Terms of Use

These Terms of Use (the “Terms”) apply to the website operated by the Cumming Management Group, Inc. (“Cumming Group”, “we”, “our” or “us”), www.cumming-group.com, and its associated content; and to any other websites and their content which link to these Terms and are owned, operated, or maintained by Cumming Group or its affiliates (the “Website”). These Terms are an agreement between the user (“you”) and Cumming Group and govern your use of the Website that you have accessed.

By accessing the Website, the pages or content contained on the Website, any services, information, tools, or other material contained or described herein, and/or contacting our personnel or otherwise interacting with us (collectively, the “Services”), you acknowledge your agreement with, and understanding of, the following Terms. These Terms may change from time to time (see the “Changes to Our Terms of Use” section in these Terms). Your continued use of the Website or Services after we make changes is deemed to be acceptance of those changes, so please check these Terms periodically for updates.

Remember that your use of the Services is at all times subject to our Privacy and Cookie Policies, which incorporate these Terms. To understand how and what information we collect, and how we may use or disclose such information, please carefully read our Privacy and Cookie Policies. By using our Website, you acknowledge that you have read our Privacy and Cookie Policies and consent to our privacy practices. You further affirm your consent by becoming a registered user or submitting content or materials to, or through, our Website or Services.

PLEASE READ THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY, THE INDEMNIFICATION, AND THE DISPUTES; GOVERNING LAW; JURISDICTION; CLASS ACTION AND JURY TRIAL WAIVER SECTIONS BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING CUMMING GROUP, THESE TERMS, OR OUR PRIVACY POLICY, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION OR TO HAVE A TRIAL BY JURY, AND MANDATORY ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE.

YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE WEBSITE OR SERVICES.

Ownership of Site, Trademarks, Copyrights, Prohibited Uses

Cumming Group and/or its affiliates own, operate, and maintain the Website and/or its associated Services.

Cumming Group along with other trademarks and/or service marks displayed on the Website or through the Services are the registered and/or unregistered trademarks and service marks of Cumming Group or its affiliates. Except where otherwise noted, Cumming Group hereby claims copyright ownership over all material available on the Website or through the Services. Cumming Group hereby reserve all rights with respect to copyright ownership over all material featured on the Website or through the Services, whether or not registered, along with trademark ownership over all trademarks and/or service marks, whether or not registered, displayed on the Website or through the Services. Cumming Group will enforce such rights to the full extent of applicable law.

Nothing on the Website or Services shall be construed as granting any license or right to use any image, video, trademark, service mark, or logo. Downloading, copying, or printing individual pages and/or parts of the Website is allowed for personal, non-commercial use only, and will not transfer title to any software or material on the Website or Services to you. You must not reproduce, distribute, reverse engineer, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or Services except as generally and ordinarily permitted through the Website according to these Terms. You must not access or use any part of the Website, any of the Services, or any materials available thereon for any commercial purposes. Explicit attribution to Cumming Group must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication, or distribution of material requires the express consent of Cumming Group.

We reserve the right, in our sole discretion, to deny or suspend use of the Website or Services to anyone for any reason or no reason at all. You agree that you will not, and are prohibited from:

• Using the Website and/or Services in any manner which could damage, disable, overburden, or impair the Website or Services (or the network(s) connected to the Website or Services) or otherwise interfere with any other party’s use and enjoyment of the Website or Services;
• Attempting to gain unauthorized access to the Website, Services, other accounts, computer systems, or networks connected to the Website or Services, whether through hacking, password mining, or any other means;
• Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Website or Services;
• Framing or utilizing framing techniques to enclose any trademark, service mark, logo, or other proprietary information (including images, text, page layout, or form) of Cumming Group and/or its affiliates without express written consent of Cumming Group;
• Using any meta tags or any other “hidden text” utilizing Cumming Group’s name, trademarks, or service marks without the express written consent of Cumming Group;
• Removing or modifying any proprietary notice, copyright notice, trademark or service mark legend, author attribution, or other notice placed on or contained within any of the Website or Services, or any content thereon, or otherwise attempting to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Website or Services;
• Decompiling, deciphering, disassembling, translating, modifying, reverse engineering, or otherwise attempting to access the source code of the Website or Services, except where permitted by law notwithstanding this limitation;
• Uploading to the Website or Services the personal information of others that you are not authorized to provide;
• Providing any content, data, or information to Cumming Group that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
• Using the Website or Services in a way that suggests you are a representative of Cumming Group or its affiliates;
• Using the Website or Services as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Website or Services;
• Infringing or misappropriating the intellectual property, proprietary, or privacy rights of any third party;
• Interfering with or disrupting the proper functioning of the Website or Services, or otherwise Cumming Group’s or any third party’s systems used to host the Website or Services, or any other equipment or networks used to provide the Website or Services;
• Communicating any content located on the Website or Services to the public, which shall include providing or making available any links, hypertext (Universal Resource Locator (URL) address), or otherwise granting access (other than a “bookmark” from a web browser) to the Website or Services, or any part thereof;
• Circumventing the user authentication or security of the Website or Services, or any host, network, or account related thereto;
• Using any application programming interface to access the Website or Services;
• Making any use of the Website or Services that violates any applicable local, state, national, international, or foreign law including United States and foreign export regulations and restrictions;
• Failing to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Website or Services;
• Allowing any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s), and/or user keys) issued to, or selected by, Cumming Group for someone other than the individual identified in the account information; and
• Causing damage to Cumming Group’s business, reputation, employees, members, affiliates, facilities, or to any other person or legal entity.

Any use which violates these Terms gives Cumming Group the right (without notice or liability) to revoke the aforementioned license, or to refuse, restrict, terminate, or discontinue your access to the Website and/or Services (or any portions, components, or features of the Website and/or Services).

Accuracy of Information

Whilst we make every effort to ensure that the information on the Website and/or Services is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on the Website or Services, or any liability with respect to information on the Website or Services supplied by you, any other website user or any other person.

Termination

We may deny you access to the Website, Services, or any part of thereof (including any services, content, or other information available on or through the Website or Services) at any time in our absolute discretion and without any explanation or notification.

Electronic Notices and Communications, Personal Information, and Opt-Outs

By visiting our Website or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that: (a) we may communicate with you electronically by email, or as appropriate, by posting general notices on our Website or Services; (b) all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and (c) any notices are deemed to be given and received on the date we transmit any electronic communication as described above.

Your submission of personal information to Cumming Group, or otherwise through the Website or Services is governed by Cumming Group’s Privacy Policy, which you can access via the following link: https://cumming-group.com/privacy-policy/

You agree that we, or third parties acting on our behalf may send you emails regarding important information regarding your use of the Website or Services, along with other electronic communications as detailed in these Terms, the Privacy Policy, and our Cookie Policy. While using the Website or Services, if you agree to receiving promotional materials from Cumming Group, or from another platform that partners with Cumming Group, then you will be deemed to have acknowledged, agreed, and consented to Cumming Group’s use of your personal information and data for that purpose, subject to our Privacy Policy.

You may opt out of receiving newsletters and other promotional messages at any time by clicking the unsubscribe link on the email, but you may not opt-out of receiving important items regarding use of the Website and/or Services, as further detailed in our Privacy Policy.

User Comments, Feedback, and Other Personal Information and Submissions

All submissions, comments, feedback, bug reports, suggestions, ideas, content, and other communications submitted to Cumming Group through the Website or Services (collectively, “Submissions”) shall be and remain Cumming Group’s property with all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Submissions hereby being assigned to Cumming Group by you.

We may, but have no obligation to, monitor, edit, or remove Submissions that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property rights or these Terms. You represent and warrant that your Submissions will not (a) violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right, (b) contain libelous or otherwise unlawful, abusive or obscene material, or (c) contain any computer virus or other malware that could in any way affect the operation of the Website or Services. Moreover, if you provide us with any personal information relating to another individual, whether via Submissions or otherwise, then you represent and warrant that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you provide and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

No Warranty; No Liability

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUMMING GROUP AND ITS AFFILIATES MAKE NO WARRANTY THAT ACCESS TO THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VIRUSES OR OTHER HARMFUL COMPONENTS WILL NOT BE TRANSMITTED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. CUMMING GROUP AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR REGULATION, ALL WARRANTIES, WHETHER EXPRESS, STATUTORY, OR IMPLIED, REGARDING THE WEBSITE AND/OR SERVICES, AND ANY RESULTS TO BE OBTAINED FROM THE USE OF THE WEBSITE AND THE SERVICES, ALONG WITH ITS CONTENTS, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, AND/OR USAGE OF TRADE OR THEIR EQUIVALENTS UNDER THE APPLICABLE LAWS AND/OR REGULATIONS OF ANY JURISDICTION. CUMMING GROUP AND ITS AFFILIATES DO NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS, SUITABILITY, COMPLETENESS, OR AVAILABILITY OF THE WEBSITE OR SERVICES OR THE INFORMATION OR RESULTS OBTAINED FROM USE OF THEREOF.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CUMMING GROUP OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF ANY OF THE WEBSITE OR OUR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR SERVICES, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF CUMMING GROUP OR ITS AFFILIATES KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CUMMING GROUP’S, AND ITS AFFILIATES’, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CUMMING GROUP OR ITS AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO CUMMING GROUP’S OPERATION OF OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED $100.

Governing Law; Jurisdiction; Class Action and Jury Trial Waiver; Mandatory Arbitration

CUMMING GROUP – US residents

If you are a person resident in the United States of America, you agree that all matters relating to the Terms and your access to or use of our Website and Services, including all disputes, are governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws rules.

CUMMING GROUP – all other residents

If you are a person resident anywhere other than the United States of America, you agree that all matters relating to the Terms and your access to or use of our Website and Services, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with each of them or their subject matter or formation are governed by and interpreted in accordance with the laws of England and Wales.

IN ADDITION, EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW: (I), IF YOU ARE A PERSON RESIDENT IN THE UNITED STATES OF AMERICA, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK, UNITED STATES OF AMERICA; (II) IF YOU ARE A PERSON RESIDENT ANYWHERE OTHER THAN THE UNITED STATES OF AMERICA YOU ALSO AGREE TO SUBMIT TO THE NON-EXCLUSIVE JURISDICTION AND VENUE OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK, UNITED STATES OF AMERICA. FURTHER, IN ANY INSTANCE IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS OR YOUR ACCESS TO OR USE OF OUR WEBSITE AND SERVICE, YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON.

The terms of this section apply to all disputes, even if the actions or relationship giving rise to such disputes occurred prior to this version of the Terms (or such modification). However, the provisions of this section do not apply to any dispute as to which you have personally initiated a lawsuit or arbitration prior to agreeing to these Terms.

We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of our Website, Services, or content thereon. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations as described below, which shall be a precondition to you initiating a lawsuit or arbitration against us (“Informal Dispute Resolution Process”). If you have a dispute with us, you must send an individualized, written notice describing the dispute to us via email to dhaynes@cumming-group.com. If we have a dispute with you, we will send a written notice to you using the contact information we have for you.

Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any dispute covered by these Terms. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Process required by this section.

Any matter or dispute relating in any way to your use of the Website, Services, or these Terms, which is not so resolved within sixty (60) days of the opposing party receiving the notice shall be submitted to binding confidential arbitration as provided below.

Failure to complete the Informal Dispute Resolution Process is grounds for dismissal of any arbitration, described below. If a party brings an arbitration as described below without following the Informal Dispute Resolution Process, the arbitration shall be dismissed, and such party is required to pay any reasonable costs and fees of the other party.

Excluding claims by us for injunctive or other non-monetary relief, any claims related to the Website or Services, and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms, shall be brought on an individual basis and shall be resolved by final and binding arbitration before an arbitrator mutually selected by the parties. The arbitrator must have experience with the subject matter of the dispute and be a former federal or state court judge. The parties intend the Federal Arbitration Act (“FAA”) to apply to ensure enforcement of this arbitration agreement.

The parties will meet and confer in good faith to select an arbitrator. For purposes of this section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. If, after sixty (60) days of good faith meet and confer efforts, the parties are unable to agree on an arbitrator, either party may petition the state and/or federal courts in New York to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.

The arbitration shall be governed by the laws applicable to the Terms and by the JAMS Inc. Streamlined Arbitration Rules and Procedures. The selection of the JAMS Streamlined Arbitration Rules and Procedures does not mean that the arbitration will be administered by JAMS.

The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, subject to the governing law and venue provisions in these Terms, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

The arbitration shall take place in New York or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested. If the party seeking arbitration fails to appear at the administrative conference regardless of whether such party’s counsel attends, the arbitrator will administratively close the arbitration proceeding without prejudice, unless such party shows good cause as to why they were not able to attend the conference. You and we agree that the party initiating arbitration must submit a certification to the arbitrator that they have complied with and completed the Informal Dispute Resolution Process requirements referenced above and that they are a party to the arbitration agreement enclosed with or attached to the demand for arbitration. The arbitrator is authorized to impose any sanctions under the JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel. Except as expressly provided in this arbitration agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

If the arbitrator finds that the costs and fees of an arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous, brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or asserted in bad faith. If we initiate an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law). Except as provided herein, the parties shall bear their own attorneys’ fees and costs in any arbitration.

INDEPENDENT OF ANY AGREEMENT TO ARBITRATE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. Additionally, in any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to reasonable attorneys’ fees, court costs, and disbursements.

Links to Other Website / Content of Other Provider

The Website or Services may link to or integrate with other websites operated or content provided by third parties, and such other third-party websites may link to the Website. We have no control over any such third-party websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites, or the operators of the websites. Therefore, any opinions, statements, services, or other information expressed or made available by third-party suppliers on Cumming Group’s Website are those of such third-party suppliers. We do not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the content displayed on our Website or Services, or any other referenced content or service providers will not infringe rights of third parties not owned by or affiliated with us. All disclaimers and other notices associated with such materials shall apply and supplement these Terms as to the individual content. We are providing these links to you only as a convenience. You release and hold Cumming Group and their affiliates harmless from any and all liability arising from your use of any third-party website or service.

Changes to Our Terms of Use

We reserve the right at any time to modify or discontinue the Website or Services (or any part or content thereof) without notice at any time. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website or Services (or any part thereof).

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies any user rights or obligations, we will endeavor to post notice of the modification on the Website or Services for a reasonable period of time. Any disputes concerning or related to the Website or Services will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

The date these Terms were last revised is identified below.

(Latest Update: November 5, 2024).

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR WEBSITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITE OR SERVICES.

THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to our Website or Services, or otherwise block your future access to our Website or Services for any reason.

You agree that any violation, or threatened violation, by you of these Terms will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.

These remedies are in addition to any other remedies we may have at law or in equity.

Indemnity

You agree to indemnify, defend, and hold harmless Cumming Group and its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your violation of these Terms, the documents they incorporate by reference, or any applicable law, (b) your violation of the rights of a third party, (c) your access to or use of the Website or Services, (d) any dispute or issue between you and any third party concerning the Website or Services; and (e) all claims pertaining to the Website or Services, or your use thereof that arise from, or otherwise allege, negligence, fraud, or intentional misconduct committed by you. Without limiting the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS.

Contract Interpretation

These Terms, accepted by you upon use of our Website or Services, and further affirmed by becoming a registered user or submitting content or materials to or through our Website or Services, constitutes the entire agreement between you and us regarding the use of our Website or Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

All parts of these Terms apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of this contract will not affect the validity and enforceability of the remaining provisions.

Contact Information

This site is offered by Cumming Group. You may contact us by emailing us at info@cumming-group.com. You may also contact us by writing to:

Cumming Management Group Inc.
276 Post Road West 2nd Floor

Westport, CT 06880