Terms and Conditions
From our Founder
myCMO.biz is solely dedicated through the operation of this Website, its products, exchange of information and related resources to provide an ethical, moral, constructive, valuable and positive exchange between YOU, our Subscribers of Small Business Owners and Contributing Experts. Your use of myCMO.biz otherwise is prohibited and will not be tolerated.
Small business owners, their trusted employees and loyal customers are the backbone of a strong, productive and innovative U.S. economy! With your help, small businesses:
- Secure one’s independence
- Ensure family prosperity
- Support our local communities
- Strengthen our middle class
- Foster social development and economic growth
- Often discover innovative products and solutions
Founder & CEO
When we refer to “myCMO.biz”, we mean the entire Website that acts as the ‘processor’ of information and personal data (collectively “Information”) submitted and ‘controlled’ by you, and what choices you, your employer or other entity associated with using myCMO.biz (collectively “Subscriber” and “Party”) have with respect to that Information, as explained below.
This Terms and Conditions applies to myCMO.biz, a membership-based Website, providing products such as Messaging, Forums, Case Studies, Webinars, etc.; other third-party services; applications; business affiliates; and software that integrate with myCMO.biz (collectively “Products”); as well as Information you view, submit and share with myCMO.biz and other Subscribers. You agree to this Terms and Conditions by subscribing (or registering) to myCMO.biz and using its Products and Information. If you do not agree with this Terms and Conditions, do not access myCMO.biz or use its Products and Information.
A Binding Contract (collectively “Contract”)
This Terms and Conditions is a binding Contract between YOU, the Subscriber and myCMO.biz. YOU acknowledge your understanding of the Contract and agree to the Contract. In other words, the Subscriber is YOU and/or the organization YOU represent in agreeing to the Contract. If YOU subscribe (or register) to myCMO.biz using another e-mail address other than your personal or business e-mail address (such as your employer’s or other entity), YOU are the Subscriber.
Occasionally, myCMO.biz offers free use to ‘Beta Testers’ that help test our Website, its Products and Information. Any new Products or Information may or may not be identified as ‘Beta’ or a similar description and meaning. Beta Products may not be ready for prime time, so they are made available “as is,” without the warranties or contractual commitments offered by any existing Products and Information. Should a Subscriber encounter any faults with our Beta Products and/or Information, we encourage your feedback, so we can improve upon our user experience. Any Subscriber that sends us feedback (positive or negative) grants myCMO.biz an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use of any such feedback or suggestions for any purpose without any obligation or compensation to the Subscriber/Beta Tester. Conversely, myCMO.biz has the right not to implement any feedback or suggestions provided by our Subscribers/Beta Testers.
Pay for Use
If a Subscriber decides to purchase the use of myCMO.biz and its Products, that decision should be based on the functionality or features myCMO.biz makes available at time of purchase, and not on the delivery of any future Product and Information enhancements, added/deleted functionality or features.
For Subscribers that pay for the use of myCMO.biz, its Products and Information, fees are specified at “check-out” and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. In the event a Subscriber downgrades, terminates or otherwise no longer derives use of myCMO.biz, its Products and Information, Subscriber will remain responsible for any unpaid fees under the paid plan, and will be deemed fully performed and delivered upon expiration of the paid plan’s subscription period. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively Taxes). Subscriber will be responsible for paying all Taxes associated with any purchases. Should any payments be subject to withholding tax by any government, the Subscriber agrees to reimburse myCMO.biz for such withholding tax.
Any coupons/credits that may accrue to a Subscriber’s free membership plan (for example, from a promotion or for ‘Beta’ testing purposes, will expire following expiration or termination of the applicable Contract, will have no currency or exchange value, and will not be transferable or refundable.
If any fees owed to myCMO.biz by a Subscriber (excluding amounts disputed reasonably and in good faith) are fifteen (15) days or more overdue, we may, without limiting our other rights and remedies, suspend and/or terminate the Subscriber account.
Subscribers must comply with this Contract. myCMO.biz may review conduct for compliance purposes, but has no obligation to do so. myCMO.biz is not responsible for the Information viewed and/or shared by any Subscriber or the way a Subscriber chooses to use and/or share myCMO.biz, its Products and Information. Subscribers are responsible for providing their own computer equipment, software, knowledge, experience and high-speed Internet access to access and use myCMO.biz and its Products effectively.
If myCMO.biz believes there is a violation of the Contract that can simply be remedied by the Subscriber’s removal of certain Information, myCMO.biz will, in most cases, ask the Subscriber to take direct action rather than intervene. However, myCMO.biz may intervene directly (by removal of certain Subscriber Information, termination of Subscriber account, and/or legal action) if myCMO.biz believes there is a credible risk of harm to myCMO.biz, its Products and Information, other Subscribers and/or third-party services.
Keeping the Services Available
myCMO.biz will use commercially reasonable efforts to make the myCMO.biz Website, its Products and Information available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Subscribers with advance notice, if we think it may exceed an excessive period of time.
Protecting Subscriber Information
The protection of Subscriber Information is a top priority for myCMO.biz. Safeguards will include measures for preventing unauthorized access, use, sharing, modification, deletion and disclosure of Subscriber Information. myCMO.biz may leverage our business affiliates, associates and/or third party services in exercising our rights and performing our obligations under the Contract. Ultimately, the Subscriber bears sole responsibility for adequate security, protection and dissemination of Subscriber Information.
Ownership and Proprietary Rights
The Subscriber grants myCMO.biz non-exclusive, limited term license to access, use, process, copy, distribute, perform, export, promote and display Subscriber Information as reasonably necessary to provide, maintain, update and promote the myCMO.biz Website, its Products and Information; to prevent or address service, security, support or technical issues; and as required by law. Subscriber represents and warrants that it has secured all rights in and to Subscriber Information as may be necessary to grant this license.
myCMO.biz owns and will continue to own the myCMO.biz Website, its Products and Information, including all related intellectual property rights. We may make components available via the Internet, social media, third-party services and/or other channels (both digital and print). We grant to Subscribers a non-sublicensable, non-transferable, non-exclusive, limited license to use the object code version of these components, but solely as necessary to use the myCMO.biz Website, its Products and Information, and in accordance with the Contract. All of our rights not expressly granted by this license are hereby retained.
Term and Termination
A paid Subscriber membership/subscription continues until terminated, while a free (i.e., for testing purposes) Subscriber membership/subscription has a term that may expire or be terminated. The Contract remains effective until all Subscriber memberships/subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will suspend and/or terminate all Subscriber memberships/subscriptions, including the Subscriber account but not necessarily Subscriber Information. In the event a Subscriber downgrades, terminates or otherwise no longer derives use of myCMO.biz, any Information shared as a Subscriber will be retained and shared as “Anonymous” with other Subscribers, at the discretion of myCMO.biz.
All paid Subscriber memberships/subscriptions automatically renew (without the need to go through the “check-out” or order payment process) for additional periods (typically monthly), as per the unit pricing established at time of the Subscriber subscribing/registering.
Termination for Cause
myCMO.biz or Subscriber may terminate the Contract on notice to the other Party if the other Party materially breaches the Contract and such breach is not cured within thirty (15) days after the non-breaching party provides notice of the breach. Subscriber is responsible for any breaches of this Contract. myCMO.biz may terminate the Contract immediately on notice to Subscriber if myCMO.biz reasonably believes that myCMO.biz Website, its Products and Information are being used by the Subscriber in violation of the Contract or applicable law.
Termination Without Cause
Subscriber may terminate its Contract immediately without cause. myCMO.biz may also terminate Subscriber’s Contract without cause.
Effect of Termination
Upon any termination, the Contract remains effective until all Subscriber memberships/subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates.
Data Portability and Deletion
myCMO.biz is a custodian of Subscriber Information. During the term of a Subscriber’s subscriptions, Subscriber will be permitted to export or share certain Subscriber Information; provided, however, that because myCMO.biz has different Products with varying features and Subscriber has different retention options, Subscriber acknowledges and agrees that the ability to export or share Subscriber Information may be limited or unavailable depending on the type of Product in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of a Subscriber’s subscriptions, myCMO.biz will have no obligation to maintain or provide any Subscriber Information and may thereafter, unless legally prohibited, delete all Subscriber Information in our systems or otherwise in our possession or under our control. Conversely, myCMO.biz may maintain Subscriber Information.
Representations Disclaimer of Warranties
Subscriber represents and warrants that it has validly entered into the Contract and has the legal power to do so. Subscriber further represents and warrants that it is responsible for its own conduct and compliance with the terms of this Contract.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, myCMO.biz, ITS WEBSITE AND PRODUCTS AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND myCMO.biz EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER SUBSCRIBER’S OR myCMO.biz LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT SUBSCRIBER’S PAYMENT OBLIGATIONS.
IN NO EVENT WILL EITHER SUBSCRIBER OR ANY MEMBER OF myCMO.biz HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD-PARTY SERVICE FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Subscriber is responsible for all login credentials, including usernames and passwords, and payment Information. myCMO.biz will not be responsible for any damages, losses or liability to Subscriber or anyone else, if Subscriber Information is not kept confidential by Subscriber or if such Subscriber Information is incorrectly provided by a third-party service. myCMO.biz will not be responsible for any contracts and agreements (paid or otherwise) for service or dispute between Subscribers.
The limitations of this Limitation of Liability section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this Limitation of Liability section allocate the risks under this Contract between the Parties, and the Parties have relied on these limitations in determining whether to enter into this Contract.
Indemnification of myCMO.biz
Subscriber will defend myCMO.biz, its Website, Products and Information from and against any and all third-party service claims, actions, suits, proceedings, and demands arising from or related to Subscriber’s violation of the Contract, and will indemnify myCMO.biz for all reasonable attorney’s fees incurred and damages and other costs finally awarded against myCMO.biz in connection with or as a result of, and for amounts paid by myCMO.biz under a settlement Subscriber approves of in connection with (a Claim Against myCMO.biz). myCMO.biz must provide Subscriber with prompt written notice of any Claim Against myCMO.biz and allow Subscriber the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting Subscriber’s defense and settlement of such matter. This section states your sole liability with respect to, and myCMO.biz’s exclusive remedy against Subscriber for any Claim Against myCMO.biz.
Limitations on Indemnifications
Notwithstanding anything contained in the preceding section, (a) an indemnified Party will always be free to choose its own counsel if it pays for the cost of such counsel; and (b) no settlement may be entered into by an indemnifying Party, without the express written consent of the indemnified Parties (such consent not to be unreasonably withheld), if (i) the third-party service asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions by the indemnified Party, (iii) the settlement does not include a full release of liability for the indemnified Party, or (iv) the settlement includes terms other than a full release of liability for the indemnified Parties and the payment of money.
Each Party (“Disclosing Party”) may disclose personal Information to the other Party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the Information and the circumstances of disclosure, as well as non-public business, product, technology and marketing Information. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is personal Information. Notwithstanding the above, personal Information does not include Information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third-party service without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.
Protection and Use of Confidential Information
The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of personal Information, and limit access to those business affiliates, associates and third-party services who need to know such Information in connection with the Contract; and (b) not use or disclose any personal Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either Party from sharing personal Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.
Compelled Access or Disclosure
The Receiving Party may access or disclose personal Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s personal Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such personal Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the personal Information to be produced.
The preceding sections will survive any termination or expiration of the Contract.
Subscriber grants myCMO.biz the right to use Subscriber’s full name, professional biography, company name, logo and other related personal Information as a reference for marketing or promotional purposes on myCMO.biz’s Website, its Products and Information in other public or private communications with an existing or potential Subscriber.
Neither myCMO.biz nor Subscriber will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a Party, which may include denial-of-service attacks, a failure by a third-party service or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, governmental action or other unforeseen failure or delay.
Relationship of the Parties
The Party’s are independent. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between each Party (myCMO.biz and Subscriber). There are no beneficiaries to the Contract.
E-mail and Messages
Except as otherwise set forth herein, all notices under the Contract will be by e-mail, although myCMO.biz may instead choose to provide notice to Subscriber through myCMO.biz, its Website and Products. Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through e-mail; and (b) the same day, in the case of notices through myCMO.biz, its Website, Products and Information.
As myCMO.biz business evolves, myCMO.biz may change the components of the Contract. If myCMO.biz makes a material change to the Contract, myCMO.biz will provide Subscriber with reasonable notice prior to the change taking effect, either by e-mailing the e-mail address associated with Subscriber’s account or by messaging Subscriber through myCMO.biz, its Website and Products. Subscriber can review the most current version of the Contract at any time. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Subscriber accesses or uses myCMO.biz, its Website, Products and Information after the effective date, that use will constitute Subscriber’s acceptance of any revisions.
No failure or delay by either Party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorized representative of the Party being deemed to have granted the waiver.
The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.
Neither Party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety without consent of the other Party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subscriber will keep its billing and contact information current at all times. Any purported assignment in violation of this section is void. A Party’s sole remedy for any purported assignment by the other Party in breach of this section will be, at the non-assigning Party’s election, termination of the Contract upon written notice to the assigning party. Subject to the foregoing, the Contract will bind and inure to the benefit of either Party, their respective successors and permitted assigns.
The Contract constitutes the entire agreement between each Party and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Without limiting the foregoing, the Contract supersedes the terms of any online agreement electronically accepted by Subscriber. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Subscriber account, third-party service or any other Subscriber order documentation will be incorporated into or form any part of the Contract, and all such Terms and Conditions will be null and void.