CMWare Terms of Use

Welcome to skyTuneZ! skyTuneZ, from CMWare, Inc. is the online uploading, storing, accessing, sharing and discovery service for digital media.

This skyTuneZ Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity or your qualified legal representative ("You" or "Member"), and skyTuneZ ("Us" "skyTuneZ" or "CMWare"). This document describes the terms and conditions that cover the use of the beta skyTuneZ service ("Service") and the beta skyTuneZ site, available at http://www.skyTuneZ.com (the "skyTuneZ Site" or "Site"). By registering for or using the Service or downloading any software from the Site, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this Agreement, and agree to be legally bound by this Agreement. If you do not agree to this Agreement, your sole recourse is to immediately stop all use of the Site and/or Service.

CMWare does not knowingly collect, solicit or maintain personally identifiable information or non-personally identifiable information on the skyTuneZ Site from persons under 13 years of age, and no part of the Site is directed to persons under 13. No one under age 13 is allowed to use the Site or provide any personal information to or on the Site. If you are under 13 years of age, then please do not send any information about yourself to us, or register for, use, or access the Site at any time or in any manner. If you believe that CMWare might have any information from or about a child under 13, please contact us at info@cmware.com.

If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use skyTuneZ, and you must have a parent or guardian assist in the completion of registration. In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use the Site and Service, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the skyTuneZ terms of service, and to abide by and comply with the skyTuneZ terms of service.

CMWare has established a Privacy Policy, explaining to its users how their information is collected and used. You can read the Privacy Policy by visiting: http://www.skyTuneZ.com. Your use of the Site and/or Service signifies acknowledgment of and agreement to CMWare’s Privacy Policy. You further acknowledge and agree that CMWare may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of CMWare, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. Users are solely responsible for the privacy of their own Member Content. The Site and Service are designed for users to use privacy settings to determine the visibility of data throughout the Service, and to limit its spread to other systems.

• Your Rights
  
  We have disclosed, and you understand and agree that: (i) the Site, the Enabling Software (defined below) and the Service are experimental, beta test versions that may contain bugs, defects and errors and (ii) the Site, the Enabling Software and Services are not expected to contain the functionality or functions of the versions that We may make available for commercial distribution ("Commercial Release").
  
  We hereby grant to you a non-exclusive, nontransferable right to access and use the Services during the term for your personal use. In addition, we hereby grant to you a nonexclusive, non-transferable, limited right and license to download, install and run the certain enabling software (the "Enabling Software") on your respective personal computer and any wireless mobile telephone, wireless personal digital assistant or other compatible wireless personal mobile device, as applicable, solely for the purposes of accessing the Subscriber Content (defined below). You understand and acknowledge that the Services and Enabling Software are the property of CMWare, and you may not prepare derivative works of, modify, distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner the Services, the Site or any underlying software, technology or other information, including any printed materials of the same, unless expressly authorized hereunder. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms.
  
  
• Use of the Site and Service
  • Your Account
    
    In order to use certain features and functions of the Site and the Service, you must register and create an account. Once you register for the Service, you will have a username and password. Please note that CMWare may opt to disallow or remove a particular username or custom URL at its sole discretion. You may never use another user’s account without his/her permission. You are responsible for activity that occurs on your account and for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify CMWare of any unauthorized use of your account or any other breach of security known to you. Although CMWare will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CMWare or others due to such unauthorized use. Accounts are for personal, noncommercial use only. However, CMWare reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.
  • Payment and Charges
    
    In exchange for the rights granted herein, you agree to use good faith efforts to test, use, and evaluate the Site and the Service. We request that you report either orally or in writing any errors, problems, defects, or suggestions for changes and improvements to the Site or the Service (collectively, "Feedback") to us and work with us to resolve any problems with the Site or the Service.
    
    You acknowledge and agree that the Service is being provided to you without charge and solely in exchange for your Feedback concerning the Site and the Service.
  • CMWare´s Intellectual Property Rights
    
    All content (with the exception of Member Content, as defined below) of the skyTuneZ Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2005-08 CMWare, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of CMWare and/or its suppliers, affiliates, or licensors. All rights reserved.
    
    skyTuneZ, skyPod, skyTuneZ.com, and the skyTuneZ logo are, without limitation, trademarks, service marks or trademarks of CMWare, and may not be copied, imitated, or used, in whole or in part, without CMWare’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
    
    CMWare may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site and/or Service. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
  • Member Content
    
    CMWare does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the skyTuneZ Site or Service; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not CMWare, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or Service. To the extent that skyTuneZ provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, CMWare, its contractors, and the users of the skyTuneZ Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the skyTuneZ Site or Service. This license does not grant CMWare the right to sell Member Content or otherwise distribute it outside of the skyTuneZ Site or Service; provided, however that streaming of content on third party Web sites via embedded widgets shall not be deemed a distribution outside of the skyTuneZ Site or Service.
    
    You acknowledge and agree that the Service is provided for recreational purposes and is not intended to be a back-up system for Member Content. You should regularly back-up your Member Content and media and not rely on the Service as your means of backing up your Member Content and media. You shall have access to some of your Member Content and media through the Service and you shall be responsible for all changes to and/or deletions of your Member Content and media and the security of all passwords and other access protocols required in order to access the Services and Member Content and media.
    
    Member Content posted by users and other non-skyTuneZ contributors are generally not reviewed by CMWare. Accordingly, CMWare does not guarantee the accuracy, integrity or quality of such Member Content. CMWare will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that CMWare, in its sole discretion, deems to be (a) inconsistent with CMWare’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, CMWare has the right to remove any content if CMWare has reason to believe that displaying such content may infringe the rights of a third party or subject CMWare to expense or liability. Please notify us at violations@cmware.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
    
    CMWare reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit CMWare’s response to a future complaint. You acknowledge and agree that CMWare will not assume or have any liability for any action or inaction by CMWare with respect to any Member Content.
  • Copyrights, Trademarks, Patents and Intellectual Property Rights on Member Content
    
    You acknowledge that Member Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. CMWare respects copyright law and expects you to do the same. Member Content identified as belonging to a third party can be transmitted on the Site or Service so long as you obtain permission first and the ownership and rights are clearly indicated You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on skyTuneZ. CMWare will not tolerate known infringements or misbehavior by its users. It is CMWare’s policy to terminate the accounts of known repeat infringers. In addition, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders’ rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by law or by the copyright holder.
    
    If you believe that your work, including music content, has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify CMWare’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at violations@cmware.com, or CMWare, Inc. c/o Copyright Agent, 666 Plainsboro Rd, Suite 545, Plainsboro, New Jersey, 08536.
    
    Please provide our Agent with the following Notice:
    
    
    • Identify the copyrighted work or other intellectual property that you claim has been infringed;
    • Identify the material on the skyTuneZ service that you claim is infringing, with enough detail so that we may locate it on the service;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
    • Your address, telephone number, and email address; and
    • Your physical or electronic signature.
    
    CMWare’s Agent will forward this information to the alleged infringer.
  • Standards of Conduct
    
    We reserve the right to terminate an account when the user’s expression infringes on CMWare’s or other users’ rights, including intellectual property and privacy rights. We may also limit the conduct of users that other users find objectionable. Without limitation, CMWare reserves the right to terminate your access to and use of the skyTuneZ Site or Service if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the skyTuneZ Site from time to time. You hereby represent and warrant to the following:
    
    
    • You will not use skyTuneZ for any activity that violates applicable federal, state, local or international law, or for any unlawful purpose.
    • You will not use skyTuneZ for any activity that constitutes harassment.
    • You will not attempt to interfere with any other person's use of the Site or Service.
    • You will not use any other user’s personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.
    • You will not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise.
    • You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.
    • Unless otherwise authorized, You will not hold yourself out as sponsored by, endorsed by, or affiliated with CMWare.
    • You will not use the Site or Service for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.
    • You will not use the Site or Service to collect or harvest personally identifiable information, including account names.
    • You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
    • You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
    • You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, that are harmful to minors in any way.
    • You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available 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.
    • You will not attempt to gain unauthorized access to CMWare’s database or other computer systems or to circumvent, disable or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any Member Content.
    • You will not reformat or frame any portion of the Web pages that are part of the Site.
    • You will not use skyTuneZ for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Service.
    • You will not use the Site or Service or any information contained within for commercial gain. However, CMWare reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement.
    
    All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of CMWare.
  • Violations of Agreement
    
    You may report violations of the skyTuneZ standards of conduct, improper account use, identity theft, and all other violations of the terms of this Agreement, to violations@cmware.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
  • Data and Use
    
    We may capture certain data concerning You, Your computer, Your IP address, your system configuration, Your personal devices, and Your use of the Service, including the data, media or content you store, stream or download, the number of times that You do so, and where you are when You do so. We may use this data, and share it with third parties, for purposes of billing and collection, enforcement of your obligations and rights in the content, accounting and analysis, to administer and improve the Service, to make You aware of products and services in which You may be interested, and as required by applicable law or pursuant to governmental investigation or request. Your use of the Service constitutes Your consent for the collection, storage, use and sharing of such data.
  
  
  
• Representations and Warranties
  
  By completing the membership registration process, you are representing and warranting that:
  • You are over the age of majority and can form a legally binding contract under applicable law.
  • You have provided true, accurate, current and complete information about yourself as prompted in the registration process.
  • You are not using the Site or Service for any improper or illegal purpose, and that you will act in good faith in your relationships with CMWare and other users and will abide by the rules set forth by skyTuneZ or the community.
  
  
  
• Third Party Content, Sites, and Services
  
  The Site and/or Service contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Site and/or Service. We are not responsible for any third party content you access with the Site and/or Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Site and/or Service, including the delivery of and payment for goods and services.
  
  
  
• Security
  
  CMWare uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing your private Member Content or personal information.
  
  
  
• Disputes
  
  If there is a dispute between users or between users and any third party, you understand and agree that CMWare is under no obligation to become involved. In the event that you have such a dispute, you hereby release CMWare, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
  
  
  
• Disclaimer of Warranty
  
  CMWare does not represent or guarantee that the Enabling Software will successfully import or support all data or media or all data storage types. Likewise, CMWare makes no warranty that any particular device will be compatible with the Enabling Software or the Service. It is Your sole responsibility to ensure that your PC and storage devices will function correctly with the Service.
  
  CMWare intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, CMWare may make changes and improvements to the information provided herein at any time.
  
  CMWARE PROVIDES THE SITE, SERVICE AND ENABLING SOFTWARE TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU WILL NOT HOLD CMWARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) OR YOUR INABILITY TO ACCESS THE SERVICE OR USING OR INABILITY TO USE THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO CMWARE. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CMWARE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CMWARE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, CMWARE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
  
  
  
• Limitation of Liability
  
  UNDER NO CIRCUMSTANCES WILL CMWARE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER’S USE OR MISUSE OF THE SITE. SOFTWARE OR NETWORK, OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, CMWARE’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT OF TEN DOLLARS ($10). In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
  
  
  
• Indemnification
  
  You agree to indemnify and hold CMWare, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to (i) your use of the Site or Service, (ii) a breach of terms of this Agreement or your representations and warranties, (iii) your violation of any third party rights, including, without limitation, any intellectual property right (including copyrights, trademarks, service marks and other similar rights), trade secrets, privacy rights or rights of publicity, or (iv) your use of the Service or your storage, transmission, downloading, streaming, or other use of any data, media or content; or (v) any claim that any Member Content constitutes defamation, libel, slander, obscenity, fraud or any other tort. You agree to hold CMWare harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to your violation of this Agreement.
  
  
  
• Term and Termination
  
  Your use of the Service shall commence upon registration and shall terminate upon the earlier to occur of the following: (i) within 60 days of registration (the "Evaluation Period") or (ii) the date of CMWare’s first Commercial Release of the Service. However, we reserve the right to terminate this Agreement and all rights granted to you under this Agreement will terminate immediately, upon providing notice, and you agree that you will promptly discontinue use of the Site and Service.
  
  You agree that CMWare, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Member Content within the Service, for any reason, including, without limitation, if CMWare believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that CMWare will not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to access or use the Site, Enabling Software or Service after said termination. Sections 6-11 will survive termination of this Agreement.
  
  
  
• Modifications
  
  CMWare reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at CMWare´s sole discretion. The most up to date version of this Agreement will be posted on the skyTuneZ Site at: http://www.skyTuneZ.com, with the date of last modification noted at the end.
  
  As a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Modifications will become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Site to check if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any changes.
  
  You acknowledge that CMWare reserves the right at any time to modify or discontinue the Site or Service (or any features or parts thereof) with or without notice and that CMWare will not be liable to you or to any third party for any such modification, suspension or discontinuance.
  
  Should you object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Service or the Site or become dissatisfied with CMWare in any way, your only recourse is to immediately: (1) discontinue use of the Site and Service; (2) terminate your registration; and (3) notify CMWare of termination.
  
  Your continued use of the Site or Service following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our Site, please contact us at: info@cmware.com.
  
  
  
• General
  
  This Agreement constitutes the entire agreement between you and CMWare and governs your use of the Site or Service, superseding any prior agreements between you and CMWare. This Agreement will be governed by the laws of the State of New Jersey, without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Use will be filed in a court of competent jurisdiction sitting in Trenton, New Jersey. Both parties consent to exclusive jurisdiction in that county. The failure of CMWare to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  
  CMWare may give notice to you by email, a posting on our Site, or other reasonable means. You must give notice to CMWare in writing via email or as otherwise expressly provided by CMWare. CMWare may broadcast, distribute or display notices or messages on the Site or through the Service to inform you of changes to CMWare, skyTuneZ, skyPod, the Site or Service, or other matters of importance; such broadcast, distributions or displays will constitute notice to you.