Terms and Conditions
These Terms and Conditions (the "Agreement") constitute a legally binding contract between Carmichael Industries ("Company," "we," "us," or "our") and you, the purchaser or user ("User," "you," or "your") of our digital products and services. This Agreement governs your access to and use of all digital products (the "Products") provided by Carmichael Industries.
By purchasing, downloading, accessing, or using our Products, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must refrain from purchasing, downloading, accessing, or using our Products.
1. DEFINITIONS
1.1 Digital Products: Any electronic goods, software, applications, digital content, or services sold or distributed by Carmichael Industries, including but not limited to e-books, software applications, digital subscriptions, downloadable content, and online services.
1.2 User: Any individual or entity that purchases, downloads, accesses, or uses Carmichael Industries' Digital Products.
2. LICENSE GRANT
2.1 Scope of License: Upon completing a purchase, Carmichael Industries grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the purchased Product solely for your personal, non-commercial purposes, subject to this Agreement and any additional terms specified at the time of purchase.
2.2 License Restrictions: The license granted herein is personal to you and may not be assigned, transferred, or sublicensed to any third party without Carmichael Industries' prior written consent.
3. PAYMENT AND REFUNDS
3.1 Payment: Full payment must be received before access to the Product is granted. Carmichael Industries reserves the right to change pricing at any time, with such changes applying to future purchases.
3.2 Refunds: You have the right to withdraw from the purchase of a Digital Product within fourteen (14) days of the purchase date without stating a reason, provided the Product has not been accessed, downloaded, or used in any manner. Once you access, download, or use the Product, you expressly acknowledge that you waive your right to withdraw from the purchase and are not entitled to a refund.
4. USER RESPONSIBILITIES
4.1 Compliance with Laws: You agree to use the Products in compliance with all applicable local, state, national, and international laws, rules, and regulations.
4.2 Prohibited Activities: You shall not, and shall not permit any third party to:
(a) Resell, redistribute, share, lease, lend, sublicense, or transfer the Product or any portion thereof;
(b) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Product;
(c) Remove, alter, or obscure any proprietary notices on the Product;
(d) Use the Product for any unlawful purpose or in any manner that could damage, disable, overburden, or impair Carmichael Industries' systems or networks;
(e) Attempt to gain unauthorized access to any portion of the Product or any Carmichael Industries systems or networks.
4.3 Account Security: You are solely responsible for maintaining the confidentiality of any login credentials, passwords, and account information associated with your use of the Products. You agree to notify Carmichael Industries immediately of any unauthorized use of your account or any other breach of security.
5. UPDATES AND MAINTENANCE
5.1 Product Updates: Carmichael Industries may, at its sole discretion, provide updates, upgrades, patches, bug fixes, or maintenance for the Products. These updates may include performance improvements, security enhancements, bug fixes, or new features.
5.2 No Obligation: While Carmichael Industries strives to maintain and improve its Products, we are under no obligation to provide updates or support for any Product. The frequency, timing, and content of updates are at the sole discretion of Carmichael Industries.
5.3 Availability of Updates: Any updates provided by Carmichael Industries will be made available to you at no additional cost. We recommend installing all updates to ensure optimal performance and security of the Product.
5.4 End of Support: Carmichael Industries reserves the right to discontinue updates or support for any Product at any time. In such event, we will make reasonable efforts to provide advance notice of such discontinuation.
6. TERMINATION
6.1 Termination: We reserve the right to suspend, discontinue, or terminate your license to access or use the Products, without notice or liability, if we determine, in our sole discretion, that you have violated any provision of this Agreement or for any other reason.
6.2 Effect of Termination: Upon termination of your license, your right to access and use the Products shall immediately cease, and you must cease all use of the Products and destroy all copies in your possession or control.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 Disclaimer of Warranties: THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CARMICHAEL INDUSTRIES DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
7.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARMICHAEL INDUSTRIES OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS; OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
7.3 Cap on Liability: IN ANY EVENT, CARMICHAEL INDUSTRIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PRODUCTS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CARMICHAEL INDUSTRIES FOR THE PRODUCT GIVING RISE TO THE CLAIM.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Carmichael Industries and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to (i) your use or misuse of the Products; (ii) your breach of this Agreement; (iii) your violation of applicable laws or regulations; or (iv) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
9. MODIFICATIONS TO THE AGREEMENT
Carmichael Industries reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement on our website or within the Product. Your continued use of the Products after the posting of any changes constitutes your acceptance of such changes. It is your responsibility to check this Agreement periodically for changes.
10. MISCELLANEOUS
10.1 Entire Agreement: This Agreement constitutes the entire agreement between you and Carmichael Industries regarding the Products and supersedes all prior and contemporaneous written or oral agreements between you and Carmichael Industries.
10.2 Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
10.3 Waiver: The failure of Carmichael Industries to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
10.4 Applicable Law: This Agreement shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.
10.5 Force Majeure: Carmichael Industries shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Carmichael Industries' reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
11. CONTACT INFORMATION
If you have any questions, concerns, or requests regarding this Agreement or our Products, please contact us at:
Carmichael Industries
Email: support@cmi-industries.com
Website: https://www.cmi-industries.com/
By purchasing, downloading, accessing, or using our Digital Products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.