TERMS OF USE

CSM GROUP TERMS OF USE

Last modified 10/11/2024

This website is owned and operated by The CSM Group, Inc. ( “CSM”, “we” or “us”). These Terms of Use apply to the our website, www.csmgroup.com ; (referred to as “Site”).

You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and CSM. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with CSM is also governed by CSM’s Privacy Policy, which is also posted on the Site.

AMENDMENTS TO TERMS OF USE

CSM reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy, and/or any of its other terms, conditions, and rules relating to the Site, at any time and in its sole discretion. CSM shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

THIRD-PARTY SERVICE PROVIDERS

CSM may use third-party service providers to help develop and maintain this site and to provide specific services offered through this site. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, apply to and inure to the benefit of any third-party service providers engaged by CSM. All references to CSM are deemed to include its agents and service providers. All agents and service providers of CSM will be authorized to use your personal information only for the purpose for which they are hired.

SITE MATERIALS, SERVICE, AND SOFTWARE

Through this Site, CSM may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, “Materials”); and (b) various services and functionality (collectively, “Services”).

CSM and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, “Software”) solely for your own informational use. In these Terms of Use, all references to the “Site” shall be deemed to include all “Software,” “Materials” and “Services,” unless otherwise expressly indicated. All rights not expressly granted by CSM to you are retained by CSM, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of CSM, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble, or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use, copy, and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing CSM’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to CSM by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of CSM.

CSM and/or its licensors own and shall retain all rights, title, and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

PRODUCT INFORMATION AND PRICING

All prices are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If CSM discovers an error in either pricing or availability it will seek to correct it. CSM reserves the right to revoke any offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted).

PRIVACY

We have a policy that addresses this issue. Your use of our Site is subject to it. Please read our “Web Site Privacy Policy” so that you understand the parameters of privacy when using our Site. Privacy Policy. Keep in mind, however, that the information you make available as part of your public profile, and the information that you voluntarily post on this Site, are public and are not protected under our Web Site Privacy Policy.

We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. You acknowledge that by providing you with the ability to post information on this Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Site.

THIRD-PARTY INFORMATION

Please be aware that when you are on the Site, you could be directed to other sites that are beyond CSM’s control. CSM is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. CSM reserves the right to terminate any link or linking program at any time. CSM provides such links only as a convenience to you. CSM has not endorsed, tested, or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third-party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

CSM may provide you information from third parties as part of this Site. Unless expressly stated, CSM does not represent, endorse, or guarantee the accuracy, completeness, timeliness, reliability, or suitability of any information provided by third parties. You agree that CSM is not responsible for third party information accessible through this Site, including opinions, advice, statements, recipes, or other health and wellness information and advertisements, and that you use such information at your own risk. Please consult with your doctor before starting a new diet, fitness, lifestyle, or supplement regimen.

TERRITORY

CSM operates this Site from its office within the United States. CSM makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION, AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY CSM “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND CONTINUED AVAILABILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE CSM, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS, AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.

YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND CSM MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. CSM ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS, AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES OR THEIR RESPECTIVE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL CSM, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS; OR (C) DIRECT DAMAGES IN EXCESS OF $150. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.

CSM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF CSM’S CONTROL, INCLUDING (WITHOUT LIMITATION) POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR, OR ACTS OF GOD.

Nothing in Terms of Use is meant to exclude, restrict, or modify any liability of CSM under any law under any jurisdiction in which the Site is accessed, which law prohibits, restricts, or modifies any portion of the limitation of liability or disclaimer of warranties set forth herein.

TERMINATION

IF YOU DO NOT UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

CSM may terminate your access to this Site at any time and for any reason without prior notification. Additionally, CSM may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time (with or without notice) discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third party for any termination of your access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification, and others which by their nature are intended to survive.

APPLICABLE LAW, SEVERABILITY, AND WAIVER

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and CSM’s rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and CSM related, in any way, to the Site and/or these Terms of Use, CSM’s Privacy Policy, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan and/or the Circuit Court of the County of Kalamazoo, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of CSM to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CSM in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will effect the other provisions of these Terms of Use.

INDEMNITY

You agree to indemnify and hold CSM, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees harmless from any alleged claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

COMPLAINTS AND VIOLATIONS

If you have any complaints or wish to report any violation of these Terms of Use, please contact us at compliance@csmgroup.com.