Terms of Service
1. Overview of the Terms of Servic
1.1 For your convenience, these terms are available in both Spanish and English, but in case of any conflict, the English version will be definitive.
1.2 Terms that are capitalized are defined in the text of these Terms of Service or in Section 10.
1.3 The Company owns and operates the Market CMVC website. We offer you the opportunity to learn various skills through our online services and site functionality, as well as offline through downloads available on the site (collectively, the “Service”). The Service includes access to certain Courses offered by the Company (the “Courses”).
1.4 Below you will find a brief summary of certain terms and conditions included in these Terms of Service. However, this summary is provided solely for your convenience; therefore, you should read all the Terms of Service before accepting them.
You are granted the right to use the Service, subject to these Terms of Service. This right to use is limited to you as an individual (not as a partnership, business, or corporate entity), and it is non-transferable unless expressly consented to in writing by the Company. In order to fully utilize the Service, you will need to accept the end-user license agreement and terms and conditions for any other related software and hardware. Your refusal to accept the terms of such agreements may limit your ability to fully use the Service.
However, notwithstanding any other provision contained herein, the Service will be available for use upon registering your data along with payment for the Course, including corresponding renewals, unless otherwise stated in this document. The Service only works with your personal computer and compatible devices. To use the Service, you must register and open a Market CMVC Account. We reserve the right to make periodic updates to the Service, with or without prior notice. The Service includes functions related to security and misuse that, if activated, could render the content unavailable for use. You must be at least 18 years of age to accept these Terms of Service, with the understanding, however, that if you are under 18 years old, your parent or legal guardian may accept them on your behalf.
By using the Service, you authorize the collection, processing, and use of all information related to your use of the Service, which is collected and handled in accordance with the terms of our Privacy Policy. You understand that you may come across content that you find objectionable. We reserve the right, at our discretion, to change these Terms of Service at any time, without prior notice. In the event of any substantial changes, we will make all commercially reasonable efforts to notify you and obtain your consent before implementing such changes. Market CMVC makes certain statements and warranties related to the Service, to the maximum extent permitted by law, and limits its liability with respect to them.
If you have any questions about these Terms of Service or wish to contact us for any reason, please email us at: info@MarketCMVC.com; and if you are a student, send us your inquiry through the learning platform using the “Contact Us” link.
2. Permission to Use the Service;
Reservation of Rights By accepting these Terms of Service, you are granted a limited, non-exclusive, non-transferable, and non-sub-licensable right to enter, access, and use the Service solely for personal and non-commercial use. All rights not expressly granted to you in these Terms of Service are reserved by the Company and its licensors, as applicable. You agree that this permission is for your personal, non-commercial use, and that no one other than you will use the Service. You do not have the rights to copy or reproduce, in whole or in part, any portion of the Service, including, without limitation, the content of Market CMVC. Apart from the limited license granted in Section 2, you have no other rights, title, or interest in the Service. You understand and acknowledge that, in all circumstances, your rights with respect to the Service will be limited by applicable copyright or intellectual property laws and these Terms of Service.
3. Description of the Service
3.1 OVERVIEW.
3.1.1 Your Account and Registration Information. You may browse, view, and search within the Service without opening a Market CMVC Account or providing registration information. However, for any other use of the Service and access to the Courses, you will need to open an account on Market CMVC and provide registration information to the Company.
3.1.2 Access to Market CMVC Content. Ownership of Market CMVC content is further defined in Section 8 (Intellectual Property) of these Terms of Service. You may access Market CMVC content as many times as you want, provided that you have subscribed to the Service. You are not authorized to download support files unless explicitly specified. Any transfer of Market CMVC content is solely for your convenience and shall not constitute a grant, waiver (or any limitation or implication) of any copyright rights in Market CMVC content.
3.1.3 Additional Terms for Software and Hardware. Please note that there may be separate end-user license agreements and Terms of Service that you must accept for the hardware and software you use in connection with the Service or that may interact with the Service. Your refusal to accept the terms of such agreements may limit your ability to fully use the Service. Additionally, the Service only works with compatible devices.
4. Promotions
The Company, other CMVC entities, and certain third parties may, from time to time, place advertisements or present promotional offers and materials on or through the Service. Your participation in any promotion or offer is subject to the applicable rules related to the promotion. Your relationships with other entities or third parties, as well as your participation in promotions or offers from third parties that are advertised or appear on the Service, are solely between you and that third party.
5. Restrictions
The use of the Service by you is subject to the following restrictions:
5.1 Company’s Rules and Policies: By using the Service, you are subject to any other guidelines or rules applicable to specific services and features that may be published from time to time (the “Guidelines”). All Guidelines are incorporated by reference into these Terms of Service. These Guidelines shall apply generally and non-discriminatorily to all end users of the Service and may include, for example, updates, modifications, and required or automatic software reinstalls, as well as obtaining patches available to address security, interoperability, and/or performance issues, among other reasons. These updates, modifications, and similar operations may be performed periodically or as needed, without prior notice. Furthermore, you understand that certain aspects of the Service are capable of self-monitoring and may create a special system of identification for security and detection of improper manipulation purposes. Your access to certain applications may be subject to restrictions for security reasons or in accordance with consistently applied Market CMVC Content protection policies. You understand and agree that previously available Market CMVC Content may no longer be available for use.
5.2 Age Requirement: You must be at least 18 years of age to agree to and accept these Terms of Service on your own behalf. If you are under 18 years of age, your parent, guardian, or legal representative must accept these Terms of Service and register for the Service on your behalf. In accordance with the Children’s Online Privacy Protection Act (COPPA), and as amended from time to time, if you are under 13 years of age, you are requested not to provide any information to the Company, whether through the use of the Service, participation in any promotions, contests, or sweepstakes related to the Service, or through any other activity.
5.3 Prohibited Conduct: You shall not use the Service to transmit, display, perform, or otherwise make available messages, content, or materials that: (i) are illegal, obscene, threatening, unsolicited or “spam,” defamatory, invasive of privacy; or (ii) violate or infringe upon copyrights, trademarks, patents, trade secrets, and other intellectual property rights, privacy or publicity rights, communication regulations or statutes, or any other laws, including but not limited to laws regarding defamation, harassment, obscenity, and pornography; (iii) constitute political campaigns or sales or marketing solicitations or contain computer viruses or other computer code intended to interfere with the functionality of computer systems; or (iv) in any way harm minors. You agree not to disrupt or attempt to disrupt the operation or Service in any way. During the Course, students are expected to behave in an appropriate and respectful manner, considering a high standard of education and career progression towards other individuals. Any violation of the provisions herein shall be subject to review and appropriate actions that the Company decides to take, at its sole discretion, including the right to terminate the Service as provided in Section 9.3 of this document. Furthermore, you may not use a false email address or deceive other members regarding your identity or the origin of a message or content.
6. Billing and Charges
6.1 Payment Agreement. All users of the Service must first accept these Terms of Service, fill out a payment authorization, and subscribe to the Terms and Conditions of Purchase (“Purchase Terms”). You agree to pay all charges for products and services purchased through your Market CMVC account, in accordance with the charges and purchase terms in effect at the time payment is due. When you purchase a Course, you may choose to pay the associated fees for the Course (“Course Cost”) either: (1) in advance, which must be immediately paid to your Market CMVC account; or (2) if agreed upon by the company and you, the payment can be made on a monthly basis, based on a specified number of recurring monthly charges or in any other manner that requires multiple charges, all of which must be paid by you to keep your Market CMVC account active. If you have selected the monthly payment option but later wish to pay the full charge, you must contact us to determine the amount you need to pay for the remaining Course charges. Your obligation to pay all Course charges remains even after the closure of your Market CMVC account or the termination of these Terms of Service and the Purchase Terms associated with your account.
6.2 Refund Policy. After seven (7) days from the date of Course purchase, payments or charges made are non-refundable. Any refund owed to you by the Company will be credited to the credit card or instrument you designated the first time you made a purchase or incurred a charge on the Service, as stated in Section 6.4 of this agreement. Unless otherwise described here or in our Billing Terms, in effect at the time a charge is due, all payments are non-refundable. Charges made via credit card or bank transactions are non-refundable.
6.3 Termination. The Company reserves the right to terminate your Market CMVC account and/or your access to the Service if you violate the Terms of Service. If your Market CMVC membership and subscription(s) to the Service are terminated, fees and charges incurred prior to such suspension are non-refundable.
6.4 Bank and Credit Card Transactions. During the registration process, you may be asked to provide information about your credit card or bank account (your “payment instrument”). As a user of the Service, you agree that charges applicable to you, as well as any sales tax and any other charges incurred in connection with the use of the Service, may be made to your credit card or debited from your bank account, without the need for additional notice or consent.
6.5 If you use your payment instrument to make purchases on the Service, we may, with your consent, either charge your payment instrument individually or aggregate your charges with other purchases you make on the Service. All information provided in connection with the Service must be accurate, current, and complete. YOU WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT INSTRUMENT(S) THAT YOU EMPLOY TO MAKE PURCHASES OF Market CMVC SERVICES.
6.6 You agree to maintain sufficient funds in your payment instrument to satisfy any amounts you may owe to the Company. Additionally, you are responsible for maintaining the confidentiality of your Market CMVC account and will be responsible for any charges incurred by any other person through your Market CMVC account. All charges will be billed to the payment instrument you designate the first time you make a purchase or incur a charge on the Service. Any bank fees or charges reflected on your payment instrument by your financial or credit institution are your responsibility. If you change your billing information, you must update such information by contacting an advisor or representative of the Company using the number provided on the website or on the learning platform through the “Contact Us” link.
6.7 By providing your credit card information, bank account, or other payment method to the Company, you acknowledge and agree that we may store the payment instrument information until you close your Market CMVC account, as established in the Privacy Policy, unless you request the Customer Care of Market CMVC to delete your credit card and/or bank account information, in which case it will be removed as stipulated in the Privacy Policy. By providing your payment instrument information to the Company, you consent that we may keep your credit card or bank account information in our records until your Market CMVC account is closed as specified in the Privacy Policy, unless you request the Customer Care of Market CMVC to remove the information regarding your credit card, in which case it will be removed according to the Privacy Policy. By providing your payment instrument information to the company, you agree to consult the terms and conditions imposed by the issuer of your payment instrument regarding notification requirements and liability limitations that may apply in case of loss, theft, or unauthorized use of your payment instrument. You agree that you, and not Market CMVC Inc. or its Affiliates, will be solely responsible for payment of all amounts billed to your credit card by unauthorized third parties. You agree not to provide information about any payment instrument that has not been issued in your name.
6.8 Transaction Taxes. Purchases in the Service may include sales tax or value-added tax (where applicable) or charges on bank transactions, and these taxes or charges will be based on the best available information about your tax address. In such cases, the tax rate in effect at the time of the purchases in the Service will apply. If the applicable sales tax rate changes before the completion of the corresponding purchases, the new tax rate in effect at the time of the purchase in the Service will apply. Other limitations and disclaimers regarding products and services may apply. You will be solely responsible for paying all such taxes in full.
6.9 Right to Change Prices. All prices related to the Service are subject to change by the Company at any time, without prior notice and without any liability towards you. The Company does not offer price protection or refunds in case of price drops or promotional offers.
6.10 Free Trials or other Promotions. In accordance with clauses 4 and 12 of these Terms of Service, any free trial of the Service or other promotional activity that the Company may make available to you must be used during the specified trial period. At the end of this period, your use of the service will expire, and any further use of the service is prohibited unless you cancel the applicable charges.
7. Special Notifications
As a user of the Service, please take note of the following:
7.1 Privacy. By registering for the Service, you consent to the collection and processing of all information related to your use of the Service, including Registration Information. The Company collects and handles this information in accordance with the terms of the Privacy Policy, which is expressly incorporated into these Terms of Service by reference. By accepting these Terms of Service, you also accept the Privacy Policy, which is available on the Company’s website.
7.2 Accuracy of information. You represent and warrant that all information (including Registration Information and responses to surveys and polls) you provide to the Company is accurate, complete, and current, and you agree to update such information when necessary. You also acknowledge that any information provided by you to the Company will not violate any laws or regulations or infringe upon the rights of third parties.
7.3 Residency certification and capacity to enter into contracts. By opening a Market CMVC Account, you represent and warrant to the Company that you reside in the territory indicated in your profile and have the capacity to enter into contracts in accordance with the laws of your jurisdiction.
7.4 Nature of Content. You understand that by using the Service and accessing Market CMVC Content, you may encounter materials that you may consider explicit, offensive, or otherwise objectionable. The Company may include, if available, information related to ratings, content type, and descriptions, if provided by the corresponding owners of Market CMVC content. However, the Company is not responsible for the accuracy of such information. You agree that, regardless of whether the Service includes parental control features or the frequency of their use, (a) it is your responsibility to determine which Market CMVC Content or materials meet your standards, and (b) under no circumstances will the Company or its affiliates or content providers be liable in any way for any Market CMVC Content or materials to which you have access. You agree to use the Service at your own risk and that the Company and its affiliates shall have no liability to you regarding any content or materials included in the Service.
7.5 Risk of use. Neither the Company nor its affiliates shall assume any responsibility and shall not be liable for any damage or virus that may cause harm to your computer or other property as a result of accessing, using, downloading, or browsing the Service.
7.6 Links to Third-Party Websites; RSS News. The Company is not responsible for the content or availability of RSS news or websites related to the Service, nor for third-party websites that have links to or from the Service. Your access to RSS news and links to other websites is entirely at your own risk. All RSS news and links are provided for your convenience only and should not be construed as an endorsement by the owner/sponsor of the site. The Company disclaims any warranties, whether express or implied, regarding the accuracy, quality, or any other aspect of any material or information contained in such RSS news and websites.
7.7 Market CMVC – Talent Connect. The Company may provide you with professional career services (hereinafter referred to as “Market CMVC – Talent Connect” or “Talent Connect”), which are part of these Terms of Service and apply to you and any potential employer (“Employer”) using our site or purchasing the Market CMVC Resumes Program associated with Market CMVC – Talent Connect (the “Program”), available through the Company’s designated website for Market CMVC – Talent Connect Services (the “Site”), or as otherwise indicated by your acceptance for the Program.
7.7.1 The Program. Market CMVC provides you with temporary and limited access to use the Program for individuals who wish to publish their resumes on the Site and/or those interested in creating a professional resume using the Program
7.7.1 The Program. Market CMVC provides temporary and limited access to the use of the Program to individuals who wish to publish their curriculum vitae on the Site and/or to those interested in creating a professional curriculum using the Program (hereinafter referred to as “Curriculum Owners”). Similarly, the Program will be available to all Employers who wish to hire Market CMVC – Talent Connect Services through the Site, subject to all guidelines, policies, and other terms and conditions established by the Company. In connection with the Program, Market CMVC may send you electronic correspondence as an individual interested in job offers (the “Interested Parties” or “Job Seekers”), indicating in those communications possible job offers from some Employers that may potentially be compatible with the Curriculum Owner. The Company reserves the right to charge third parties a fee for accessing your professional information, including personal, academic, and employment information, as part of the Market CMVC – Talent Connect Services. The Company may also send your curriculum to third parties if you choose to apply for a job offer advertised by Market CMVC.
7.7.2 Contact Information and Curriculum. When you submit your contact information (such as your name and email address) and demographic, academic, and professional information to the Company, you agree that the Company may use this information for the Program in accordance with these Terms of Service. If applicable, you agree that the Company may, as part of the services for you, communicate with you and connect you with a potential Employer through your Market CMVC account or through other means such as email, phone (including your mobile phone), or traditional postal correspondence based on the contact information you may have provided to the Company, or that the Company may have obtained from third parties to whom you have given prior consent. To the extent permitted by applicable law, Market CMVC, its affiliates, or designated agents may also use your contact information to (i) send you job alerts; (ii) create an account for you in the Program; and (iii) send you information about Market CMVC, including promotional materials and job alerts. A job alert is defined as an email sent to you to provide job listings in response to: i) a search query you have executed through Market CMVC’s Talent Connect services; or ii) a job position that Market CMVC may have identified for the Job Seeker based on matches between their Curriculum and an Employer’s job offer (collectively, the “Job Alert”).
7.7.3 Job Alerts. Job Alerts may also include jobs that Market CMVC obtains from third parties. The Company may use your demographic and/or profile data to tailor your experience on the Site, show you content that Market CMVC believes may be of interest to you, and display content according to your job and professional preferences, which will be included on the Site when you upload or edit a curriculum using the Program. To the extent that you upload your curriculum vitae or edit it through the Program’s means in order to contact Employers who may be interested in you as a potential employee, you will be making your personal and employment information available to the Company and third parties. In turn, the Company may index your Curriculum on search engines with Job Alerts with which the Company has a commercial collaboration agreement. Occasionally, the Company may use job search engines such as LinkedIn, CareerBuilder, TheLadders, Glassdoor, Monster, OCC, among others, which in no way endorse, direct, or manage the Market CMVC site, the Talent Connect Service, or the Program.
7.7.4 Curriculum Search. You acknowledge that the Company may determine whether the words in your Curriculum or those of other individuals match the keywords of certain job descriptions included in Job Alerts, and vice versa, to improve the Site or any other product or service of the Program available to you and Employers. In accordance with the foregoing, if you post a Curriculum in the Program available on the Market CMVC site, search engines may track it and display it when someone searches for your name. This means that third parties could see the personal information contained in your resume and you could receive unsolicited contacts from parties not affiliated with Market CMVC. If this happens, the Company is not responsible for any burden or cost of any nature, against you, Employers or any third party with a direct or indirect interest.¹
7.7.5 Opt-Out of Program. If you do not want your personal information or your Curriculum to be published on the site, you should not upload it to the Site. If you have already uploaded your Curriculum, you can opt out of this feature at any time by sending an email to unsubscribe@Market CMVC.com. However, Market CMVC does not guarantee how often third-party search engines will update their caches, which could continue to display information from your Curriculum.¹
7.7.4 Curriculum Search. You acknowledge that the Company may determine whether the words in your Curriculum or those of other individuals match the keywords of certain job descriptions included in Job Alerts, and vice versa, to improve the Site or any other product or service of the Program available to you and Employers. In accordance with the foregoing, if you post a Curriculum in the Program available on the Market CMVC site, search engines may track it and display it when someone searches for your name. This means that third parties could see the personal information contained in your resume and you could receive unsolicited contacts from parties not affiliated with Market CMVC. If this happens, the Company is not responsible for any burden or cost of any nature, against you, Employers or any third party with a direct or indirect interest.
7.7.5 Opt-Out of Program. If you do not want your personal information or your Curriculum to be published on the site, you should not upload it to the Site. If you have already uploaded your Curriculum, you can opt out of this feature at any time by sending an email to unsubscribe@Market CMVC.com. However, Market CMVC does not guarantee how often third-party search engines will update their caches, which could continue to display information from your Curriculum.
7.7.6 Notification to Employers.
(a) Employer Information. Employers acknowledge, declare, and warrant that all information they provide to Market CMVC is correct and up to date. Furthermore, by accepting these Terms of Service, Employers declare that they hold the Company harmless from any liability regarding the lack of capacity of any of their employees, agents, and representatives who accept these Terms of Service. For the Company, it will suffice for acceptance to come from an individual with a corporate email address that identifies the Employer.
(b) Employers shall not use any information obtained from the Site, except for internal use and solely for selecting eligible candidates for Job Alerts and for contacting Curriculum owners through the Market CMVC Program, with the purpose of filling their potential job vacancies. It is expressly prohibited to use any product or system intended to: i) extract information from Curriculum owners; or ii) circumvent Market CMVC systems. The use of such systems will result in immediate termination of access to the Program. Additionally, Employers acknowledge that as a feature of the Program, Market CMVC may send emails to Curriculum Owners referencing the Employer’s name and their Job Alerts that potentially match certain Curricula. When communicating with these Interested Parties, Market CMVC does not guarantee that they will receive the electronic communications with job offers from your company, that they will read said message, that they will act upon said message, or that any of the Curricula available in the Program are valid, accurate, or complete in any aspect. In the event that phone numbers are provided by the Interested Party, Market CMVC does not guarantee their validity, accuracy, and cannot confirm whether these numbers correspond to landlines or cell phones. Employers acknowledge, declare, and warrant that in the event of finding matches between Job Alerts and Curricula, they will only contact Interested Parties for the purpose of discussing relevant job opportunities and not for making unsolicited sales of products and/or services. It is the sole responsibility of Employers to comply with all guidelines of the TCPA laws in force in the United States of America, including any other laws against automated dialing systems known as “robocalls.”
(c) Compensation for Market CMVC. Employers agree that, by acquiring access to the Program and Talent Connect services managed by the Company, the compensation they will provide to Market CMVC as consideration for the services received will be in kind through the granting of an express authorization for the benefit of “CMVC” to make limited and non-exclusive use of the Employer’s name, trade logo, or distinctive mark for advertising purposes on Market CMVC Sites and web pages intended to promote the Program and Market CMVC’s Talent Connect services.
(d) Special Limitation of Liability. Without prejudice to any other provision of these Terms of Service, the availability of the Program and Market CMVC’s Talent Connect services are provided “AS IS” and “AS AVAILABLE.” The Company and its affiliated companies expressly disclaim all warranties, whether express or implied, including, without limitation, any warranty of performance, merchantability, suitability, lack of response from Interested Parties, or any other reason for non-compliance by Interested Parties regarding a job offer initiated by the Employer.
8. Intellectual Property
8.1 Trade Secrets and Proprietary Materials. The Service contains and/or incorporates trade secrets, patented inventions (and/or pending patents), and/or proprietary materials and intellectual property of the Company and/or its licensors. All title and ownership rights in the Service, including, without limitation, the Market CMVC content and any copies related to the Service and Market CMVC content, remain with the Company and its licensors, as applicable. You agree to keep confidential any non-public information contained in the Service and not to disclose such information to third parties without the prior written approval of the Company.
Students are not authorized to attempt to reconfigure, decompile, or reverse engineer the Market CMVC website, the Service, and/or the Market CMVC content.
8.2 Copyrights. The Market CMVC Content and other copyrighted works found in the Service or part of it (collectively, the “Content”) are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You may not make unauthorized copies or use any part of the content except as specified herein and in accordance with applicable law. All titles and copyrights in the Content and the Service (including, without limitation, images, illustrations, graphics, photographs, animations, videos, audio, music, text, scripts, applets, files, URLs, documents, and interactive features included or available through the Service) are owned by the Company or its licensors. You agree to comply with all applicable copyright protection laws regarding your use of the Service and its content. In addition to what is stipulated in these Terms of Service, the Company may take appropriate measures to protect the copyrights in the content.
8.3 Trademarks. You may not use any of the trademarks found within the Service, except as specified herein and in accordance with applicable law. You may not copy, display, or use any trademarks without the prior written permission of the owner. Any unauthorized use may violate trademark laws, privacy and publicity laws, as well as civil or criminal laws. The trademarks listed below are registered trademarks of the Company, its direct or indirect parent companies, and/or its affiliates, licensors, or third-party owners. Nothing in the Service should be interpreted as granting, by implication or otherwise, any license or right to use any trademark. Please note that the following list of trademarks is periodically updated. Therefore, neither this list nor its updates include all trademarks.
8.4 Company’s Rights Regarding the Materials You Post. By submitting messages, opinions, inputting data, or engaging in any other form of communication through the Service (if allowed by the Company) or through the Company’s official social media channels, you declare that you have all the rights to post such materials, that they do not infringe upon the rights of third parties, and that you agree that the Company may copy, sublicense, adapt, transmit, publicly perform, or display any such content to provide and/or promote the Service and/or respond to any legal requirement, demand, or threat. If the Company’s use of such content involves any ownership rights you may have over such material, you agree that the Company has an unrestricted, royalty-free, non-exclusive, and perpetual right to use this content worldwide. You agree that any loss or damage of any kind resulting from the use of any message, content, or material that you upload, post, transmit, display, or otherwise make available through your use of the Service is solely your responsibility. Similarly, you are solely responsible for monitoring and protecting any intellectual property rights you may have over the content you post on social media, including but not limited to messages, texts, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other elements. The Company has no responsibility or liability in this regard.
8.5 Action for Intellectual Property Infringement. If the Company receives a notice alleging that you have engaged in conduct that violates any intellectual property rights of the Company or its affiliates, or of a third party, or if it reasonably suspects this to be the case, the Company may suspend or terminate your access to the Service without prior notice. If the Company acts under this section, it shall have no liability to you, including for any amount previously paid or any credits you may have in the Service.
8.6 Compliance with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that materials submitted by a user or other non-Company materials infringe upon your rights, you may send a notification in accordance with the Digital Millennium Copyright Act (DMCA) by providing our copyright agent (as indicated below) with the following in writing (see 17 U.S.C § 512(c)(3) for further details): (a) a physical or electronic signature of the authorized person acting on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and reasonably sufficient information to permit Market CMVC to locate the material; (d) reasonably sufficient information to allow Market CMVC to contact the complaining party, such as an address, telephone number, and, if available, an email address where the complaining party can be contacted; (e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8.7 Ownership and Use of Student Work. Notwithstanding the provisions of section 8.4 of these Terms of Service, the Company acknowledges that users of the Market CMVC Entrepreneurship Course (“Students”)
9. Standard Terms
9.1 Remedies. You agree that any unauthorized use of the Service and any technology contained therein could cause irreparable harm to the Company for which monetary damages would not be sufficient compensation. Therefore, in such a case, the Company shall be entitled, in addition to other remedies available under law and in equity, to immediate injunctive relief against you to prevent any unauthorized use. Nothing in this Section or elsewhere in these Terms of Service shall be interpreted as limiting the remedies available to the Company under any independent legal authority for legal or other claims. You understand and agree that the cancellation of your Market CMVC account is your sole right and remedy with respect to any dispute with the Company.
9.2 Indemnification. You agree to defend, indemnify, and hold the Company harmless from any and all claims, losses, damages, liabilities, deficiencies, judgments, liens, fines, costs, and other expenses (including reasonable attorney’s fees) arising out of or in connection with your use of the Service or any breach by you of these Terms of Service, and agree to reimburse the Company, upon request, for any loss, cost, or expense they incur as a result.
9.3 Term; Termination. The term of these Terms of Service shall remain in effect until terminated as described herein. These Terms of Service and the rights you have to access, download, and use the Service are subject to immediate termination, without prior notice, (a) if you breach (or the Company reasonably suspects you have breached) any provision of these Terms of Service, or (b) upon the Company’s discontinuation of the Service’s distribution or support. If such immediate termination is expressly prohibited by applicable law, then termination shall occur upon notice of any such breaches. Upon termination, you must cease all use of the Service. If the Company terminates these Terms of Service or suspends your Market CMVC account for any of the reasons stated in these Terms of Service, the Company shall have no obligation or liability towards you and shall not refund any amount you have previously paid.
9.4 LEGAL NOTES; LIMITATION OF LIABILITY.
9.4.1 YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND BY THE COMPANY OR ITS AFFILIATES, AS APPLICABLE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, CAPACITY, TIMELINESS, OR OTHER ASPECTS. YOU SHALL NOT HOLD THE COMPANY OR ITS AFFILIATES LIABLE FOR ANY DAMAGES ARISING FROM YOUR ACCESS (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO ANY COMPUTER, SOFTWARE, SYSTEMS, OR REGISTERED PORTABLE DEVICES YOU USE TO ACCESS THE SERVICE. THE OPERATION OF THE SERVICE IS NOT WARRANTED TO BE UNINTERRUPTED OR ERROR-FREE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, PROVIDED BY ANY PERSON SHALL CONSTITUTE ANY WARRANTY RELATING TO THE COMPANY OR ITS AFFILIATES.
9.4.2 THE COMPANY DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH ANY PERSONAL COMPUTER, CD OR DVD PLAYER, CD OR DVD RECORDER, OR REGISTERED PORTABLE DEVICES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SYSTEMS WORK CORRECTLY WITH THE SERVICE; AND UNLESS OTHERWISE INDICATED BY THE COMPANY, THE USE OF MOBILE APPLICATIONS IS LIMITED TO THE CORRESPONDING DEVICE AND/OR APPROPRIATE OPERATING SYSTEM TO ACCESS THE MOBILE APPLICATION. THE COMPANY ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR LACK OF AVAILABILITY OF THE APPLICATION OR ANY DIFFICULTY OR INABILITY TO DOWNLOAD OR ACCESS MOBILE CONTENT OR ANY OTHER COMMUNICATIONS SYSTEM FAILURE THAT MAY RESULT IN THE MOBILE APPLICATION BEING UNAVAILABLE.
9.4.3 THE SERVICE MAY CONTAIN POINTS OF VIEW, ADVICE, STATEMENTS, AND OPINIONS THAT REPRESENT THE VIEWS, ADVICE, OPINIONS, AND STATEMENTS OF INDIVIDUAL AUTHORS AND NOT NECESSARILY THOSE OF ANY AFFILIATED COMPANY. THE COMPANY DOES NOT WARRANT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY POINT OF VIEW, ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION PROVIDED BY SUCH AUTHORS. SUCH POINTS OF VIEW, OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION ARE SOLELY THOSE OF THE AUTHORS AND CANNOT BE ATTRIBUTED TO THE COMPANY OR ITS AFFILIATES. THE RELIANCE YOU PLACE ON SUCH POINTS OF VIEW, OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION IS ALSO AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE TO ANYONE FOR ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, TIMELINESS, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT, INTEGRITY, DELETION, DEFECT, MALFUNCTION, COMMUNICATIONS LINE FAILURE, ALTERATION, OR USE OF THE AUTHOR’S WORKS, REGARDLESS OF THE CAUSE, OR FOR ANY DAMAGES ARISING THEREFROM. THE COMPANY ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR VIRUSES THAT MAY DAMAGE YOUR COMPUTER OR OTHER PROPERTY, DUE TO YOUR ACCESS OR USE OF THE AUTHOR’S MATERIALS.
9.4.4 UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, CONSEQUENTIAL, EXEMPLARY, MEASURED, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, REGARDLESS OF THEIR CAUSE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE TERMS OF SERVICE, OR THE SUBJECT MATTER OF ANY OF THE FOREGOING, UNDER ANY THEORY OF LIABILITY, INCLUDING, AMONG OTHERS: (1) DAMAGES ARISING FROM LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OF THE SERVICE AND ANY RELATED DOWNLOADS OR EQUIPMENT, DOWNTIME, AND USER TIME, EVEN IF THE COMPANY AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (2) DAMAGES ARISING FROM YOUR USE OF THE SERVICE THAT VIOLATES THESE TERMS OF SERVICE, IN PARTICULAR THE LIMITATIONS REGARDING USE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR THE UNAUTHORIZED USE OF ANY CONTENT OR THE USE OF THE SERVICE TO DEVELOP, DISTRIBUTE, OR USE ANY MATERIAL THAT IS DEFAMATORY, LIBELOUS, INSULTING, OR OBSCENE, THAT GIVES A FALSE IMPRESSION OF ANY PERSON, THAT CONSTITUTES AN INVASION OF ANY RIGHT TO PRIVACY OR AN INFRINGEMENT OF ANY RIGHT TO PUBLICITY, THAT VIOLATES OR INFRINGES UPON THE RIGHTS OF ANY THIRD PARTY, OR THAT VIOLATES ANY FOREIGN, FEDERAL, STATE, OR LOCAL LAW OR REGULATION.
9.4.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOUR CASE. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LEGAL NOTICE OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREIN IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE IN LAW AND EQUITY UNDER SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE. UNDER NO CIRCUMSTANCES SHALL SUCH DAMAGES AND LIABILITY OR THE COMPANY’S TOTAL LIABILITY EXCEED THE FEES PAID BY YOU IN THE LAST 12 MONTHS OR $10, WHICHEVER IS GREATER.
9.5 The Company’s Right to Change these Terms of Service. The Company reserves the right, at its discretion, to change, modify, add, or remove parts of these Terms of Service at any time, without prior notice to you. All changes will take effect immediately. In the event of any substantial change, we will make commercially reasonable efforts to notify you and obtain your consent before implementing such changes. We recommend that you periodically review these Terms of Service to see if any changes have been made. Your continued use of the Service after the posting of such changes implies your acceptance of them.
9.6 The Company’s Right to Make Changes to the Service. The Company may add, change, terminate, remove, or suspend any material incorporated into the Service, including features, prices, and specifications of products described or reviewed in the Service, temporarily or permanently, at any time, without prior notice and without any liability. Additionally, the Company and/or the owners of Market CMVC Content may, from time to time, withdraw Market CMVC content from the Service without prior notice, and the Company may at any time lose the right to make certain Market CMVC content available. In such case, you will no longer be able to access or view certain Market CMVC content.
9.7 Applicable Law and Territorial Jurisdiction. These Terms of Service and your use of the Service shall be governed by the laws of the State of Florida, excluding (i) principles of conflicts of laws, (ii) the United Nations Convention on Contracts for the International Sale of Goods, (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, and (iv) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. You agree that any claim or dispute with the Company or any Affiliate, arising out of or relating to these Terms of Service, the Service, or your use thereof, shall be filed in an appropriate state or federal court located in Miami-Dade County, Florida. You consent to the exclusive jurisdiction and venue of such courts and waive any objection as to the jurisdiction, inconvenient forum, lack of personal jurisdiction, sufficiency of service of process, or similar grounds in any of such actions or litigations. THE PARTIES SHALL NOT SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, AND HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL AND/OR ANY DEFENSE OF INCONVENIENT FORUM, IMPROPER VENUE, LACK OF PERSONAL JURISDICTION, SUFFICIENCY OF SERVICE OF PROCESS, OR OTHER SIMILAR REASONS IN ANY SUCH ACTION OR LITIGATION. To the extent permitted by law, the provisions of these Terms of Service shall supersede provisions of the Uniform Commercial Code and the Uniform Electronic Transactions Act as adopted or applied to the Service in any competent jurisdiction.
9.8 Entire Agreement and Severability. These Terms of Service, the Privacy Policy, the Purchase Terms, and the payment authorization (including any modifications or revisions made by the Company to any of these documents) together constitute the entire agreement between you and the Company with respect to their subject matter and supersede all prior and/or contemporaneous agreements and understandings, whether written or oral, between you and the Company regarding the subject matter herein. Except as expressly provided herein, these Terms of Service may not be amended, modified, or supplemented in any manner by the parties, except by a written instrument signed by an authorized executive of the Company. If a court of competent jurisdiction determines that any part of these Terms of Service is invalid or unenforceable, the remainder of these Terms of Service shall be interpreted in a manner that reasonably reflects the intent of the parties. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or content of any section. No provision of these Terms of Service shall be deemed waived (by any act or omission) unless such waiver is in writing and signed by an authorized executive of the Company. These Terms of Service shall be binding upon and inure to the benefit of the parties’ successors and assigns, provided that you may not assign or transfer these Terms of Service, in whole or in part, without the prior written consent of an authorized executive of the Company.
9.9 Subsequent Owner of the Service; Company Merger/Acquisition. By using the Service, you agree that the Company or one of its companies may, in the event of a merger, acquisition, or sale of the Service, or all or a substantial portion of the Company’s assets, assign its rights and obligations in connection with the Service to a subsequent owner or operator. In the event of such merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Service Terms and the privacy policy of the subsequent owner or operator of the Service.
9.10 Survival. The paragraphs in these Terms of Service titled “Indemnification,” “Limitation of Liability,” “Choice of Law and Jurisdiction,” “Charges and Billing,” “Company Rights to Materials You Post,” “Remedies,” and “Disclaimers” shall survive their termination.
10. Definitions
“Affiliates” means the Company and its direct and indirect affiliated companies that are dependent on the same parent company, including their agents, employees, licensors, distributors, business partners, suppliers, and other affiliates (and each of the respective executives, directors, employees, and agents of the aforementioned entities). “Market CMVC Account” means a user account registered on the Service.
“Market CMVC Content” means the music, images, text, and other materials that you may obtain or access digitally through the Service, the content of which is owned by the Company or third-party licensors.
“Privacy Policy” means the Company’s Privacy Policy that you can access by clicking on the link located at the bottom of the Service’s main page, which may be amended, modified, or revised from time to time by the Company as indicated in the terms of the Privacy Policy.
“Registration Information” means the information that you provide to the company or the Service when registering for a Market CMVC account and during the installation process you undergo to use the Service (including a unique member (user) name, a password, and your valid email address).
11. Questions
If you have any questions or comments about these Terms of Service, please do not hesitate to contact us by phone at the numbers listed on our website, or send us an email at info@MarketCMVC.com. We reserve any rights not expressly granted in this document.
12. Current Promotions
13. Below you will find detailed information about the promotion we have created for you.
If you have any questions, remember that you can always contact the CMVC support team, hereinafter referred to as “Market CMVC,” who manages, monitors, and offers this Offer, (hereinafter the “Promotion”) and with its main address at 11401 SW 40 Street, Suite 150, 1st Floor, Miami, FL – United States of America, through the contact number published on our website https://www.marketcmvc.com/ (“Website”).
The Promotion consists of purchasing one (1) certificate to obtain all available certificates from one of the careers offered by Market CMVC. The available careers in which you can participate are: Marketing, Web, Mobile, Design, Business, Information Technology or “IT,” and Cloud (the “Careers”). The promotion is valid in all countries, except Brazil and those where this promotional activity is prohibited by any legal provision, for all adults who wish to enroll in any of the Careers and provide their personal information by completing the registration form available on the Website, as well as for those who contact the customer service center directly through the telephone numbers provided on the Website (the “Participant”). During the sales process, the Participant must mention that they have seen the advertising banner “Market CMVC Bundle.” The Promotion cannot be combined with any other offer or promotion, and it cannot be sold, transferred, or assigned. The Promotion has no cash value and cannot be redeemed for cash. In the event of being entitled to a refund, it will not include the discount or its redemption value, and the Participant will not receive an amount exceeding what they have paid in relation to the purchase price.
The Promotion will be valid from the first day of January (1) until the thirty-first day of December (31), two thousand twenty-three (2023), starting at 00:01 and ending at 23:59, both dates inclusive (hereinafter the “Term”). After this Term, the Promotion will be deactivated, and the aforementioned promotion will no longer be valid. Market CMVC may modify, revoke, or cancel this Promotion at any time and without giving any reason, which shall not generate any right to claim. This promotion is subject to the terms and conditions and the Privacy Policy of Market CMVC published on the Website.
Market CMVC shall not be responsible for any damage or virus that may cause harm to the computer or other property as a result of accessing, using, downloading, or navigating through the Careers. Likewise, it shall not be responsible for those Participants who cannot access the Internet or navigate for any period of time, regardless of whether the aforementioned is due to technical, hardware, software, Internet, computer viruses, or connection problems, or due to delay, interruption, or malfunction of any kind, including but not limited to, loss or unavailability of network connections or due to force majeure.
The progress in the Careers is the responsibility of each Participant, and Market CMVC will not interfere with it. Market CMVC may unilaterally cancel the Career without prior notice when it detects any fraudulent attempt or unsuccessful payment by the Participant.
For more information, please contact the numbers available on the website.