Terms & Conditions
TERMS AND CONDITIONS – CIMON Inc.
Effective Date of these Terms and Conditions: July 11, 2024
Date of Latest Update to these Terms and Conditions: July 10, 2024
Welcome to www.cimon.com and buy.cimon.com. CIMON Inc., a company headquartered in the State of Nevada, owns and operates www.cimon.com and buy.cimon.com.
The present Terms and Conditions set forth the terms upon which CIMON Inc. (hereinafter referred to as “CIMON”) shall provide access and usage of the website www.cimon.com and e-commerce site buy.cimon.com and their corresponding applications, including web and mobile applications (hereinafter collectively referred to as the “Platform”).
Users of the Platform shall be required to comply with these Terms and Conditions, in full. Prior to using the Platform, all users shall be obligated to acknowledge and agree to be bound by the present Terms and Conditions.
For reference purposes, these Terms and Conditions shall encompass any other rules or policies implemented by CIMON, each of which shall be deemed incorporated in these Terms and Conditions by reference. Users of the Platform acknowledge that CIMON may update these Terms and Conditions and other related policies and rules from time to time, at CIMON’s discretion.
I. DEFINITIONS
When used in the present Terms and Conditions, the following capitalized terms shall have the definitions set forth below:
“Disputes” shall refer to all disputes between a User and CIMON arising out of or relating to these Terms and Conditions.
“DMCA” shall refer to the Digital Millennium Copyright Act, a 1998 United States copyright law.
“Products” shall refer to all products offered for sale by CIMON on the Platform. Such Products include, without limitation, Human Machine Interfaces (HMI), Program Logic Controller (PLC), Industrial PCs (IPC), and CIMON’s internally developed proprietary software required to run CIMON’s systems.
“Terms and Conditions” shall refer to the latest version of these Terms and Conditions and shall include any and all updates, amendments, modifications and supplements made thereto from time to time.
“Third Party Sites” shall refer to third party websites, networks, software, applications, systems, products and services linked or referenced on the Platform.
“User Account” shall refer to an individual user account created by a User or a CIMON administrator on the Platform.
“Users” shall refer to all users of the Platform. The term “User” shall refer to an individual User of the Platform.
II. BINDING TERMS
These Terms and Conditions shall constitute a binding and enforceable agreement between Users and CIMON. Users acknowledge that CIMON shall not be bound by any other agreements, terms or policies, except for the present Terms and Conditions and any policies implemented by CIMON, including but not limited to the Platform’s Privacy Policy.
Users agree to read these Terms and Conditions in full prior to accessing or using the Platform. Moreover, Users are encouraged to review these Terms and Conditions periodically to ensure they are familiar with the latest version thereof.
Users of the Platform are required to act with integrity, in compliance with applicable laws and the obligations set forth in these Terms and Conditions and other policies developed, which shall be listed on the Platform for reference purposes.
III. ACCEPTANCE OF THESE TERMS AND CONDITIONS
By accessing, visiting, browsing or using the Platform, Users agree to be bound and governed by the present Terms and Conditions. Users agree to be bound by these Terms and Conditions as though they manually signed them.
Any usage of the Platform by a User shall be construed as the User’s acceptance of these Terms and Conditions. If any User does not accept to be bound by these Terms and Conditions, the User’s exclusive recourse shall be to not use the Platform.
IV. ELIGIBILITY
By using the Platform, every User confirms to CIMON as follows (i) the User is at least eighteen (18) years old, or has reached the age of majority in the User’s country of residence, whichever is higher; (ii) the User has the required authority and ability to use the Platform and be bound by these Terms and Conditions; (iii) and the User is not subject to any restrictions that would prevent the User from using the Platform and purchasing Products.
V. UPDATES TO THESE TERMS AND CONDITIONS
CIMON may update, change, amend or revise these Terms and Conditions at any time at CIMON’s discretion. The most recent version of these Terms and Conditions shall be published on the Platform, and shall specify the date of the latest update made thereto.
While CIMON shall use reasonable efforts to notify Users of changes to these Terms and Conditions, CIMON cannot guarantee that Users shall be informed of changes to these Terms and Conditions prior to their publication on the Platform. Consequently, Users are encouraged to periodically review these Terms and Conditions to ensure they comply with the latest version thereof.
All updates to these Terms and Conditions shall be binding as of the date specified in the header as published on the Platform. Any usage of the Platform following the publication of the updated Terms and Conditions shall constitute the User’s agreement to be bound by such updated Terms and Conditions.
VI. PRIVACY POLICY
The Platform’s Privacy Policy is expressly incorporated in these Terms and Conditions by reference. Any personal data provided on the Platform shall be governed by the Platform’s Privacy Policy.
The Privacy Policy describes how CIMON collects, uses, stores and handles personal data obtained from the Platform, whether directly from the User or indirectly through the use of cookies.
VII. USER ACCOUNTS
VII.1 Creation of User Accounts
User Accounts shall be mandatory to purchase Products using the Platform. To create a User Account, a User shall submit their valid email address. User Accounts shall be secured by a password. All usernames and passwords shall remain confidential and personal.
In case of any security breach or compromised password, Users must notify CIMON at their earliest convenience by sending an email or through a notification on the Platform.
VII.2 Provision of Information
Users confirm and validate that all information provided as part of their User Accounts is accurate, complete and true. Users shall update information contained in their User Accounts as needed to ensure the information remains current.
Users further confirm that they have not had a User Account on the Platform that CIMON previously terminated or suspended. Moreover, Users shall not transfer their User Accounts, or sell, lease, or assign them to a third party.
VII.3 Responsibility for User Accounts
Users shall be held responsible for all acts, purchases, and omissions arising out of or relating to their User Accounts. Users agree not to engage in unacceptable use of their User Accounts and to further strictly comply with the provisions contained in these Terms and Conditions. Users may not use a User Account that does not belong to them.
Users shall be liable for any purchases and charges incurred by or using their User Accounts.
While CIMON implemented strict security measures, CIMON is unable to guarantee that User Accounts shall be protected against unauthorized access at all times. CIMON declines all liability for losses or damages arising out of the unauthorized usage of User Accounts. Consequently, Users shall assume all risks associated with their usage and purchases relating to their User Accounts.
VIII. PURCHASES
VIII.1 Reserving Products and Purchasing Products
Users may proceed by reserving Products on the Platform using the Products’ number. Users may purchase Products using the Platform through the e-commerce sections.
The pricing for the Products shall be provided by CIMON as a quote or presented on the Platform, as applicable. To proceed with a purchase, Users shall complete the check out form, which shall include the shipping address, payment information and billing address.
Unless otherwise indicated, the pricing for the Products shall be exclusive of any taxes, duties and levies. CIMON shall provide the User with an invoice, indicating the price for the Product(s) ordered, the applicable taxes and shipping fees. The User shall be responsible for paying all taxes and fees charged in connection with Product purchases.
CIMON reserves the right to modify the price of the Products and other fees on an as needed basis. The revised prices shall be published on the Platform or communicated to Users as promptly as possible. Any changes to pricing shall not affect past purchases that have already been paid.
VIII.2 Payment Methods and Processing
Users acknowledge that the purchase of the Products, and any sums relating to such purchases shall be paid by credit card, bank transfer or through CIMON’s third party payment processor. Upon their purchase, Users agree that CIMON shall charge the payment information provided, which may consist of a credit card. CIMON may use a third party to store Users’ payment information to allow for recurring payments.
Accordingly, for payment using a third party payment processor, Users shall be required to submit personal information to CIMON’s third party payment processing company. Such personal information may include Users’ contact information, and payment information.
CIMON shall bill the User’s credit card upon the time the order is placed unless otherwise agreed to in writing. After the completed order for Products, the User’s credit card may be charged again to cover additional fees incurred due to circumstances including but not limited to cancellation, restocking, travel fees and/or upgrades to the selected Product(s) after the initial order was placed.
Pursuant to making a purchase on the Platform, Users shall be charged for the amount in the applicable order. If the User’s payment information is invalid or otherwise unacceptable, the User’s purchase shall not be completed.
Users remain fully responsible for all Products purchased using their credit card or payment information, whether or not authorized by the User. Users agree to notify CIMON and its third party payment processing company of the breach or the compromise of Users’ payment information. Users also agree to promptly inform CIMON of any hacks or security problems involving Users’ payment information, such as theft or the unauthorized use of the User’s credit card.
VIII.3 Purchase Confirmation
Upon payment for the Service(s) and/or Product(s) purchased, Users shall be provided with a purchase confirmation that specifies the total amount paid, the Service(s) and/or Product(s) ordered and the date of the purchase. Unless otherwise indicated, the purchase confirmation shall be provided by email. The purchase confirmation by CIMON is in addition to any purchase confirmation that may be provided by CIMON’s third party payment processing company.
Users shall be responsible for verifying the price of the purchase prior to making the corresponding payment.
VIII.4 Billing Errors
CIMON endeavors to provide clear and transparent billing for the Products purchased on the Platform. Despite CIMON’s best efforts, billing errors may occur. In the event of a billing error, CIMON shall provide the appropriate refund or credit against future payments owed. The billing error shall promptly be corrected.
IX. DELIVERY
Each order confirmation issued by CIMON shall specify the delivery date for the Product(s) ordered. The standard delivery time is ten (10) business days for in-stock Product(s) following the date of the order completion. However, Users acknowledge that delays may arise, and CIMON shall not be liable for any delays in shipments.
Further, Products shall be shipped using a third party carrier. Any damaged, lost or stolen Products during transit shall not be of CIMON’s liability.
X. PERMITTED USE OF THE PLATFORM
Users shall be responsible for all conduct, actions and omissions relating to their usage of the Platform and the Products. Users agree to not engage in unacceptable use of the Platform, which refers to using the Platform to:
⦁ Breach any applicable federal, state or local law, government order, regulation or policy;
⦁ Engage in unlawful or illegal, fraudulent, malicious or otherwise discriminatory conduct, or encourage others to use the Platform for such illicit purposes;
⦁ Impersonate an individual, entity, business, or company, or intentionally mislead others about the User’s identity;
⦁ Collect personal information or data regarding Users of the Platform, without obtaining the Users’ consent;
⦁ Sell, lease, assign or transfer their User Accounts on the Platform;
⦁ Use or attempt to use another’s User Account, or create a false identity on the Platform;
⦁ Access portions of the Platform using any unauthorized means or technology, or bypass the Platform’s established security measures;
⦁ Use automated means, including bots, crawlers, data mining tools, or the like to download or scrape data from the Platform;
⦁ Send or transmit harmful components, viruses or damaging files;
⦁ Impair, interfere with or damage the Platform, its servers or any portion thereof in any way;
⦁ Decompile, reverse engineer or hack any portion of the Platform or attempt to decompile, reverse engineer or hack the Platform or any portion thereof;
⦁ Remove, obscure or modify any copyright, trademark or other proprietary rights notice marks published on the Platform
⦁ Act in a manner that conflicts with the spirit of these Terms and Conditions.
Users may be held personally responsible for their failure to comply with these Terms and Conditions, and CIMON’s guidelines and standards. Further, Users agree that CIMON may, without liability and without penalty, revoke a User’s right to use the Platform if the User breached or attempted to breach any obligation in these Terms and Conditions.
XI. INTELLECTUAL PROPERTY
CIMON or its licensors own and control all of the copyright and other intellectual property rights in connection with the Platform and the data, information, and other resources displayed by or accessible within the Platform. Any content that does not belong to CIMON has been duly licensed to CIMON, and CIMON has obtained the required consents to publish the same on the Platform.
Trademarks, logos, trade names, marks and intellectual property relating to CIMON and the Platform are proprietary to CIMON. CIMON’s trademarks and logos may not be reproduced or shared without CIMON’s explicit prior written consent. All intellectual property directly relating to CIMON and the Platform remains CIMON’s sole property. CIMON is the exclusive owner of such intellectual property throughout the world, without limitations of time or space.
Unless specifically stated otherwise, Users are not granted a license or any other right to CIMON’s intellectual property under copyright, trademark, patent, or other intellectual property rights. This means that Users cannot use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any content on the Platform, or any of the intellectual property published on the Platform in any form, without CIMON’s prior written permission, except and only insofar as otherwise stipulated in applicable law (such as the right to quote).
XII. FEEDBACK
Users may provide feedback or reviews relating to the Platform. Users agree to assign all rights, title and interest in any feedback Users provide, online or offline, to CIMON. If for any reason such assignment is ineffective, Users agree to grant CIMON a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and use such feedback, as CIMON sees fit, without restriction.
XIII. COPYRIGHT INFRINGEMENTS
CIMON remains committed to preventing intellectual property and copyright infringement on the Platform. In compliance with the DMCA, CIMON encourages Users to promptly report any potential copyright infringement to its attention. If a User owns or possesses rights to a trademark or intellectual property right and the User has reason to believe its intellectual property or trademark has been shared on the Platform unlawfully, or if there is reason to believe a third party’s intellectual property right is violated, the User shall send CIMON a written notice to this effect.
All such notices shall contain the information listed below. Further, each notice shall be signed by the User, either manually or electronically:
⦁ a link to the content on the Platform which is subject to the notice;
⦁ a description of the intellectual property right subject to the notice, including the date of the intellectual property’s development, photos and other relevant information;
⦁ the User’s contact information;
⦁ the User’s interest in the intellectual property subject to the notice, if the User is not the lawful owner. If the User is not the owner of the intellectual property or trademark, the User shall provide a confirmation or proof that the User is authorized to act on behalf of the intellectual property or trademark owner;
⦁ the User’s written confirmation that the notice was prepared in good faith; and
⦁ the User’s written confirmation to the effect that all statements contained in the notice are true and complete to the best of the User’s knowledge.
If the notice is found, CIMON shall promptly remove the violating content from the Platform. CIMON reserves the right to terminate or suspend the accounts of Users who infringe the DMCA, intellectual property and/or copyrights, without notice.
XIV. THIRD PARTY SITES
The Platform may include links or references to Third Party Sites. The links and references to the Third Party Sites are provided for convenience purposes only.
CIMON does not endorse any of the Third Party Sites, nor is CIMON affiliated with the Third Party Sites, unless stated otherwise. Users acknowledge that the inclusion of any links or references to Third Party Sites on the Platform shall not imply CIMON’s endorsement or association with such Third Party Sites. The Third Party Sites are operated by independent third parties.
CIMON makes no representations and provides no guarantees with respect to (i) the availability of the Third Party Sites and (ii) the functionality of the Third Party Sites.
Any issues arising out of the Third Party Sites shall be resolved exclusively between the User and the relevant Third Party Site. CIMON shall not be a party to any litigation, dispute or controversy arising out of a User’s use of the Third Party Sites, or usage thereof in connection with the Platform.
XV. DISCLAIMERS AND EXCLUSION OF WARRANTIES
The Platform and the Products shall be offered and provided on an “as is” basis and “as available”, without any warranties or guarantees of any kind. CIMON shall not provide any of the following implied warranties with respect to the Platform and the Products: implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by usage of trade.
Without limiting the generality of the foregoing, CIMON cannot guarantee that the Platform shall be accessible and available for usage without error, omissions or interruption. While CIMON shall use reasonable efforts to correct issues or defects affecting the Platform, CIMON cannot guarantee that issues or defects shall be corrected rapidly or corrected at all.
Considering the risks associated with online activity, CIMON cannot guarantee that the Platform shall be free of harmful components, such as viruses. In consideration thereof, each User agrees to use the Platform shall be at the User’s sole risk and expense.
XVI. LIMITATIONS OF LIABILITY
CIMON, its directors, employees, affiliates, and partners shall not be liable for any loss, damage or harm caused by the Platform and the usage thereof for: (i) any issue affecting its servers, including unauthorized access to personal information and data; (ii) any service interruptions, bugs or other issues affecting the Platform; and (iii) a virus or other harmful component impairing the Platform or the User’s device; (iv) the suspension, termination, restriction or any limitations to User Accounts on the Platform; (v) the suspension, restriction, termination or lack of access to features and/or Products on the Platform; (vi) the unavailability of the Products, errors in Product descriptions; and (vii) any delayed shipments, or losses caused by such shipments. For purposes of these Terms and Conditions, harmful material shall refer to viruses, worms, malware, adware, or other programs intended to harm or adversely affect computer software or hardware. Further, we do not warrant that the products are secure and free from bugs, viruses, interruption, errors, theft, or destruction.
In no event shall CIMON, its directors, employees, partners, or affiliates be liable for any direct, indirect, general, special, punitive, incidental, consequential, accessory, statutory, exemplary or other damages arising from or in connection to Users’ or Third Party’s access and/or usage of the Platform and the Products, including but not limited to loss of personal or business data, loss of profits, loss of revenue, loss of business or anticipated earnings, loss of goodwill or reputation, loss of privacy, personal injury, loss of use, loss of time, shutdown or slowdown costs, or other economic loss, whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if we are advised of the possibility of such damages or if such damages could have been reasonably foreseen. Furthermore, there are no representations and warranties that User’s or Third Party’s use of the products will satisfy or ensure compliance with any legal obligations, laws, or regulations.
Also, it is expressly understood that technical advice furnished by CIMON with respect to the use of the Products is given without warranty, and CIMON, its directors, employees, partners, or its affiliates assume no obligation or liability for the advice given or not given, or results obtained; all such advice would be given and accepted at the User’s risk.
Equipment damage or serious injury to personnel, including death, can result from the failure to follow all applicable codes and standards, including engineering standards. CIMON, its directors, employees, partners, or affiliates do not assume any responsibility for your product design, installation, or operation.
The User further agrees that the applicable law and venue for any dispute are the laws of Nevada. To the extent allowed by applicable law, any claims shall be brought in Henderson, Nevada, and Nevada law shall apply.
XVII. INDEMNIFICATION OBLIGATION
Each User agrees to indemnify and hold CIMON, its agents, employees, officers, directors, contractors, partners, and affiliates harmless from and against all losses, damages, demands, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations, loss, fines, penalties, fees, charges, damages, or suits brought by a third party, arising out of
(i) the User’s use of the Platform, Products, Third Party Sites or Applications;
(ii) the User’s gross negligence, recklessness or intentionally wrongful act(s),
(iii) any violation, contravention or breach of any agreement or obligation of the User pursuant to these Terms and Conditions;
(iv) any incorrectness in any representation or warranty made by the User in connection with these Terms and Conditions; or and/or
(v) the User’s execution or non-performance of its obligations under these Terms and Conditions.
XVIII. CHANGES TO THE PLATFORM
CIMON reserves the right to make changes to the Platform, including, without limitation, updating features, removing features and editing, disabling, removing, condensing or otherwise changing the information published on the Platform. CIMON may also terminate, suspend, disable, discontinue or otherwise cease granting access to the Platform, in full or in part, to certain territories or for Users residing in certain areas, without limitation. CIMON shall use reasonable efforts to notify affected Users in advance.
Users hereby agree that CIMON shall not be liable for any changes or modifications made to the Platform and the Products, or for the suspension, discontinuance, or termination of the Platform, the Products or any portion thereof.
XIX. TERMINATION OF USER ACCOUNTS
CIMON reserves the right to investigate and otherwise look into any potential violations of these Terms and Conditions, any other applicable policies, or any laws, regulations or binding terms. Users agree to cooperate with CIMON during the course of any such investigations by submitting documentation or by providing information requested.
CIMON reserves the right to terminate a User Account if the User’s usage of the Platform breaches these Terms and Conditions, any applicable law or is contrary to public interest. CIMON may also terminate a User Account for any reason that it deems to be appropriate, at its sole discretion and without notice.
Users may terminate their User Accounts on the Platform at any time by following the instructions for deleting accounts on the Platform.
XX. ASSIGNMENT
CIMON may assign all or part of its rights and obligations pursuant to these Terms and Conditions to any person or company. Users may not assign all or part of their rights and obligations pursuant to these Terms and Conditions, without CIMON’s prior written approval.
XXI. SEVERABILITY
Any section or provision of these Terms and Conditions which is, or becomes, illegal, invalid or unenforceable shall be severed from these Terms and Conditions. The remainder of the Terms and Conditions shall remain enforceable and binding.
XXII. ENTIRE AGREEMENT
These Terms and Conditions, together with the Platform’s Privacy Policy, constitute the entire agreement between CIMON and Users pertaining to their subject matter and supersede all prior agreements, understandings, negotiations and discussions between CIMON and Users.
There are no warranties, representations or other agreements in connection with the subject matter of these Terms and Conditions except as specifically set forth herein.
XXIII. THIRD PARTY RIGHTS
These Terms and Conditions apply and are binding between CIMON and the Users. These Terms and Conditions shall not grant third parties any rights, unless otherwise stated.
XXIV. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nevada, excluding any conflict of laws rule, which might refer such interpretation to the laws of another jurisdiction. These Terms and Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
XXV. DISPUTE RESOLUTION
XXV.1 Jurisdiction of the Courts
Except for those submitted to arbitration, Disputes shall be submitted to the exclusive jurisdiction of the competent courts located in the State of Nevada. Every User further waives any objection to jurisdiction or venue in any proceeding before said courts.
The following types of Disputes shall be brought before the competent courts located in the State of Nevada: (i) any Dispute seeking an injunction or other type of equitable relief, or (ii) a Dispute to enforce the rights and obligations set forth in these Terms and Conditions. All Disputes relating to matters other than those specified in these Terms and Conditions shall be handled by mediation and arbitration.
XXV.2 Mediation
Prior to undertaking any legal or arbitration proceedings, the User and CIMON shall collectively and collaboratively engage in reasonable efforts to resolve all Disputes amicably. In good faith, Users shall employ their best efforts, which shall be no less than commercially reasonable efforts. To assist in resolving the Dispute amicably, the Dispute may be submitted to mediation to be held in the State of Nevada.
XXV.3 Arbitration Proceedings
In the event that the Dispute cannot be resolved by mediation, the unresolved Dispute shall be referred to and resolved by binding arbitration. The Dispute shall then be handled through arbitration administered in accordance with the standards set forth by the American Arbitration Association.
Unless otherwise specified, the place of arbitration shall be in the State of Nevada. Each party shall bear its own costs and fees for participating in the arbitration. Such fees and costs shall include administrative costs and the fees payable to the arbitrator.
The arbitration proceedings shall be kept strictly confidential. The arbitrator shall be granted the required authority to award damages. The arbitration award shall be final and binding.
XXV.4 Remedies and Injunctions
User recognizes that any violation of these Terms and Conditions may cause CIMON significant harm and damages, especially if such violation or breach relates to intellectual property. Monetary damages may not be a sufficient remedy for a breach or violation of these Terms and Conditions. CIMON shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
XXVI. QUESTIONS AND COMMENTS
CIMON welcomes questions and comments regarding the Platform or these Terms and Conditions. Questions, comments and notices may be sent to CIMON by email (admin@cimoninc.com) or registered or certified mail to its headquarters:
CIMON INC.
2435 W. Horizon Ridge, Pkwy Suite 100
Henderson, Nevada
89052