Please read these terms of service (“terms”, “terms of service”) carefully before using CIMPLLC.com website (the “service”) operated by CIMP, LLC. (“us”, ‘we”, “our”).
Conditions of Use:
We will provide our services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services, or make a purchase, you accept the following conditions. We urge you to read them carefully.
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of CIMP, LLC. and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of CIMP, LLC., with copyright authorship for this compilation by CIMP, LLC.
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
The Client waives all right to a refund of any and all agreed-upon monies regardless of their status (ex: settled, pending, authorized, yet-to-be paid). All monies collected or charged as a result of services rendered or services to be rendered, in part or in full, to the Client are irrevocable and non-refundable. All payments, current or future, are only subject to credit where explicitly written in this agreement. The Client agrees to make all payments and waives all right to retract or withhold payment at any time. Payment(s) deemed creditable by Us, an Arbitrator, or Court will stay in Our possession (Strategic Market Solutions, LLC./CIMP, LLC.) and will act as a retainer for payment of future agreed-upon services.
By visiting this website, you agree that the laws of the State of Michigan, Genesee County, and the Michigan Township of Clio, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between CIMP, LLC. and you, or its business partners and associates.
- You agree to indemnify and forever hold Us harmless from and against any and all demands, claims, causes of action, fines, penalties, damages (including consequential), liabilities, judgments, and expenses (including but not limited to reasonable attorneys’ fees and investigation costs) arising out or contributed to by Your negligence, error, forgetfulness, willful misconduct, or deliberate act, or the negligence, willful misconduct, bodily harm injury or deliberate act of Your employees, agents, representatives, customers, invitees and/or any Exhibitor-Appointed Contractors (EAC), and all other liabilities, at the event to which this Contract relates, including but not limited to Your violation of Federal, State, County or Local ordinance and/or Your violation of Show Regulations and/or Rules as published and set forth by Facility and/or Show Management.
- We shall have no liability or responsibility for content received or distributed by You or Your EACs through the Service, and You shall indemnify, defend, and hold Us and Our directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns harmless from any and all claims, damages, and expenses whatsoever (including reasonable attorneys’ fees) arising from such content attributable to You or Your Contractors.
- If anyone brings a claim, cause of action, or dispute against Us related to Your services, actions, content or information on Our websites or at Our event(s) or Your information distributed through Our Services, You agree to indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
- You shall not accept any claim settlement that (i) imposes an obligation on Us; (ii) requires Us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Us without Our prior written consent. We are not required to give Our consent to any such settlement or request.
Contractual Jurisdiction and Forum Selection:
Any dispute related in any way to Our Services shall be arbitrated as defined in Dispute Resolution. This Contract is governed by the laws of Michigan, the state of incorporation for CIMP, LLC. Any claim by either party is to be in accordance with Michigan law, having all non-arbitrable claims filed in a Genesee County Michigan court (Michigan’s 67th District courts). If Michigan’s District courts are not within competent jurisdiction, the litigation shall be conducted by, and filed in, a Michigan State court in Flint Michigan (Michigan’s 7th Circuit courts). You consent to exclusive jurisdiction and venue of such forums.
Any dispute related in any way to Our services shall be arbitrated as defined in Dispute Resolution.
- If You reside in the US or your business is located in the US: You and We agree to arbitrate any claim, cause of action, or dispute between You and Us that arises out of, or relates to, any access or use of Our services (“commercial claim”). This provision does not cover any commercial claims relating to violations of Your or Our intellectual property rights, including, but not limited to, violations of Your or Our confidential information or trade secrets, or efforts to interfere with Our Products or engage with Our Products in unauthorized ways (for example, automated ways).
- We and You agree that, by entering into this arbitration provision all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then only that commercial claim (or only that request for relief) may be brought in court. All other commercial claims (or requests for relief) remain subject to this paragraph.
- The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions.If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. This notice of dispute to Us must be sent to the following address:
2113 W Vienna Rd.
Clio, MI 48420
- The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Commercial Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which You are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. You will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rule. You will also pay for Our administrative and arbitrator fees if your commercial claim for damages is frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
- If any provision of this dispute resolution provision is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect.
- All commercial claims between us, whether subject to arbitration or not, will be governed by Michigan law, excluding Michigan’s conflict of laws rules, except to the extent that Michigan law is contrary to or preempted by federal law.
- If a commercial claim between You and Us is not subject to arbitration, You Agree that the claim must be resolved exclusively in the jurisdiction governed by the “Contractual Jurisdiction” clause within this agreement.
- You agree to pay for all fees incurred from litigation or arbitration if the claim is found in Our favor, including, but not limited to, court fees, legal fees, arbitrator fees, etc. You agree to this regardless of the setting: litigation, arbitration, or mediation (including self-mediation).
- This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy related to Us or Our relationship, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before this or any prior Agreement; (3) claims that arise after the expiration or termination of this Agreement
- You, the Client, agree to all the terms of the Dispute Resolution clause.
Videography, Photography, and Recording Release:
By attending and/or exhibiting at Our event(s) You, Your employees, Your contractors, those You represent, and all in attendance on Your behalf or behest (collectively “You” and “Your” for the duration of the Videography, Photography, and Recording Release clause) bindingly and irrevocably agree to:
- Consent to the recording of statements, photographs, audio, and video recordings taken of You by Us or Our employees, or Our contractors.
- You agree to disseminate this agreement to all those You represent, employ, and have contracted (or intend to contract) who will be in attendance at Our event (this includes event setup times, the publically accessible event times, and the event takedown times) (“in attendance at Our event”, “in attendance at Our event”, and similar phrases) and to attain their written agreement and consent to this release before signing and/or attending any of Our events.
- You agree all recorded and documented expressions, statements, photographs, videos, and audio recording(s) created by Us, Our employees, and Our contractors to be Our, CIMP, LLC., sole property.
- You irrevocably consent all documented expressions, statements, photographs, videos, and audio recording(s) We create (“Property” for the duration of the Videography, Photography, and Recording Release clause) may be used freely and without reservation for any and all purposes at Our sole discretion. You shall not have, and agree to waive all rights to, any and all control over the property, use, and publication of any and all documented expressions, statements, photographs, videos, and audio recording(s) We make.
- You shall not receive any compensation for the use of, or in connection with the use of, any and all documented expressions, statements, photographs, videos, and audio recording(s).
- You hereby release, waive, and discharge any and all claims of any kind or nature against Us arising out of, or relating to, the use or publication of any and all documented expressions, statements, photographs, videos, and audio recording(s) We make.
- You hereby agree to testify on Our behalf (in litigation, arbitration, and mediation) for any and all claims of any kind or nature.
- Should any legal process nullify or invalidate any item or agreement in the Videography, Photography, and Recording Release clause all other items and agreements shall remain fully valid, agreed to, binding, and enforceable. You agree to the joint and several validity and enforceability of the items and agreements in the Videography, Photography, and Recording Release clause.
- You agree to indemnify and release Us from any and all claims of any nature brought against You for the documented expressions and/or statements You made.
- You agree You have full understanding this release waives substantial rights on Your behalf, including the publicity and privacy of expressions, statements, photographs, videos, and audio recording(s) You make.
- You agree You and all those You represent, employ, and have contracted who will be in attendance at Our event have read in full, and consent to, this release agreement.
- You consent to this agreement freely and voluntarily.
Majeure Clause (Acts of God):
In the event of a force majeure (ex.: flash floods, blizzards, lightning strikes, fires, etc.) CIMP, LLC. reserves the right to make changes to its events’ showtimes. You accept these changes as is and in full. Should a force majeure and changes be made to Our showtime(s) We will provide You with an equivalent credit to the original purchase of Our show(s) valid at any of our shows.
Comments, Reviews, and Emails:
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant CIMP, LLC. non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
License and Site Access:
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in Our sole discretion.