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TERMS AND CONDITIONS

Cino Vista, having business address at 800 Maine Avenue SW, Suite 200, Washington DC 20024 (hereinafter also referred to as “Company/ we/ our/ us”) operates https://www.cinovista.com (“Website”) and the services mentioned thereto (“Services”). These Terms and Conditions are designed to govern your use of our website and Services when show your interest. By accessing or browsing on our website, you are acknowledging your consent and commitment to complying with these Terms and Conditions. Please take a moment to thoroughly read and understand the provisions outlined here, as they dictate your rights and obligations when interacting with our platform. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, WE KINDLY REQUEST THAT YOU REFRAIN FROM USING OUR WEBSITE.

ACCEPTANCE OF OTHER TERMS AND POLICY

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all users:

● Privacy Policy

● Cookies Policy

EMAIL COMMUNICATION

By using the Website, you understand that we may send you communications or data regarding our Services. You agree to receive such communications from us. Unless such email is necessary to provide you with information related to a Service, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates. You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

PRIVACY AND DATA

Cino Vista will not intentionally disclose any personally identifying information about you to third parties, except where Cino Vista, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of Cino Vista’s Privacy Policy. Members signing up for the Website are opting in to receive newsletters through emails/notifications from the Website. If you do not wish to receive these emails, you may opt-out anytime.

USE OF WEBSITE

Cino Vista is not responsible for any damages resulting from the use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any act which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

LIMITED LICENSE

You are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party

WEBSITE SECURITY

You agree to use this Website only in accordance with these Terms. In the event that your unauthorised use of this Website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

As a user of this Website you undertake:

1. Not use our Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;

2. Not use our Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Website without our express written consent;

4. Not to knowingly or recklessly contravene, in the course of using this Website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;

5. Not to use this Website to make unauthorised attempts to access or interfere with any of our systems or third-party networks;

6. Not to use this Website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;

7. Not to use this Website for the transmission or posting of any material which is defamatory, offensive or of an abusive, obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this Website for such purpose(s);

8. to inform us immediately of any claim or action against you for any use of this Website and, on request from us, to immediately cease the act complained of. Cino Vista is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property associated with our merchandise, including but not limited to trademarks, logos, designs, product names, and any copyrighted material, is the exclusive property of Cino Vista. You acknowledge that you have no right, title, or interest in any of our intellectual property.

Cino Vista grants you a limited, revocable, non-exclusive license to use our intellectual property solely for the purpose of purchasing and using our merchandise. This license does not grant you any rights to modify, reproduce, distribute, or create derivative works from our intellectual property.

 

You are expressly prohibited from using our intellectual property for any purpose other than what is expressly permitted in these terms and conditions. Any unauthorized use, reproduction, or distribution of our intellectual property is strictly prohibited and may result in legal action. If you believe that your intellectual property rights have been violated by us or by a user of our merchandise, please contact us immediately with all relevant details. We will investigate and take appropriate action in accordance with applicable laws and regulations.

DISCLAIMER OF WARRANTIES

Your use of the Website and/or Services is at your sole risk. The Website and the Services are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Services or Website content, or any reliance upon or use of the Website content or Services. Without limiting the generality of the foregoing, the Company makes no warranty:

1. That the information provided on this Website is accurate, reliable, complete, or timely;

2. That the links to third-party websites are to information that is accurate, reliable, complete, or timely;

3. No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;

4. As to the results that may be obtained from the use of the Services or that defects in the Services will be corrected; and

5. Regarding any Services purchased or obtained through the Website.

The inclusion of any Services or offers on the Website at a particular time does not imply or warrant that the Services or offers will be available at any time. Cino Vista shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Website.

LIMITATION OF LIABILITY

Cino Vista takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Services and/or for any breach of these Terms. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with these Terms or the Services in any manner. You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible nor liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Company. We make no representations or warranties that defects or errors will be corrected. This disclaimer constitutes an essential part of these Terms.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you

INDEMNIFICATION

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of (a) these Terms or the breach of your warranties, representations and obligations under these Terms; (b) the Website content or your use of the Website content; (c) the Services; (d) any intellectual property or other proprietary rights of any person or entity; (e) your violation of any provision of these Terms; or (f) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of these Terms

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of Washington, D.C., the United States of America and the courts in Washington, D.C., USA shall have exclusive jurisdiction over any dispute arising under this Agreement.

NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

LEGAL DISPUTES

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to us at the email address provided in the ‘Contact Us’ clause. If We have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court. Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the US Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Cino Vista are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive the termination of this Agreement. Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org . Unless you and Cino Vista agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The arbitration will be conducted in Washington, D.C., United States of America, unless the parties agree to video, phone and/or internet connection appearances. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CINO VISTA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent that any claim, dispute or controversy regarding Cino Vista or our Service is not arbitrable under applicable laws or otherwise, you and Cino Vista both agree that any claim or dispute regarding Cino Vista will be resolved exclusively in accordance with the applicable federal and state laws

MISCELLANEOUS

These Terms, including any referenced documents and policies, constitute the entire agreement between you and the Company regarding the use of our Website and Services. It supersedes all prior agreements, understandings, and representations, whether written or verbal. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, it shall be construed in a manner consistent with applicable law to reflect the original intent of the parties, and the remaining provisions will remain in full force and effect The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of the Company. The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control. The Company reserves the right to modify these Terms at any time. Any changes will be posted on the Website, and it is your responsibility to review these Terms periodically. Your continued use of the Website after the posting of changes constitutes your acceptance of the modified Terms. The headings used in these Terms are for convenience and reference purposes only and do not affect the interpretation or construction of these Terms.

CONTACT US

In case you have any questions about these Terms and Conditions, please feel free to contact us at pmb@cinovista.com

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