Welcome to cvmsolutions.com! The cvmsolutions.com website and any services of CVM Solutions LLC (“CVM”) available via this website (the “Site”) are provided subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms of Use.

These Terms of Use are in addition to the terms and conditions of the Master Subscription Agreement or any other agreement between you and CVM. However, in the event of any conflict between these Terms of Use and either the Master Subscription Agreement or such other agreements, the Master Subscription Agreement and/or such other agreements, shall control and take precedence.

CVM reserves the right to make changes at any time to the Site or these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

Use of the Site

The Site may include information regarding CVM and its services, publications, presentations and directories proprietary to CVM, and links to other CVM-owned or third party websites. You may download, view, copy and print information, materials and any other aspect of this Site to which you have permitted access (i) solely for your personal informational or internal business purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.

You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the account or computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Site.

You agree to access the Site only through a web browser, and specifically agree not to use any third party applications to access the Site or any other page of the Site. In addition, you agree not to access or attempt to access any password-protected portions of the Site without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site, without the prior written permission of CVM. In addition, you agree not to link to any page of the Site other than the home page located at www.cvmsolutions.com.

Unauthorized Use of the Site

CVM reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to: unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; action that imposes an unreasonable load on the Site; or any link to any page of the website other than the home page. CVM’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of these Terms of Use or CVM’s legal rights.

Privacy

The terms of the CVM Privacy Statement are hereby incorporated as part of these Terms of Use.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CVM MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CVM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, CVM MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL CVM OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF CVM OR ITS AFFILIATES (THE “CVM PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES IN CERTAIN CIRCUMSTANCES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the CVM Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) use of the Site or any content, information, materials or services contained, displayed or available therein by you or any other person accessing the Site under any password, user ID or other access method assigned to you; (ii) your violation of these Terms of Use; or (iii) your violation of any rights of any third party.

Trademarks and Copyrights

The “CVM Solutions” word name, “CVM Solutions” word name and logo and certain other marks displayed on our Site are the proprietary service marks or trademarks of CVM or its licensors (“CVM Marks”). CVM Marks may not be used in connection with any product or service that is not CVM’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit CVM. All other trademarks and service marks not owned by CVM or its licensors that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CVM. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner.

All content on this Site, including, but not limited to, works of authorship, publications, presentations, directories, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site are the property of CVM or its licensors and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of CVM or any other person.

Links to Other CVM-Owned Sites/Third Party Sites

CVM may provides links on the Site to other CVM-owned websites. The use of such other CVM-owned websites, and privacy policies related thereto, may be governed by separate terms and conditions of use and privacy statements, which can be found at those websites.

You acknowledge that, from time to time, CVM may provide links to the websites of third parties. CVM is not responsible for the content of any linked site which is not owned by CVM, or any link contained in a linked site. The display of any link to a third party website does not imply endorsement by CVM of the linked site or any information or content therein.

IN NO EVENT WILL CVM BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, RELIANCE ON ANY INFORMATION OR ADVERTISEMENT DISPLAYED ON, OR PURCHASE FROM, ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.

Feedback

All comments or feedback which is solicited by or provided to CVM regarding your experiences with, preferences for, opinion of or suggestions regarding this Site (collectively, “Feedback”) shall be considered non-confidential and CVM’s property. By submitting such Feedback to CVM, you agree that you assign to CVM, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that CVM shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.

CVM Does Not Endorse Comments of Users

CVM does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, statements or content of third parties displayed on or transmitted via the Site (“Third Party Content”). Any Third Party Content placed on the Site are the views and responsibility of those who post the statements, and do not necessarily represent the views of CVM.

Modification or Discontinuance of the Site by CVM

At any time, without notice to you, and for any or no reason, CVM may modify or discontinue the Site. CVM shall in no way be held liable for any consequence which results from CVM’s decision to modify or discontinue providing the Site.

Denial of Access

CVM may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.

Governing Law

The laws of the State of Illinois will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the Site shall be brought in state or federal court in Chicago, Illinois, and you consent to the jurisdiction of such courts.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. CVM’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless CVM agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and CVM with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and CVM with respect to such subject matter.

Contact

If you have any questions relating to these Terms of Use, the Site or CVM, please contact: legal@cvmsolutions.com.

Notice and Procedure for Making Claims of Intellectual Property Infringement

CVM respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide CVM the written information specified below. Please note that this procedure is exclusively for notifying CVM that your intellectual property rights have been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
• A description of the intellectual property right that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

CVM’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:

Intellectual Property Agent CVM Solutions LLC
1815 South Meyers Road
8th Floor
Oakbrook Terrace, IL 60181
Phone: 630-629-5800
Fax: 630-629-5880
e-mail: legal@cvmsolutions.com