Privacy Policy

Effective Date:  November 26, 2018

 

This privacy notice discloses the privacy practices for the Congress of Physician-Owned Medical Properties (“CPOMP”, “us” “we”, or “our”) and our website located at www.cpomp.org. (the “Site”). This privacy notice applies solely to information collected by this website, except where stated otherwise. It will notify you of the following:

• What information we collect;
• How it is used;
• With whom it is shared;
• How it can be corrected;
• How it is secured;
• How policy changes will be communicated; and
• How to address concerns over misuse of personal data.

 

Information Collection and Use 

We are the sole owners of the information collected on this Site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. 

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary.

We collect the following types of information about you:

 

Information You Provide Us Directly

 

We may ask for certain information such as a username, your first and last name, date of birth, phone number, profession, place of work, email address, and other personal information when you register as a member or when you register for the CPOMP Annual Meeting, or if you correspond with us. We may also retain any messages you send through the Site or by email, and may collect information you provide in User Content you post to the Site. We use this information to operate, maintain, and provide to you the features and functionality of the Site. We may also use this information to correspond with you, and to address any issues you raise about the Site.

 

If you give us information about you, we will keep it and use it to provide our services and make them better.

 

 

Information We May Receive From Third Parties

 

We may receive information about you from third parties. For example, if you access our Site through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” linking your account to the Site, etc., that third party may pass certain information about your use of its service to CPOMP. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Site. You may also unlink your third-party account from the Site by adjusting your settings on the third-party service. If you unlink your third-party account, we will no longer receive information collected about you in connection with that service.

When you use our Site, third parties might give us some info about you, especially if you are signed into a third-party account while using our Site.

 

Information We Collect From You Automatically

 

We may directly collect analytics data, or use third party analytics tools, to help us measure traffic and usage trends for the Site. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Site. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

 

Personal Data

 

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

 

Usage Data

 

We may also collect information about how the Site is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data 

We use "cookies" and similar tracking technologies on this Site to track the activity on our Site and hold certain information. Cookies are files with small amounts of data which may include an anonymous unique identifier stored on a site visitor's device to help us improve your access to our Site and identify repeat visitors to our Site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our Site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our Site.

Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Site.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Examples of Cookies we use:

 

• Session Cookies. We use Session Cookies to operate our Site.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

 

Some of our business partners may use cookies on our Site (e.g., advertisers). However, we have no access to or control over these cookies.

 

Third-Party Cookies

 

These are set by someone other than the owner of the website you are visiting. Embedded or shared content from other websites typically fall into this category. This can happen when a web page references a file, such a JavaScript file, located outside its domain.

 

Clear Gifs/Web Beacons Information

 

When you use the Site, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Site.

 

Links to Other Sites

This Site contains links to other sites that are not operated by us. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other site that collects personally identifiable information.

 

Log File Information

Log file information is automatically reported by your browser or mobile device each time you access the Site. When you use our Site, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, and other such information.

 

Disclosure of Data

 

Legal Requirements

 

The Congress of Physician-Owned Medical Properties (CPOMP) may disclose your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of Congress of Physician-Owned Medical Properties (CPOMP)
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of users of the Service or the public
• Protect against legal liability

 

Transfer of Data

 

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

CPOMP will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

 

Sharing

 

We share aggregated demographic information with our advertisers, sponsors, members, strategic and other partners. This is not linked to any personal information that can identify any individual person.

And/or: 

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

 

Your Access to and Control Over Information 

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number provided on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data

 

Do Not Track

 

A Do Not Track (DNT) standard has not been adopted to this day, and therefore our Site does not use DNT signals. Except as described in Privacy Policy, CPOMP does not authorize the collection of Personal Identifiable Information (PII) from our users for third party use through advertising technologies without separate user consent. However, our developer and some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, Safari allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

Third parties that have content embedded on CPOMP’s websites such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific CPOMP website from a certain IP address.

 

What is DNT?

 

DNT is the concept that has been promoted by regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

 

What is a DNT signal?

 

Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option

that relies on a technology known as a DNT header that sends a signal to websites visited by the browser user about the user's DNT preference. You can usually access your browser's DNT option in your browser's preferences.

 

Is there a DNT technology standard?

 

The World Wide Web Consortium (W3C) has been working with industry groups, Internet browsers, technology companies, and regulators to develop a DNT technology standard. While some progress has been made on this issue, it has been slow, and to date no standard has been adopted. Without an industry standard for DNT, users cannot know how any given company abides by a DNT signal they receive from browser headers. CPOMP is committed to remaining apprised of the W3C efforts to develop a DNT standard.

 

How does CPOMP respond to the signal?

 

CPOMP takes privacy and security very seriously and strives to put our users first in all aspects of our business. With regard to DNT, CPOMP currently doesn't respond to DNT signals in browsers because no DNT standard has been adopted, as noted above.

 

Does CPOMP share users' personally identifiable information with third parties (like advertisers and ad networks)?

 

CPOMP does not authorize the identification of users by third parties through advertising technologies without separate consent.

Please note, that our Privacy Policy uses the definition of "direct marketing" provided by the California Civil Code §1798.83, to include marketing directly to individuals by means of mail, phone, or e-mail for personal purposes.

 

Security of Data

 

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

We take precautions to protect your information. We ask that you do not store your credit card or social security number on the Site. When you submit sensitive information via the Site, your information is protected both online and offline.

Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the top or bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g. customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.

 

Service Providers

 

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

Analytics

 

We may use third-party Service Providers to monitor and analyze the use of our Service.

 

Google Analytics

 

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

 

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

 

Children’s Privacy

 

Our Service does not address anyone under the age of 18 ("Children").

 

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

 

Notification of Changes

 

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

 

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (407) 264-7258 or via email at [email protected]

CPOMP ONLINE TERMS OF USE

Last revised June, 2018

These terms and conditions of use (“Terms of Use”) govern your use of our website located at www.cpomp.org (the “Site”). The Site is owned by the Congress of Physician-Owned Medical Properties (“CPOMP”). Your compliance with these Terms of Use is a condition to your use of the Site. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PROMPTLY EXIT THIS SITE. Please also consult our Privacy Policy for a description of our privacy practices and policies.

Binding Arbitration.  These Terms of Use provide that all disputes between you and CPOMP that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with CPOMP.

1. Ownership of the Site

All pages within this Site and any material made available for download are the property of CPOMP, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by CPOMP. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of CPOMP without our express written consent.

2. User Activities and Acceptable Use

If you use, download, submit, upload or post any ratings, reviews, comments, ideas, suggestions, information, files, videos, images or other materials from or to us or our Site (“Content”), you agree not to use the Site or Content for any unlawful purposes or contrary to the these Terms of Use. Without limiting the generality of the foregoing, you agree not to:

1. Provide any Content that (1) is false, misleading, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component;
2. Use the Site or Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
3. Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal use, without the express written consent of CPOMP, which consent may be withheld by CPOMP in our sole discretion;
4. Use the Site if you are under the age of eighteen (18);
5. Take any action that would undermine the review and rating process on the Site;
6. Attempt to gain unauthorized access to the Site, other user accounts, or other computer systems or networks connected to the Sites;
7. Use the Site in any way that could interfere with the rights of CPOMP or the rights of other users of the Sites;
8. Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
9. Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites;
10. Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Site;
11. Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CPOMP, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating; or
12. Probe, scan or test the vulnerability of the Sites and Services or any network connected to the Site, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of CPOMP, including any CPOMP account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by CPOMP and provided for by the Sites and Services.

You represent and warrant to CPOMP that you have the legal right and authorization to provide all Content to CPOMP for the purposes and CPOMP’s use as set forth herein. CPOMP shall have a royalty-free, irrevocable, transferable right and license to use the Content in whatever manner, commercial or otherwise, CPOMP desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology throughout the world. CPOMP is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay to you any compensation for any Content; or (3) to respond to any Content.

You further represent and warrant the following:

1. You will not submit any reviews that may be considered by CPOMP to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable.
2. All of your reviews and ratings will (1) be based upon your actual first-hand experiences with the service providers you are reviewing; and (2) be accurate, honest, truthful, and complete in all respects.
3. You will submit thorough and thoughtful reviews of the service providers you review (for example, submitting a review describing a service contractor as “He/She is great” without additional commentary is not a thorough and thoughtful review.
4. You will not submit reviews that contain hyperlinks, or comment on other users or the reviews of other users.
5. The reviews and ratings that you provide do not reflect the views of CPOMP, its officers, managers, owners, employees, agents, designees or other users.

CPOMP does not regularly review posted Content but does reserve the right (but not the obligation) to monitor and edit or remove any Content submitted to the Site. You grant CPOMP the right to use the name that you submit in connection with any Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. You are and shall remain solely responsible for the content of any Content you make. CPOMP and its affiliates take no responsibility and assume no liability for any Content submitted by you or any third party.

You agree that CPOMP may establish general practices, policies and limits, which may or may not be published, concerning the use of the Site, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Site in a given period of time. You agree that CPOMP has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Site. You agree that CPOMP has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

You agree to defend, indemnify and hold CPOMP harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by CPOMP arising out of any Content you post or allow to be posted to the Site.

3. Service Providers

CPOMP does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, CPOMP is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings, including payment and payment terms, with any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve CPOMP. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

4. Site Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. CPOMP will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by CPOMP. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. If you register to use the Site, you agree to (a) provide CPOMP with true, accurate, current and complete information as prompted by the CPOMP’s registration forms, when registering for or using the Site and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.

Your access to the Site may be revoked by CPOMP at any time with or without cause. You agree to defend, indemnify and hold CPOMP harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by CPOMP arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

5. Accuracy and Integrity of Information

Although CPOMP attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform CPOMP so that it can be corrected. CPOMP reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, CPOMP shall have no responsibility or liability for information or Content posted to the Site from any non-CPOMP affiliated third party.

6. Links to Other Sites

CPOMP makes no representations whatsoever about any other website that you may access through this Site. When you access a non-CPOMP website, please understand that it is independent from CPOMP, and that CPOMP has no control over the content on that website. In addition, a link to a non-CPOMP website does not mean that CPOMP endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.

7. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

CPOMP respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to CPOMP’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

            If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Elizabeth Cvercko

399 Carolina Avenue

Suite 250

Winter Park, FL 32789

8.   Disclaimer of Warranties

CPOMP DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CPOMP DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. CPOMP DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY CPOMP ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

9. Limitation of Liability Regarding Use of Site

CPOMP AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF CPOMP TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

10. Dispute Resolution; Arbitration Agreement.

We will try work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and CPOMP agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including products and services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CPOMP are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and CPOMP.

If you desire to assert a claim against CPOMP, and you therefore elect to seek arbitration, you must first send to CPOMP, by certified mail, a written notice of your claim ("Notice"). The Notice to CPOMP should be addressed to: 339 Carolina Ave., Winter Park, FL 32789 ("Notice Address"). If CPOMP desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by CPOMP, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If CPOMP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CPOMP may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by CPOMP or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after CPOMP receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless CPOMP and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND CPOMP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CPOMP agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Orlando, Florida.

11. Revisions; General

CPOMP reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between CPOMP and you pertaining to the subject matter hereof. In its sole discretion, CPOMP may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.