Terms of Use
Welcome to C2M.net!
Thank you for using our product and service (“Service”). C2M.net the Site and the Service is provided by Plasma Business Intelligence Inc. (“Plasma,” “we,” or “us”), located at 3010 LBJ Freeway, Dallas, TX 75234, United States.
By using the website C2M.net (the “Site”) you agree to be bound by these terms of use (the “Terms of Use” or “TOU”). If you disagree with any of the terms below, you will not have a right to use the Service. The individual who accepts these terms and conditions, must be aged 18 years or older. You certify that you are legally permitted to use the Service and access the Site, and take full responsibility for the selection and use of the Service and access of the Site.Plasma reserves the right, at its discretion, to update and change, from time to time, these Terms of Use. Plasma may change these Terms of Use by posting a new version on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service after such change constitutes acceptance of such changes.
Using the Service
Subject to the terms and conditions of this TOU, Plasma may offer to provide the Service, as described more fully on the Site, solely for your own use, and not for the use or benefit of any third party. The Service shall include, but not be limited to, any services Plasma performs for you, as well as the offering of any materials displayed or performed on the Site or the Service (including, but not limited to text, graphics, images, illustrations, audio clips and video clips, also known as the “Content”). Plasma may change, suspend or discontinue the Service including any Content for any reason, at any time, including the availability of any feature, database, or content. Plasma may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Don’t misuse our Site or our Service. For example, don’t interfere with our Site or our Service or try to access them by using a method other than the interface and the instructions that we provide. You may use our Service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Site and/or our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Site or our Service does not give you ownership of any intellectual property rights in our Site or our Service or the content you access. You may not use content from our Site or Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Site or Service. Don’t remove, obscure, or alter any legal notices displayed in or along with our Site or Service.Our Site displays some content that does not belong to Plasma. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or any applicable law. But that does not necessarily mean that we review all content, so please don’t assume that we do. You acknowledge that some content of other users may be deemed offensive, libelous or defamatory by you—however, Plasma disclaims any and all liability for reviewing such content and is not responsible for any content that you may find offensive, libelous or defamatory (or any damages relating thereto).
Plasma will use reasonable efforts to ensure that the Site and Service are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Plasma to minimize such disruption where it is within Plasma’s reasonable control. You agree that Plasma will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site or the Service.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Service, including, without limitation, mobile phones, modems, hardware, software, data plans, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and Service.
Certain aspects of the Site and Service may allow you to access APIs licensed by either Plasma or third party software providers.These APIs are licensed to you on a non-exclusive, limited term basis for your use only in connection with the Site and Service, as permitted by these Terms of Use, subject to all restrictions contained herein. Plasma may change or update these APIs at any time. For APIs offered by third party software vendors, Plasma does not endorse any such APIs or the third party services to which such APIs may integrate—we make no commitments to you regarding such APIs or services. You acknowledge that any such integration features provided by such APIs may not be available and may not work properly if the applicable third party’s API is unavailable or if such third party modifies its API or services in a way that impacts the ability of such API to integrate with the Service or the third party service. To the extent Plasma provides an API that integrates with a third party service, you acknowledge that changes in such service may impact such integration. In such case, we will use commercially reasonable efforts to modify the API to restore integration compatibility, but you acknowledge that we may, in our discretion, discontinue any API or integration features without liability to you if such modification creates a cost or operational burden on Plasma.
Subject to the restrictions set forth in these Terms of Use, you may use the Site and the Service and any updates provided by Plasma (in its sole discretion). Your right to use the Site and Service continues until it is terminated by either party. You may terminate by discontinuing use of all or any of the Site or Service. Plasma may terminate at any time for any reason. Your use terminates automatically if (i) you violate any term of these Terms of Use, (ii) Plasma publicly posts a written notice of termination on the Site, (iii) Plasma sends a written notice of termination to you, or (iv) Plasma ceases providing access to the Site or the Service to you. For purposes of clarity, termination of use does not constitute termination of this TOU.
Any communication by you to Plasma is subject to this TOU, and you grant to Plasma all rights to use and incorporate such contents in the Site or the Service or its documentation.
In connection with your use of the Site and Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications should you choose to do so.
Fees
Plasma reserves the right to charge fees for future use of or access to the Site or the Service.
Restrictions
You are responsible for all of your activity in connection with the Service and accessing the Site. You may not use the Site or the Service:
(i) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site user;
(ii) to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
(iii) in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(iv) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, contract rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use or with any terms or conditions or obligations relating to any third party website, app, API or the like.
(v) to sell, lease, share, transfer, or sublicense the Service or derive income from the use of the Service without Plasma’s prior, express, written permission;
(vi) to abuse, harass, threaten, harm or impersonate other Site or Service users or employees of Plasma or any of our partners, at any time or for any reason;
(vii) to post any content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct;
(viii) in any situation where failure or fault of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage; and
(ix) in a product or service that competes with products or services offered by Plasma (including the Site or Service).
Ownership
The Site, Service and Content may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Plasma’s rights apply to the Site, the Service, the Content and all interactions and functionality included therein. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Plasma, including (but not limited to) Plasma, the Site, the Service, or the Content. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided immediately above), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, Materials, or Service in whole or in part.
Any comments, suggestions, or feedback relating to the Site or the Service (collectively “Feedback”) submitted to Plasma shall become the property of Plasma or its designee. Plasma will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site, Service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Service, or operations. Without limitation, Plasma will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Plasma, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Your C2M.net Account
You may need a C2M.net Account in order to access and use some areas of our Site and some aspects of our Service. You may create your own C2M.net Account, or your C2M.net account may be assigned to you by a C2M.net administrator.To protect your C2M.net Account, keep all of your credentials confidential. You are responsible for the activity that happens on or through your C2M.net Account. This Account, and other aspects of the Site and Service, may require a user ID and password that you will create (your “ID”). You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to You to take adequate precautions with your ID, and to immediately notify Plasma of any unauthorized use of your ID. If your Account and/or ID is assigned to you by an administrator, additional terms imposed by such administrator may apply to your use of the Site and Services. You acknowledge that your administrator may be able to access your Account and/or ID, and may be able to disable your access thereto, without Plasma’s involvement.
Your Content in our Service
Some parts of the Site allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays with you.
When you upload or otherwise submit content to our Service, you give Plasma a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Service), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones. This license continues even if you stop using our Service. Our Service may offer you ways to access and remove content that has been provided to our Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Service.
You acknowledge that Plasma may identify you in our marketing and sales materials, and may include your trademarks in an appropriate area of our website and marketing materials, provided that it does not state or imply that you endorse the Service. We will use and display your trademarks in accordance with your trademark usage guidelines communicated to us. Any goodwill accruing from Plasma’s use of such trademarks shall accrue to you.
Social Media Features
The Site and Service may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, etc. Your access and use of such third party social networking sites and the services is governed by the terms of use and privacy policies of the companies providing such social media features. You are responsible for ensuring that your use of those sites complies with any such terms and policies.
Modifying and Terminating our Service
We are constantly changing and improving our Site and our Service. We may add or remove functionalities or features, and we may suspend or stop our Service altogether.
You may stop using our Service at any time. Plasma may also stop providing our Service to you, or add or create new limits to our Service at any time.
If we discontinue our Site and/or Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of our Site and/or Service.
Warranties and Disclaimers
Users of the Site or Service may gain access to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Plasma. Plasma does not make any representation or warranty whatsoever about any third party site that may be linked to or from the Site or Service.
Plasma has no special relationship with or fiduciary duty to you. You acknowledge that Plasma has no control over, and no duty to take any action regarding: which users gain access to the Site or Service; what Content you access via the Site or Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Plasma makes no representations concerning any Content contained in or accessed through the Site or Service, and Plasma will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
PLASMA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICE ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE SITE AND THE SERVICE ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND PLASMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA.
Limitation of Liability
PLASMA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT PLASMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PLASMA BE LIABLE TO YOU FOR ANY AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Plasma, and its employees, officers, agents, or other partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Site or the Service. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Hold Harmless and Indemnify
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Plasma, and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Site or the Service (including anything you develop using the Plasma Site or Service), including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Plasma shall use good faith efforts to provide you with written notice of such claim, suit or action.
About these Terms
We may modify these terms or any additional terms that apply to our Site and Service to, for example, reflect changes to the law or changes to our Service. You should review these terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for our Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for our Service, you should discontinue your use of our Site and Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Plasma and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms documented herewith.
The laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Service will be litigated exclusively in the federal or state courts of Dallas County, Texas, USA, and you and Plasma consent to personal jurisdiction in those courts.
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