Terms & Conditions for ZoneCore Super Cleanse

Contact Details

Contact customer service at 888-880-2365 Monday through Friday 6am to 11pm CST or Weekends 8am to 6pm CST.

Member User Agreement

You must read and agree to these Terms and Conditions before placing Your order for the 14 day Trial Offer of ZoneCore Super Cleanse. By placing Your order for the 14 day Trial Offer of ZoneCore Super Cleanse You agree to be bound by the following Terms and Conditions:

ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“I”, “You”, “Your” or “Customer”), and CMS Marketing Group. the makers of ZoneCore Super Cleanse, and the owner and administrator of this Website and all content and functionality contained herein (“Our”, “Us”, or “Company”) (collectively, the “Parties” or “We”). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms”, “Terms of Use” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).

ACCEPTANCE OF TERMS OF USE: By using, visiting, or browsing the Website, as well as placing an order with CMS Marketing Group through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.

These Terms of Use constitute the entire agreement between CMS Marketing Group. and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the Terms in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I Agree”; “Rush My Order”; “Submit” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that you print this form for Your personal records.

You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

Product Disclaimer: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. 
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.

I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that ZoneCore Super Cleanse are not intended or to be used to treat any type of medical condition.

WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.


"Purchase Option" Specific Terms and Conditions:
Please note that we offer our customers two different options for purchasing our products. 

Option #1 is a one-time purchase option whereby you would pay a one time charge for a specific amount of product. You would be charged immediately for your purchase and your product would be shipped within 24 hours. Additionally; you would never receive any future shipments from us, nor be charged ever again. 

Option #2 is a 14 Day Trial Offer purchase option whereby you would pay a small shipping and handling fee immediately for a trial quantity of the product, followed by future shipments and charges for additional products until you cancel your membership. 

In depth details of these 2 options are provided below.


ZoneCore Super Cleanse One-Time Purchase Terms and Conditions:
Please take a few minutes to read the following, as by concluding your One-Time Purchase of ZoneCore Super Cleanse you automatically accept the following terms and conditions.

We are confident you will see the benefits of using our ZoneCore Super Cleanse Product. You are taking the next step toward a more fit & healthy you!

Upon concluding your purchase, the credit card you provide will be charged a One-time fee equivalent to the price as quoted related to the package you select. You will always be quoted a complete price inclusive of the product, shipping & handling -- and this is the charge that will appear on your credit card. You will only ever be charged the quoted purchase price this one time, and you will never receive any future product or charges from us.

Your satisfaction is 100% guaranteed, If you feel ZoneCore Super Cleanse is not for you for any reason, simply call us within 30 days from the order date to make arrangements for the return of the remaining product and empty bottles and our customer service team will provide you with an RMA number and instructions. Please note that there is restocking fee as detailed below in the "Refund Policy" section that is applicable for all returns.


ZoneCore Super Cleanse 14 day Trial Offer Terms and Conditions:
Please take a few minutes to read the following, as by concluding your purchase of the ZoneCore Super Cleanse Trial Offer you automatically accept the following terms and conditions.

We are confident you will see the benefits of using our ZoneCore Super Cleanse Product within our 14 day trial. You are taking the next step toward a more fit & healthy you!

Upon signing up for your trial offer, the credit card you provide will be charged a One-time processing fee of $6.95 and you will be shipped a 2 month supply of ZoneCore Super Cleanse. Having a two month supply on-hand will ensure that you are able to remain on the program continuously without interruption during this critical period in your diet.

If you feel ZoneCore Super Cleanse is not for you, call us to cancel within 14 days from the order date to avoid the membership fee of $89.91 and enrollment in the auto-shipment program which charges you for a 1 month supply every 30 days starting 30 days after your 14 day trial period ends, at the low price of $89.91 per month. Your trial shipment includes the one months worth of ZoneCore Super Cleanse, so that you can continue on the program without any disruption. You will start receiving a fresh supply on a monthly basis starting 30 days after your 14 day trial period ends.

If you contact customer service to terminate your trial enrollment within 14 days of the date that you enroll in the Program, you will not receive any additional product and you will not be charged anything else. Your enrollment date is the date that you submit your order for the trial product. Orders are shipped within 24 hours Mon.- Fri. excluding weekends and holidays in which case your order will be shipped the morning of the next business day. Actual delivery time of your order will vary by region.

You can cancel your membership in our auto-shipment program and avoid further Monthly Charges at any time by contacting customer service at 888-880-2365 Monday through Friday 6am to 11pm CST or Weekends 8am to 6pm CST.

Please note results may vary, but with continuous use of ZoneCore Super Cleanse XT/Super Cleanse XT in conjunction with exercise and the tools, resources and advice oferred inside TheDietPlaybook.com membership area (which is included with your purchase at no extra charge), we are confident you will see the results you are trying to achieve.

By proceeding with your purchase, you acknowledge and agree that CMS Marketing Group. will not obtain additional authorization from you for each future installment of the $89.91 auto-ship program that will be charged to the credit card you provided initially. In addition, you do not hold CMS Marketing Group responsible for any overdraft charges or fees which you might incur during the ongoing auto-ship program Membership.

All fees are payable in United States currency. For so long as your Membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the ZoneCore Super Cleanse Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of CMS Marketing Group in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), CMS Marketing Group reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or receipt of the ZoneCore Super Cleanse Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.


CMS Marketing Group authorization to provide and bill for the CMS Marketing Group. Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. CMS Marketing Group.s' reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any auto-ship program payments, such overdue amounts will be subject to your account being deactivated, in which case no further product will be shipped to you and access to the Membership site will be denied, for non-payment.


Shipping Terms 
Upon confirming your order you will be shipped one (1) full months worth of supply (1 bottles) of ZoneCore Super Cleanse. Orders are shipped within 24 hours (Monday through Friday) using our standard USPS First Class shipping method and delivery generally takes anywhere from 2 to 4 days depending on your geographic location. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. CMS Marketing Group. does not guarantee specific arrival dates or times. CMS Marketing Group. does not refund delivery or handling charges for any shipments. Please note: Delivery time is subtracted from your trial period, and will reduce the number of days allocated to Your trial period.

Contacting Customer Service: You may contact our customer care department at 888-880-2365 Monday through Friday 6am to 11pm CST or Weekends 8am to 6pm CST.


IMPORTANT...
1) Please do not return any product to us without first obtaining an RMA number from customer service. Please note that any packages marked "refused" or "Return to sender" will not be processed as a refund. You must obtain an RMA number first.
2) If you do not receive your shipment within 5 working days from the date you placed your order, please contact us immediately so we can address the situation appropriately. 

Return Address: 
At Cost Fulfillment
c/o CMS Marketing Group
383 Central Avenue, Suite LL55
Dover, NH
03820

Refund Policy

1. We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company.

2. We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company.

3. In instances where a refund is warranted and agreed to by the company, customers are restricted to receiving a single refund per product ordered. Multiple refunds for purchases processed in multiple months are not permitted - i.e. We will only consider refunding the most recent months transaction and never multiple past months.

4. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.

5. In order to request a refund, you must contact Our Customer Service Department at 888-880-2365. If a refund is warranted, you will be provided with an RMA number and instructions on how to proceed.

6. Once an RMA notice has been issued to you, you will automatically receive an RMA email confirmation and authorization.

7. In order for your refund to be processed, you must include your RMA number written on the outside of your shipment in large and legible print.

8. We must receive the remaining product back to our fulfillment facility in good condition, and once it is received and the RMA number logged into our systems, a refund will automatically be processed and you will receive an email confirmation that your refund has been processed. Please note that depending on the bank that issued the credit card, a refund can take up to thirty (30) days to appear on your credit card statement.

9. Shipping and handling costs are not refundable.

10. A $9.95 restocking fee is applicable for every returned order excepting your initial trial order.

11. You are responsible for any costs incurred to package and safely return the product to our fulfillment facility.



NEGATIVE OPTION CLAUSE 
BY PROCEEDING WITH THIS PURCHASE, I UNDERSTAND AND AGREE THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT FOR $89.91 PER MONTH IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.


LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY 
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CMS Marketing Group. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL CMS Marketing Group. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT. CMS Marketing Group. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CMS Marketing Group. WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; CMS Marketing Group. FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. CMS Marketing Group. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY CMS Marketing Group. WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

You agree that CMS Marketing Group.s' entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to CMS Marketing Group. in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether CMS Marketing Group. was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.


CONSENT TO RECEIVE EMAILS FROM US 
If you sign up via any of our opt-in forms, or make a purchase from any of our websites... we will send you emails anywhere from once to three times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our weight loss newsletter and informational emails that we send out regularly. Typically in our emails you will find relevant information that is related to a purchase you made with us, or the newest tips, tricks, and information related to weight loss. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you. 

REPRESENTATIONS; PRODUCT DISCLAIMERS 
CMS Marketing Group. is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. 

You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. CMS Marketing Group endeavors to provide You with accurate information about Our Products. You understand and agree that the information CMS Marketing Group conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). CMS Marketing Group does not warrant or represent that such information is error-free, and CMS Marketing Group does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.

CMS Marketing Group does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.

By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. CMS Marketing Group. makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.


YOUR REPRESENTATIONS 
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that CMS Marketing Group. has the right to rely upon all information provided to CMS Marketing Group. by You, and CMS Marketing Group. may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.


INTELLECTUAL PROPERTY

The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of CMS Marketing Group. or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without CMS Marketing Group.’s prior written permission.


WEBSITE USER CONDUCT AND RESTRICTIONS 
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:

- Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
- Use the Website for any unlawful purpose;
- Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.

Without the express prior written authorization of CMS Marketing Group, You may not: 

- Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); 
- Create derivative works based on the Website or any of the Intellectual Property;
- Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
- Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
- Use any meta-tags or any other “hidden text” using the Website’s name or marks;
- “Deep-link” to any page of the Website;
- Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
- Use any data mining, bots, or similar data gathering and extraction tools on the Website;
- Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
- Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.


TERMINATION OF AGREEMENT

This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. CMS Marketing Group. reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who CMS Marketing Group. believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services CMS Marketing Group. provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.


LINKS 
The Website may provide links to other World Wide Web sites or resources. CMS Marketing Group. has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any CMS Marketing Group. Website. CMS Marketing Group. cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any CMS Marketing Group. Website or third-party content on our sites. CMS Marketing Group. does not endorse any of the merchandise, nor has CMS Marketing Group. taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. CMS Marketing Group. does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against CMS Marketing Group. with respect to such sites and third-party content. CMS Marketing Group. strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither CMS Marketing Group. nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to wwwdomain. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from CMS Marketing Group..


FORCE MAJEURE 
CMS Marketing Group. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay CMS Marketing Group.’s performance.


INDEMNITY 
You agree to defend, indemnify, and hold harmless CMS Marketing Group., its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Florida’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.


GOVERNING LAW 
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning CMS Marketing Group. shall be governed exclusively by the laws of the State of Delaware, excluding its conflict of law provisions.


SEVERABILITY 
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.


NO WAIVER 
No waiver of or by CMS Marketing Group shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.


HEADINGS 
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.


COMPLETE AGREEMENT 
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.


MODIFICATIONS OF AGREEMENT 
CMS Marketing Group reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. CMS Marketing Group does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by CMS Marketing Group. in writing, these terms and conditions may not be amended by You.