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TERMS AND CONDITIONS / Privacy Policy
Last Updated August 28, 2016

Creative Marketing Solutions, Inc. (referred to in these Terms of Use as “CMSI,” “we,” or “us”) operates this website, including the web pages located on the domain creativemsolutions.com (collectively, the “Site”). By using or visiting the Site you signify your agreement to these Terms of Use and CMSI’s Privacy Policy, which is incorporated herein by reference.

We may modify these Terms of Use from time to time. Your continued use of the service constitutes your binding acceptance to these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may not continue your use of the Site.

INTELLECTUAL PROPERTY
This agreement does not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of CMSI. Modification of any content on the Site is explicitly prohibited. You are also prohibited from utilizing this website in any way that would damage its content or visibility for other visitors. As between CMSI and you, CMSI has and retains exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledges that the foregoing constitute valuable assets and may constitute trade secrets of CMSI. All trademarks, service marks, trade dress, product names, CMSI names or logos on the Site, whether registered or not, are the property of CMSI, or their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of CMSI.

THIRD PARTY SITES AND CONTENT
This Site contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

RISK ALLOCATION
WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

IN NO EVENT SHALL CMSI, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “CMSI ENTITIES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE CMSI SITE, THE CONTENT, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CMSI ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INTERRUPTION OF SERVICE
We do not guarantee continuous, uninterrupted or secure access to our website and that the operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

GENERAL
These Terms of Use are governed by and construed in accordance with the laws of the State of Tennessee, exclusive of its choice of law rules. In any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorneys’ fees. Nothing in these Terms of Use limits either party’s ability to seek equitable relief. CMSI shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms of Use. These Terms of Use constitute the entire agreement between you and the Parties with respect to the Site, and supersedes all previous written or oral agreements. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.

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CREATIVE MARKETING SOLUTIONS PRIVACY POLICY

Creative Marketing Solutions, Inc. (CMSI) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes our privacy practices for our applications and websites where it is posted. This policy does not apply to information we might collect in other situations, like offline or by email. This policy does not apply to the practices of third parties who may provide services or features based on our sites or apps. Furthermore, this policy does not apply to third-party applications that make use of CMSI supplied hardware or software technology to provide location, proximity, context, or personalized experiences.

Creative Marketing Solutions, Inc. (CMSI) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes our privacy practices for our applications and websites where it is posted. This policy does not apply to information we might collect in other situations, like offline or by email. This policy does not apply to the practices of third parties who may provide services or features based on our sites or apps. Furthermore, this policy does not apply to third-party applications that make use of CMSI supplied hardware or software technology to provide location, proximity, context, or personalized experiences.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this application or service. By downloading, registering with or using this application or service, you agree to this privacy policy. This policy may change from time to time. Your continued use after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

INFORMATION WE COLLECT AND HOW WE COLLECT IT
INFORMATION YOU PROVIDE US
We receive and store any information any information you enter on our web site or application or provide to us in any other way. Included in this information, we may ask you to provide:
Personal Information. By which you may be personally identified, such as name, phone number, mailing address, birthday, and email address.

AUTOMATIC INFORMATION COLLECTION
When you download, access and use our application or website, it may use technology to automatically collect:
Website Details. We may also collect information about the parts of our application or website you use or third party websites you visit when you leave our website. We may work with third parties who collect information about you when you use our apps or website.
App Usage Details. When you access and use the application, we may automatically collect certain details of your access to and use of the app, including location data and other communication data and the resources that you access and use on or through the app.
Device Information. If you download our application, we may collect information from your mobile device, like your device ID.
Other information. We may collect information about your IP address, operating system, browser type, mobile network information and the device’s telephone number.
Location Information. Our application collects real-time information about the location of your device to provide you services and to make it easier for you to use our service.
Contextual Information. Our application collects information about the proximity of your device to fixed and mobile Bluetooth Low Energy Beacons, about your historic interaction with these beacons, and other information you may voluntarily provide to enable context-relevant applications.

INFORMATION COLLECTION TECHNOLOGIES
The technologies we use for automatic information collection may include:
Bluetooth Low Energy (BLE) is a technology whereby smartphones interact with other smartphones, smartphones interact with fixed wireless radios (called BLE beacons), smartphones interact with mobile BLE beacons, and where mobile beacons interact with gateways to the Internet. Smartphones themselves may also act as BLE beacons. Any and all of these configurations are used to enhance the user experience by providing context, location, proximity, and personalized experience to applications. CMSI resells BLE beacon hardware and resells/makes software to enable smartphone-based applications to interact with beacons. CMSI and its vendors collects information about the interaction of all of the above devices and applications made via the BLE technology, which for example may include information about a smartphone application’s interaction with a beacon, or a beacon’s interaction with an application.

Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our application.
You can choose whether or not to share personal information, and whether or not to enable location services for a specific application. If you choose not to share or not to enable location services, some parts of our sites and some services may be more difficult or impossible to use. Your browser may give you the ability to reject cookies or turn off location-based capabilities. If you choose not to disable these features, some parts of our sites and some services may be more difficult or impossible to use. If you do not want us to collect information about you or your device do not download the application or uninstall it from your device.

HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information, to:
We use information to respond to your requests or questions. For example, we may use your information to help you access your account if you forget your password.
We use your information to help us improve our products and services. We may use information to customize and improve your experience. For example, we might look at usage trends to make sure our sites and apps are easy to use.
For security purposes. We may use information to protect our company, our customers, our websites, or our applications.
To provide updates. For example, we may send you email or push notifications about your account, transactions, or changes to our sites, applications, or policies.
For our legitimated business purposes. We will also use your information to fulfill any other purpose for which you provide it. We may also use information you provide to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. We may combine information that we receive about you from third parties with information we already have.

As otherwise permitted by law.

DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users without restriction. In addition, we may disclose personal information that we collect or you provide in the following ways:

Service Providers. We share information with contractors, service providers and other third parties we use to support our business.

For use with our partners One of the key services we provide is to help users receive the most contextually relevant information in various situations. For example, we might use the frequency of your visits to a retailer to enable special offers from that retailer. In such a case, we will not share your personal information with the retailer if they do not already have it, or unless you allow it, but we will share your visit history with the retailer, or other interest you have shared with us (i.e. shopping for shoes), so that the retailer will be able to provide to you the content most relevant and useful to you.
For use with Friends If you choose to allow it, we will share your location with friends or with others with a common interest. For example, we may allow your friends to know that you are inside a restaurant.

Change in corporate ownership. We share information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of CMSI assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information is among the assets transferred.

To protect rights and safety. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CMSI, our customers or others.

For legal purposes. To comply with any court order, law or legal process, 
including to respond to any government or regulatory request.

To our subsidiaries and affiliates.
For any other purpose we disclose when you provide the information.
Otherwise with your consent.

DATA SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. However, we cannot promise that your information will remain secure. We encourage you to use caution when sharing information. Do not share your password with other people and pick secure passwords.

Our sites and servers may be located in the United States. If you are outside of the U.S., your information may be sent to the United States. By using our sites and applications, and by giving us your information, you consent to such transfer. You also understand that the U.S. may not provide you with as much protections as the laws of your country.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a PIN or password for access to certain parts of our application, you are responsible for keeping this information confidential. We ask you not to share this information with anyone.

Children under the Age of 13 Our platform is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.

Third-Parties Our sites and applications may contain links to third party sites. If you click on one of those links, you will be taken to sites we do not control. This policy does not apply to the practices of that site. You should read third party privacy policies carefully.

Changes to Our Privacy Policy We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page.

Accessing and Correcting Your Personal Information You can review and change your personal information by logging in and visiting your account profile page.

To ask questions or comment about this privacy policy and our privacy practices, contact us at: chiphysler@creativemsolutions.com