Terms & Conditions
Terms of Use
"We," "us," and "our" all refer to Five22 LLC, which does business as Cybermedialearning.com. The word "Site" refers to Cybermedialearning.com. The terms "user," "you," and "your" relate to site visitors, customers, and anyone else who uses the site.
These Terms of Use are a legally binding agreement between you ("you") and Cybermedialearning.com about your access to and use of the Cybermedialearning.com website and any other media form, media channel, mobile website or mobile application related, linked to, or otherwise connected to it (collectively, the "Site"). By using the Site, you agree that you have read, understood, and agreed to be bound by these Terms of Use.
By reference, any additional terms and conditions or documents that may be placed on the Site from time to time are made a part of this document. We reserve the right to change these Terms of Use at any time and for any reason, based on what we think is best. We'll let you know about any changes by changing the "Last updated" date at the top of these Terms of Service. You give up your right to be told about each change in a different way. You need to check these Terms of Service from time to time to find out about changes. If you keep using the Site after the date that the revised Terms of Use are posted, you will be considered to have known about and agreed to the changes in the revised Terms of Use.
The information on the Site is not meant to be shared with or used by anyone or any organization in any country or jurisdiction where doing so would be against the law or rule or would require us to register in that country or jurisdiction. So, people who choose to visit the Site from other places do so on their own and are the only ones responsible for following local laws, if and to the extent that they apply.
Representations of Users
By using the Site, you represent and warrant that: (1) you are an adult and agree to follow these Terms of Use; (2) you are not a minor where you live; (3) you will not access the Site using a bot, script, or other automated or non-human means; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not break any law or regulation.
Intellectual Property
The Site is our property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and all trademarks, service marks, and logos on the Site (collectively, the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws. The Site gives you access to the Content and Marks "AS IS" for your own information and personal use. Except as stated in these Terms of Service, no part of the Site or any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, licensed, or used in any other way for commercial purposes, without our express written permission.
Purchases and Payment
The following forms of payment are accepted: Visa, Mastercard, American Express and Discover
You agree to give buy and account information that is current, complete, and correct for all purchases you make through the Site. You also agree to keep your account and payment information up-to-date, including your email address, payment method, and the date your payment card expires, so that we can complete your transactions and get in touch with you as required. When we think it's necessary, we'll add sales tax to the price of what you buy. Prices could change at any time. All money must be paid in U.S. dollars.
You agree to pay for your purchases and any shipping costs at the prices in effect at the time you place your order. You also give us permission to charge your chosen payment method for these amounts. If your order has recurring charges, you agree that we can charge your payment method on a regular basis without getting your permission first, until you stop the order. We reserve the right to fix any price errors, even if we've already asked for or received payment.
We have the right to turn down any sale made on the Site. We have the right to limit or cancel the number of items each person, family, or order can buy. Orders made by or under the same customer account, using the same payment method, or using the same billing or shipping address may be limited. We have the right to limit or stop orders that look like they are coming from dealers, resellers, or distributors, based on our own opinion.
Refunds
Before you buy anything, please read our Refund and Return Policy, which is listed on the site.
Restricted Activities
You agree, as a user of the Site, not to:
Use the Site in a way that breaks any laws or rules that are in place.
Gather data or other content from the Site to build or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Use the Site in a way that isn't allowed, like collecting usernames and/or email addresses of users through electronic or other means in order to send unsolicited email, or making user accounts through automatic means or by lying about who you are.
Do not iframe the Site or link to it without permission.
You can't get around security features on the Site, turn them off, or mess with them in any other way. This includes features that stop or limit the use or copying of any Content or set limits on how the Site and/or its Content can be used.
Automate your use of the system by sending comments or messages with scripts or using data mining, robots, or other tools that gather and collect data.
Interfere with, disrupt, or put too much stress on the Site or any networks or services that are linked to it.
Use the Site to try to compete with us or use the Site and/or the Content in any other way for any business or money-making venture.
Upload or send (or try to upload or send) viruses, Trojan horses, or other material, such as excessive use of capital letters and spamming (constant posting of the same text), that makes it hard for anyone to use and enjoy the Site without interruption or that changes, slows down, disrupts, or interferes with the Site's use, features, functions, operation, or maintenance.
Upload or send (or try to upload or send) any material that acts as a passive or active information collection or transmission mechanism. This includes, but is not limited to, clear graphics interchange formats ("gifs"), 11 pixels, web bugs, cookies, or other similar devices (sometimes called "spyware" or "passive collection mechanisms" or "pcms").
Use, launch, develop, or distribute any automated system that accesses the Site, including, but not limited to, any spider, robot, cheat utility, scraper, or offline reader, or use or launch any unauthorized script or other software. This includes, but is not limited to, any spider, robot, cheat utility, scraper, or offline reader.
Disclaimer
The site is available "as is" and "as available." you agree that it is your sole risk to use the site services. to the fullest extent allowed by law, we disclaim all warranties, express or implied, relating to the site and your use of it, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We don't make any promises or guarantees about the accuracy or completeness of the site's content or the content of any websites that link to this site. We also won't be responsible for any (1) errors, mistakes, or inaccuracies in the content and materials, (2) personal injury or property damage of any kind caused by your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or databases.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
When buying a product or service through any medium or in any setting, you should use your best judgment and be careful when necessary.
Applicable Law
Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
Disputes - Informal Negotiations
To move to a quick resolution and keep the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (each a "Party" and collectively, the "Parties"), the Parties agree to first try to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before starting arbitration. When one party gives written notice to the other, these talks start informally.
Limitation of Liability.
No matter what, neither we nor our directors, employees, or agents will be responsible to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, such as lost profit, lost revenue, loss of data, or other damages caused by your use of the site, even if we knew such damages were possible. No matter what else is written here, our responsibility to you for any reason and regardless of the type of action will always be limited to the amount, if any, you paid us in the three months before the cause of action arose. Some U.S. state laws and foreign laws don't let implied warranties be limited or certain damages be excluded or limited. If these laws apply to you, some or all of the above disclaimers or limits may not apply to you, and you may have extra rights.
Five22, LLC. does not accept liability beyond the amount of one-hundred and fifty dollars, USD, including any liability for products for any reason. Five22 LLC. will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party.
Binding Arbitration
If the Parties cannot resolve a dispute through informal talks, it will be settled once and for all through strict arbitration. The arbitration will be started and run according to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if necessary, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which can be found on the AAA website at www.adr.org. Your arbitration fees and your share of the arbitrator's pay will be controlled by the AAA Consumer Rules and, when necessary, limited by the AAA Consumer Rules.
Arbitration fees will be paid by the plaintiff.
The arbitrator will make a written ruling, but he or she doesn't have to explain why unless one of the parties asks for it. The arbitrator must follow the law, and if he or she doesn't, the award can be questioned. The arbitration will take place in United States, Florida.
If for any reason a Dispute goes to court instead of being settled through arbitration, the Dispute shall be started or prosecuted in the state and federal courts in United States, Florida, and the Parties agree to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The Uniform Computer Information Transaction Act (UCITA) and the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms of Use.
No matter what, neither party can start a dispute that has anything to do with the Site more than one (3) months after the cause of action. If this provision is found to be illegal or unenforceable, neither party will choose to arbitrate any Dispute that falls within the part of this provision that was found to be illegal or unenforceable. Instead, the Dispute will be decided by a court of competent jurisdiction from the list of courts above, and both parties agree to submit to the personal jurisdiction of that court.
Restrictions
The parties agree that any hearing will only deal with the disagreement between them. As much as the law allows, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a supposedly representative capacity on behalf of the general public or any other person.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: 1) your use of the Site; 2) your breach of these Terms of Use; 3) your breach of any of the representations and warranties you made in these Terms of Use; 4) your violation of any Despite what has been said, we reserve the right, at your cost, to take over the defense and control of any matter for which you are required to compensate us, and you agree to help us defend such claims at your cost. We will try to let you know about any claim, case, or proceeding that falls under this indemnification as soon as we find out about it.