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Your Acceptance of Terms

The "Terms" consist of these Terms of Use, the AdvocacyToAction Privacy Policy and any supplemental terms or legal notices provided to you. These Terms govern your use of the "Sites and Services" (including all sites run by us now or in the future) offered by CD Solutions, Inc. ("CDS", "A2A", "Advocacy To Action", "us" and/or "our"), and constitute a binding legal agreement ("Terms") between you ("you" or "your") and CD Solutions, Inc. and its successors, subsidiaries, affiliates and partners. By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING THE SITES AND SERVICES. BY USING THE SITES AND/OR SERVICES, YOU AGREE TO THESE TERMS.

Privacy

Please review our Privacy Policy, which is also incorporated herein by reference.

Electronic Communication

The communications between you and CD Solutions, Inc. are electronic. You hereby consent to receive any and all communications from CD Solutions, Inc. in electronic form, via electronic mail ("e-mail"), text message ("SMS") or website page. You agree that all agreements, notices, disclosures, terms, conditions and other legal communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Eligibility

Your permission to use the Sites and Services is conditioned upon your agreement that you:

    • are of legal age in your current location to form a binding contract with CD Solutions, Inc.,
  • will comply with these Terms while using the Sites and Services,
  • are not prohibited, by law or prior notice from CD Solutions, Inc., from accessing our Sites and Services,
  • are not acting on behalf of anyone prohibited in the prior clause,
  • will only have, at most, one User Account with CD Solutions, Inc.,
  • shall take reasonable measures to ensure your User Account's safety, and
  • agree to be responsible for your use of the Sites and Services.

In addition, the following are prohibited without express, prior and written permission from CD Solutions, Inc.:
  • submitting false or purposely inaccurate information,
  • any commercial use of the Sites and Services, its Content or any User Content,
  • data mining, harvesting, screen scraping and the collection of Content from the Sites and Services, excluding that permitted by industry standard-compliant search engine access,
  • deep linking, framing or redisplay of any Content,
  • inteferring with the proper functioning and availability of the Sites and Services.
Any prohibited use shall immediately terminate any permission(s) to access the Sites and Services, and in such event, CD Solutions, Inc. may prohibit access to the Sites and Services at its leisure from your internet address ("IP Address") or network.

Delivery and Payment

If you have ordered and paid for a physical product from CD Solutions, Inc., we will indicate the timeframe in which we expect the product to arrive. If you have not received any further communication from us with updates, and your product is one week after the expected delivery date, please contact us at [email protected] or call (720) 204-1699 for assistance.

All payments are due immediately, and products or services will be not rendered or delivered until payment is received.

Refund and Returns

Only physical goods purchased from CD Solutions, Inc. are eligible for return or refund. Simply contact [email protected] for assistance, or call (720) 204-1699 to arrange to return the product and receive a full refund, minus any shipping costs.

Availability

You acknowledge that there may be interruptions or periods of unavailability of the Sites and Services for any reason, including unscheduled maintenance. You acknowledge that due to circumstances beyond our control access to the Sites and Systems may be interrupted, restricted, suspended or terminated. CD Solutions, Inc. retains the right to deny access to the Sites and Systems at any time and for any reason.

Modification of this Agreement

We reserve the right to discontinue or modify any part of these Terms at any time as we deem necessary or desirable. If we make changes that materially affect your use of the Sites and Services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and by posting notice of the change on the root page of Sites affected. Use of the Sites and Services after we update the Terms will constitute acceptance of the modified Terms immediately.

Copyright and Trademark

All contents of the Sites and Services are, unless otherwise stated, copyrighted under United States copyright laws and similar laws of other jurisdictions by CD Solutions, Inc. or our affiliates or partners. You may not, without prior written notice, copy, modify, reproduce, download or distribute any copyrighted content from the Sites and Services except as is provided expressly in the Terms.

The AdvocacyToAction logo and other AdvocacyToAction graphics, logos, page headers, buttons and styles are trademarks, registered trademarks or trade dress of CD Solutions, Inc. in the United States and/or other jurisdictions. All other trademarks not owned by CD Solutions, Inc. that appear on this site are the property of their respective owners.

Transmissions

While CD Solutions, Inc. will make every attempt to transmit faxes, emails and phone calls within one day of purchase, at no time shall CD Solutions, Inc., or any subsidiary, business partner, affiliates or successors be held responsible for failure to transmit these items within the given schedule.

Submissions

We may offer the opportunity to post user-generated content ("User Content") on the Sites and Services. By posting User Content on the Sites and Services, you agree not to submit any User Content on any of the Sites and Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. CD Solutions, Inc. reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any oA2Aions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and Services are those of the respective author(s) or distributor(s) and not of CD Solutions, Inc..

If you do post User Content, you grant CD Solutions, Inc. a non-exclusive, world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant CD Solutions, Inc. and our affiliates and partners the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity and that you will indemnify CD Solutions, Inc. for any and all claims resulting from User Content you post. CD Solutions, Inc. takes no responsibility and assumes no liability for any User Content posted by you or any third party.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER CD SOLUTIONS, INC., ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR OFFERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CD SOLUTIONS, INC. HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL CD SOLUTIONS, INC., ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL CD SOLUTIONS, INC.'S LIABILITY IN CONNECTION WITH AN OFFER OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH OFFER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

Applicable Law

By using, accessing or visiting the Sites and Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and CD Solutions, Inc. and its subsidiaries and successors.

Indemnification

You agree to defend, indemnify and hold harmless CD Solutions, Inc., its successors, subsidiaries, affiliates and partners and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Sites and Services or any use of the Sites and Services in violation of these Terms.

You are solely responsible for your interactions with Merchants and other users of the Sites and Services. To the extent permitted under applicable laws, you hereby release CD Solutions, Inc. and its successors, subsidiaries, affiliates and partners from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.