
third party content providers are not liable for any damages, including, without
limitation, direct, incidental, special, consequential or punitive damages, in
connection with or arising from your use or from your inability to use the Site.
Indemnity
You agree to defend, indemnify and hold harmless CFM, its parents and affiliates
together with their respective employees, agents, directors, officers and
shareholders, from and against all the liabilities, claims, damages and expenses
(including reasonable attorney's fees and costs) arising out of your use of this
Site; your failure to use the Site; your breach or alleged breach of this
Agreement or your breach or alleged breach of the copyright, trademark,
proprietary or other rights of third parties.
Termination
CFM reserves the right to immediately terminate your use of, or access to, this
Site at any time if CFM decides at its sole discretion that you have breached
this Agreement or any relevant law, rule or regulation or you have engaged in
conduct that CFM considers to be inappropriate or unacceptable.
Copyright
Infringement
If you believe that any material contained in this Site infringes your
copyright, you should notify CFM of your copyright infringement claim in
accordance with the following procedure. CFM will process notices of
alleged infringement that it receives and will take appropriate action as
required by the Digital Millennium Copyright Act ("DMCA") and
other applicable intellectual property laws. The DMCA requires that
notifications of claimed copyright infringement should be sent to this Site's
Designated Agent:
Legal
Department - Web
Cash Flow Management
Telephone:
(503) 774-1399
E-mail: info@cfmcollect.com
The
notification must be in writing and contain the following information (DMCA, 17
U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material;
4. Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining party may
be contacted;
5. A statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
6. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
Other
This Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions. This Agreement is governed by, and
construed in accordance with, the laws of the State of