Conditions
Last updated: October 6, 2011
Welcome to CimarronGroup.com. The Cimarron Group and/or its affiliates ("Cimarron") provide website features to you subject to the following conditions. If you visit CimarronGroup.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Cimarron service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control. Further, access to and use of this site is governed by these terms and conditions, as well as applicable laws, statutes, ordinances and regulations. By accessing this site, you agree to abide by the terms and conditions set forth below and acknowledge that any other agreements between you and Cimarron are superseded and of no force or effect. Cimarron reserves the right to change these terms and conditions at any time. You are solely responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your use of the site following any modification in these terms and conditions will signify your assent to and acceptance of the modified terms and conditions.
ELECTRONIC COMMUNICATIONS
When you visit CimarronGroup.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cimarron or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Cimarron and protected by U.S. and international copyright laws. All software used on this site is the property of Cimarron or its software suppliers and protected by United States and international copyright laws. This site is protected by U.S. copyright laws, and may be protected by the copyright laws of other countries and jurisdictions. Except as specifically permitted in these terms and conditions, any copy, reproduction, display, performance or retransmission of the contents of this site is strictly prohibited.
TRADEMARKS
CimarronGroup.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Cimarron in the U.S. and/or other countries. Cimarron’s trademarks and trade dress may not be used in connection with any product or service that is not Cimarron's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cimarron. All other trademarks not owned by Cimarron that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cimarron. Any use of any trademarks, service marks, trade names and logos in which Cimarron, its parent, subsidiaries, affiliates and/or divisions do business is strictly prohibited absent Cimarron’s prior written consent. In addition, the names, trade names, trademarks and service marks of third parties, including Cimarron’s clients, that appear on this site are proprietary to their respective owners and may be used only with their express written permission. Cimarron neither warrants nor represents that your use of materials displayed on the site will not infringe the rights of third parties.
LICENSE AND SITE ACCESS
Cimarron grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cimarron. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cimarron. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cimarron without express written consent. You may not use any meta tags or any other "hidden text" utilizing Cimarron's name or trademarks without the express written consent of Cimarron. Any unauthorized use terminates the permission or license granted by Cimarron. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CimarronGroup.com so long as the link does not portray Cimarron, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cimarron logo or other proprietary graphic or trademark as part of the link without express written permission.
COPYRIGHT COMPLAINTS
Cimarron respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
UNSOLICITED MATERIALS
Please note that it is Cimarron’s policy not to accept or consider unsolicited creative, production-related or other materials of any kind. We appreciate your cooperation in adhering to this policy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CIMARRON ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CIMARRON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CIMARRON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AS TO: (A) THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS ON THE SITE AND ASSUME NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT; (B) THE AVAILABILITY FOR USE OF ANY COPYRIGHTED, TRADEMARKED OR PROPRIETARY MATERIALS OF THIRD PARTIES THAT MAY APPEAR IN THIS SITE; (C) COMPUTER VIRUSES OR OTHER BUGS THAT THIRD PARTIES MAY EMBED IN OR ATTACH TO THIS SITE WITHOUT CIMARRON’S KNOWLEDGE OR CONSENT; (D) ANY SOFTWARE MADE AVAILABLE FOR DOWNLOADING, COPYING OR OTHER USE THROUGH THIS SITE; OR (E) THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT OF ANY OR ALL OF THE CONTENTS OF THIS SITE. CIMARRON DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM CIMARRON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CIMARRON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
NEITHER WE NOR ANYONE INVOLVED IN THE CREATION OR DELIVERY OF THIS SITE OR WHOSE MATERIALS OR INFORMATION APPEAR ON THIS SITE SHALL HAVE ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STATUTE OR OTHERWISE) FOR ANY COSTS, LOSES, DAMAGES (WHETHER DIRECT, INDIRECT, COMPENSATORY, SPECIAL, LOST PROFITS, LIQUIDATED, CONSEQUENTIAL OR PUNITIVE), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, BROWSING OF OR USE OF THIS SITE OR ANY OF THE CONTENTS OF THIS SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
USE OF SITE MATERIALS
All of our (and our clients) proprietary documents, images, designs and information, including information about our businesses, biographical information of our officers and other public information posted about our company on this site may not be copied, reproduced, downloaded and used without Cimarron’s written permission. If you would like to use, copy, upload or retransmit any of Cimarron’s proprietary materials, please contact Cimarron for written permission. The contents of this site may contain documents, images, information and other materials not proprietary to Cimarron, such as photographs, clip art, film clips, musical passages, audio track or sound effects elements, or the names, trade names, trademarks, logos or designations of third parties. Any use whatsoever of any of these third party materials is strictly prohibited, unless the prior written permission of the appropriate third parties has been secured.
DISPUTES
Any dispute or claim relating in any way to your visit to Cimarrongroup.com or to products or services sold or distributed by Cimarron or through Cimarrongroup.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Cimarron. The arbitration will be conducted by ADR-Services (http://www.adrservices.org) under the current ADR Services, Inc. Arbitration Rules which are available at http://www.adrservices.org/rules.php or by calling 1-213-683-7600. Payment of all filing, administration and arbitrator fees will be governed by ADR Services, Inc.’s rules. The prevailing party in the arbitration shall be entitled to reasonable attorneys’ fees and costs as determined by the arbitrator. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Los Angeles County, California or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
LINKS
The sites to which links are provided on Cimarron’s website are not under Cimarron’s control. Cimarron does not assume any responsibility for the contents of any linked site, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this site and any other site should not be construed as an endorsement by either Cimarron or the owner or proprietor of the lined site to the other. Cimarron’s website may contain “links” to many sites, and Cimarron makes every effort to only link to sites that share its high standards and respect for privacy. However, Cimarron is not responsible for the content or the privacy practices employed by other sites.
APPLICABLE LAW
By visiting Cimarrongroup.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cimarron.
INFORMATION USE POLICY
Our website uses links that allow visitors to contact us via e-mail for a variety of purposes. We cannot guarantee or warrant the security of any data that you submit to Cimarron. Except for human resources information, Cimarron shall treat any data or information transmitted to Cimarron through this site as non-confidential and non-proprietary. Cimarron may elect to save such information, share it with third parties, or discard it entirely. However, Cimarron will use reasonable efforts to treat as confidential any e-mails, resumes, applications or inquiries sent to it for purposes of inquiring into potential employment with Cimarron. Any e-mail, resume or submission you send to Cimarron will be used only for internal purposes. Please be aware that submission of your resume or application may not be considered and Cimarron is under no obligation to respond to such solicitations. Cimarron is an equal opportunity employer.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to Cimarrongroup.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Cimarron
6855 Santa Monica Blvd.
Hollywood, CA 90038
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cimarrongroup.com with the written information specified below. Please note that this procedure is exclusively for notifying Cimarron that your copyrighted material has been infringed.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and e-mail address;
e. 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;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Cimarrongroup.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
ATTN: Charles Shumaker
Parker Shumaker Mills, LLP
801 S. Figueroa St.,
Ste. 1200
Los Angeles, CA 90017
USA
phone: (213) 622-4441
fax: (213) 622-1444
e-mail: Shumaker@psmlawyers.com