Terms & Conditions
Last Updated: July 29, 2014
Contractor Management Services, LLC (“CMS”) is a company that provides business processing services to its clients and services for the administration and processing of settlements to independent contractors who have a contractual relationship with a CMS client. CMS makes certain System Resources available through an online platform known as ICMPower located at the domain https://icm.ictherightway.com (“Website”).
The Website is available only to, and may only be used by, individuals who are at least 18 years of age and can form legally binding contracts under applicable law. By using this Website, you represent and warrant that you are at least 18 years old. We may, in our sole discretion, refuse to offer access to or use of our Website to any person or entity at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
Use of Website
You may use the Website solely in connection with the intended purpose and use of the Website and, in any event, for lawful purposes only. You are solely responsible for your conduct and activities on the Website. You agree not to take any action that might affect the security of the Website, render the Website partially or wholly inaccessible to others or otherwise negatively alter or damage the Website and you agree not to use the Website in any manner that might interfere with the rights of our end users or any third parties.
You shall not:
- access or use the Website if you are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or permanently suspended from using the Website;
- copy, reproduce, modify, distribute, or publicly display the CMS Content or content from the Website or create derivative works from any such content or the CMS Content, unless agreed to in writing by CMS;
- infringe upon CMS’ or any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity;
- engage in activities that are defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any end user (including CMS’ employees), or falsely state or otherwise misrepresent your affiliation with any person;
- provide false, inaccurate or misleading information;
- engage in fraudulent activities;
- transmit code that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
- interfere or attempt to interfere with the functionality or proper working of the Website or our System Resources;
- take any action that imposes an unreasonable or disproportionately large amount of information or data on the Website or that adversely affects our ability to operate the Website or our System Resources as determined solely by us;
- use any robot, spider, scraper or other automated means to access the Website or our System Resources for any purpose whatsoever without our express written permission;
- bypass, disable, or otherwise tamper with any robot exclusion headers or other security measures used to prevent or restrict access to the Website or our System Resources,
- reverse engineer, modify, adapt or hack the Website;
- create a website so as to falsely imply that it is associated with CMS;
- interfere with CMS’ relations with third party providers such as ISPs, suppliers and vendors; and/or
CMS does not warrant or guarantee continuous, uninterrupted, timely, secure or error-free access to or use of the Website or any services provided on the Website. You may experience interruptions to the operation or functionality of the Website for many reasons including reasons outside of our control. CMS does not warrant or guarantee that any defects or bugs will be corrected.
CMS owns all right, title and interest in and to the names Contractor Management Services, CMS owns or has all rights to (a) the Website and the domain name, (b) all proprietary and intellectual property on the Website including without limitation, all trade names, taglines, trademarks, service marks, copyrights, and patents, (c) all software, codes, technology, and functionality used for, by, or to enable, the Website and/or the System Resources, (d) all documents, information, manuals, and publications and all updates, new versions and derivatives on or produced by the Website, the System Resources, or CMS in electronic form or hard copy, and (e) all text, designs, graphics, pictures, images, and information on the Website (collectively, the “CMS Content”), all of which is protected by state and federal laws, including, but not limited to, United States copyright laws, patent laws, trademark laws, and international treaties. The CMS Content may not be used in any manner that is likely to cause confusion including, without limitation, as part of your business, your trademarks, service marks, trademarks, domain names, or email address, or otherwise in connection with your products or services except as expressly permitted in writing by an authorized officer of CMS.
Changes to Website
CMS PROVIDES THE WEBSITE AND ALL SYSTEM RESOURCES ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CMS SPECIFICALLY DISCLAIMS, TO THE FULL EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, TIMELINESS, CORRECTNESS, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND THE SYSTEM RESOURCES. NO STATEMENT WHETHER VERBAL OR IN WRITING OBTAINED BY YOU FROM CMS WILL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES THEREFORE, IN SUCH STATES ANY IMPLIED WARRANTY IS HEREBY LIMITED IN DURATION TO THE PERIOD REQUIRED BY SUCH APPLICABLE LAW. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation on Liability
CMS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL AND/OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, OR USE, OR LOSS OF ANY OTHER ECONOMIC ADVANTAGE), WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED TO, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON, USE OF, IMPROPER USE OF, OR INABILITY TO USE THE WEBSITE, AND/OR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, WHETHER OR NOT CMS HAS BEEN ADVISED OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OF WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CMS’ WARRANTIES ARE EXCLUDED AND ITS LIABILITY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW WHICH SHALL NOT, IN ANY EVENT, EXCEED $100.00.
YOU RELEASE CMS FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) YOUR USE OF THE WEBSITE, (B) THE USE OF THE WEBSITE BY OTHERS, AND (C) YOUR ACTIONS, INACTIONS, AND/OR OMISSIONS AND THOSE OF OTHER END USERS OF THE WEBSITE.
By using the Website, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.
Choice of Law
If you have a problem with the Website, then please contact us at 800-742-7508 to report the problem. Notices to us shall be sent by first class U.S. postal mail to: Contractor Management Services, LLC, Attn. Risk Management, 20430 N 19th Ave Suite 230 Phoenix, Arizona.