Last updated: February 4, 2026
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
DISPUTE RESOLUTION: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. About CMS Distributors; The Platform and Service
CMS Distributors, and/or its subsidiaries and affiliates (collectively, “CMS Distributors,” “CMS,” “we,” or “us”) owns and operates one or more websites, web applications, and other online services (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by CMS Distributors, communications and personalized recommendations based on your use of the Platform, and any affiliated website, software, or application owned or operated by CMS Distributors (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully because it sets forth important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service, or, in the case of use by or on behalf of a minor, the parent or legal guardian and the minor as applicable. The Service is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using any part of the Service or entering into this Agreement.
2. Acceptance of Terms and Conditions
Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement.
The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
3. Your Relationship With Us; What We Do (and Do Not Do)
CMS Distributors provides a commercial platform through which users may purchase or otherwise obtain access to certain products and/or services offered by CMS Distributors and/or third parties (collectively, “Third Parties”), including manufacturers, wholesalers, distributors, logistics providers, and payment processors.
CMS Distributors does not provide medical services, does not practice medicine, and does not provide telehealth services. Nothing on the Service constitutes medical advice, diagnosis, or treatment, and you should consult a qualified healthcare professional for medical questions. Any information provided on the Service is for general informational purposes only.
4. Notice Regarding Financial Responsibility and Insurance
Unless explicitly stated otherwise in writing by CMS Distributors, purchases made through the Service are cash-pay / direct pay transactions. CMS Distributors does not submit claims to Medicare, Medicaid, or private insurance on your behalf. You are solely responsible for all costs associated with products and services you purchase through the Service.
5. Registration; User Accounts, Passwords, and Security
You may be required to register and set up an account to access certain features of the Service. You agree to provide truthful, accurate, and complete information and to keep such information current. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service.
You agree to keep confidential your username and password, to exit from your account at the end of each session, and to immediately notify CMS Distributors of any unauthorized use of your account or any breach of security you become aware of.
We may use encryption and other safeguards; however, the Service operates on software, hardware, and networks that may require maintenance or experience problems or security incidents beyond our control. You are responsible for securing your devices and preventing unauthorized physical access.
6. Privacy Policy
CMS Distributors understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we collect, use, and disclose personal information.
Action item: Insert a direct reference to your published Privacy Policy location (e.g., “available on the Platform”).
7. License to Information Submitted via the Service
Any information you transmit to CMS Distributors via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary.
Subject to any limitations required under applicable law and subject to our Privacy Policy, you grant CMS Distributors a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions for the purposes of operating, improving, and providing the Service.
You represent and warrant that you have all rights necessary to grant the foregoing license.
8. Use and Ownership of the Service
The Service and Content are protected by copyright and other laws throughout the world. Subject to this Agreement, CMS Distributors grants you a limited, non-transferable, revocable license to access and use the Service for your personal or internal business use, as applicable to the Service features provided.
All rights, title, and interest in and to the Service and Content are owned by CMS Distributors or its licensors. You will not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.
9. Prohibited Use
You are prohibited from using or attempting to use the Service:
1. for any unlawful, unauthorized, fraudulent, or malicious purpose;
2. in any manner that could damage, disable, overburden, or impair the Service or interfere with another party’s use;
3. to gain unauthorized access to accounts, systems, or networks;
4. to access systems, data, or information not intended by CMS Distributors to be made accessible to you;
5. to reverse engineer, disassemble, or decompile any portion of the Service;
6. to scrape, harvest, or collect information about others without authorization;
7. to upload malicious code (viruses, worms, spyware, etc.);
8. to send spam, phishing, chain letters, or other unsolicited solicitation; or
9. for any use other than the business purpose for which it was intended.
CMS Distributors reserves the right to take lawful actions it deems appropriate in response to actual or suspected violations, including suspension or termination of access.
10. Third-Party Goods and Services
Parties other than CMS Distributors may provide services or sell products through the Service (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties (including payment, delivery, warranties, and disputes) are solely between you and the applicable Third Party.
CMS Distributors is not responsible or liable for any loss or damage of any sort incurred as the result of your use of Third-Party Goods and Services or interactions with Third Parties. In the event of a dispute between you and any Third Party, you understand and agree that CMS Distributors is under no obligation to become involved.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
11. Terms of Sale
All products offered for sale are subject to availability. We reserve the right to impose quantity limits, reject any order, or cancel an order due to error, suspected fraud, or other lawful reason. Prices are subject to change at any time.
You are responsible for applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase. We will collect applicable Taxes if we determine we have a duty to collect Taxes.
Only valid payment methods acceptable to us may be used. You represent and warrant that you are authorized to use your designated payment method, and you authorize us to charge it for the total amount of your order, including Taxes and shipping/handling charges (if any). If your payment method is declined, we may reattempt processing as permitted by applicable law and payment network rules.
Estimated delivery dates/times are estimates only unless expressly guaranteed in writing. Unless we state otherwise, risk of loss passes to you upon delivery to our designated carrier.
12. Termination
CMS Distributors may terminate or suspend your use of the Service at any time and for any reason without notice, including for conduct violating this Agreement or if we discontinue the Service.
Sections concerning Service security, prohibited activities, copyrights, trademarks, Submissions, disclaimers, limitation of liability, arbitration/dispute resolution, indemnity, and jurisdictional issues shall survive any termination.
13. Disclaimers
Content and other information on the Service is provided as a convenience. Users relying on Content or other information do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CMS DISTRIBUTORS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CMS DISTRIBUTORS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CMS DISTRIBUTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR PRODUCTS OBTAINED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CMS DISTRIBUTORS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED U.S. $1,000 OR THE AMOUNT YOU PAID TO CMS DISTRIBUTORS THROUGH THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. (Choose one cap approach and delete the other if you don’t want both.)
ANY CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE ACTION OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless CMS Distributors and its affiliates and their respective directors, officers, employees, contractors, agents, successors, and assigns from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your violation of this Agreement, your violation of law, or your infringement of any rights of any other person or entity.
We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide reasonable cooperation.
16. Notices
Notices to you may be made by email, posted notice on the Service, or regular mail, in our discretion.
17. Electronic Communications
When you access or use the Service or send communications to us, you consent to receive communications from us electronically. We may communicate via email, SMS, or through the Service. You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.
18. Copyright
CMS Distributors respects intellectual property rights and may terminate accounts of repeat infringers as appropriate. If you believe your work has been copied in a way that constitutes infringement, provide notice to our designated agent at: [email protected] and /or 18851 NE 29th Ave. Suite 405 Aventura, Fl. 33180
19. Entire Agreement
This Agreement and any other policies or agreements we post on the Service constitute the entire agreement between you and CMS Distributors regarding your use of the Service and supersede any prior agreements.
20. Binding Arbitration / Class Waiver
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND US ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, THE CONTENT, THE SERVICE, OR ANY GOODS OR SERVICES SOLD OR OFFERED BY CMS DISTRIBUTORS (COLLECTIVELY, “DISPUTES”) THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (DESCRIBED BELOW) SHALL BE RESOLVED BY CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM NATIONAL ARBITRATION & MEDIATION (“NAM”), RATHER THAN IN A COURT.
Before commencing arbitration, the party initiating the Dispute must send written notice of intent to initiate an Informal Dispute Resolution Conference (“Notice”). The conference shall occur within forty-five (45) days after receipt of the Notice unless extended by mutual agreement. The Notice must include: (1) your name, phone number, mailing address, and account email (if any); (2) counsel information (if any); and (3) a description of the Dispute. The Notice must be personally signed.
Notice to us shall be sent to:
[email protected] and/or
18851 NE 29th Ave. Suite 405 Aventura, Fl. 33180 (ATTN: Dispute Notice)
If the Dispute is not resolved within thirty (30) days after the conference, either party may commence arbitration. The arbitration will be governed by NAM’s applicable rules and procedures and the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitrator may award the same relief available in court on an individual basis. Each party bears its own attorneys’ fees unless a statute provides otherwise.
Waiver of Jury Trial and Class Actions: YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE THAT DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Exceptions: Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access/misuse of systems, and either party may bring an individual action in small claims court if eligible.
Batch Arbitration (if applicable): If twenty-five (25) or more similar arbitrations are filed within ninety (90) days by the same counsel/group, NAM may administer the demands in batches as described in NAM’s supplemental rules, with procedures intended to promote efficiency and reduce costs. This process does not authorize class arbitration.
Opt-Out: If you do not wish to be bound by arbitration, you may opt out within thirty (30) days after first becoming subject to this Arbitration Agreement by sending an opt-out notice with your name, residence address, email, and a clear statement you want to opt out, signed by you, to:
[email protected] and/or
18851 NE 29th Ave. Suite 405 Aventura, Fl. 33180 (ATTN: Arbitration Opt-Out)
Opting out of arbitration does not affect the remainder of these Terms and Conditions.
21. Governing Law; Venue; Severability
This Agreement will be governed by the laws of the State of Florida, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration enforcement and interpretation.
If any provision is unenforceable, it will be replaced by an enforceable provision that most closely reflects the original intent to the extent permitted by law, and the remainder will remain in effect.
22. No Agency Relationship
Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and CMS Distributors. You may not bind CMS Distributors in any way.
23. Assignment
You may not assign your rights under this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, sale of assets, or by operation of law.
24. Third-Party Beneficiaries
Except as expressly stated, there are no third-party beneficiaries to this Agreement.
25. Contacting Us
If you have questions or concerns about this Agreement, please contact us via the Customer Help Center or support channel listed on the Platform. CMS Distributors Customer Support: (877) 267-2026. [email protected] www.cmsdistributors.com.
Last updated: February 4, 2026
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
DISPUTE RESOLUTION: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. About CMS Distributors; The Platform and Service
CMS Distributors, and/or its subsidiaries and affiliates (collectively, “CMS Distributors,” “CMS,” “we,” or “us”) owns and operates one or more websites, web applications, and other online services (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by CMS Distributors, communications and personalized recommendations based on your use of the Platform, and any affiliated website, software, or application owned or operated by CMS Distributors (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
Please read this Agreement carefully because it sets forth important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service, or, in the case of use by or on behalf of a minor, the parent or legal guardian and the minor as applicable. The Service is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using any part of the Service or entering into this Agreement.
2. Acceptance of Terms and Conditions
Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement.
You must be at least eighteen (18) years old to use our services.
The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
3. Your Relationship With Us; What We Do (and Do Not Do)
CMS Distributors provides a commercial platform through which users may purchase or otherwise obtain access to certain products and/or services offered by CMS Distributors and/or third parties (collectively, “Third Parties”), including manufacturers, wholesalers, distributors, logistics providers, and payment processors.
CMS Distributors does not provide medical services, does not practice medicine, and does not provide telehealth services. Nothing on the Service constitutes medical advice, diagnosis, or treatment, and you should consult a qualified healthcare professional for medical questions. Any information provided on the Service is for general informational purposes only.
4. Notice Regarding Financial Responsibility and Insurance
Unless explicitly stated otherwise in writing by CMS Distributors, purchases made through the Service are cash-pay / direct pay transactions. CMS Distributors does not submit claims to Medicare, Medicaid, or private insurance on your behalf. You are solely responsible for all costs associated with products and services you purchase through the Service.
5. Registration; User Accounts, Passwords, and Security
You may be required to register and set up an account to access certain features of the Service. You agree to provide truthful, accurate, and complete information and to keep such information current. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service.
You agree to keep confidential your username and password, to exit from your account at the end of each session, and to immediately notify CMS Distributors of any unauthorized use of your account or any breach of security you become aware of.
We may use encryption and other safeguards; however, the Service operates on software, hardware, and networks that may require maintenance or experience problems or security incidents beyond our control. You are responsible for securing your devices and preventing unauthorized physical access.
6. Privacy Policy
CMS Distributors understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we collect, use, and disclose personal information.
For more information, please review our Privacy Policy at https://cmsdistributors.com/privacy-policy
7. License to Information Submitted via the Service
Any information you transmit to CMS Distributors via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary.
Subject to any limitations required under applicable law and subject to our Privacy Policy, you grant CMS Distributors a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions for the purposes of operating, improving, and providing the Service.
You represent and warrant that you have all rights necessary to grant the foregoing license.
8. Use and Ownership of the Service
The Service and Content are protected by copyright and other laws throughout the world. Subject to this Agreement, CMS Distributors grants you a limited, non-transferable, revocable license to access and use the Service for your personal or internal business use, as applicable to the Service features provided.
All rights, title, and interest in and to the Service and Content are owned by CMS Distributors or its licensors. You will not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.
9. Prohibited Use
You are prohibited from using or attempting to use the Service:
1. for any unlawful, unauthorized, fraudulent, or malicious purpose;
2. in any manner that could damage, disable, overburden, or impair the Service or interfere with another party’s use;
3. to gain unauthorized access to accounts, systems, or networks;
4. to access systems, data, or information not intended by CMS Distributors to be made accessible to you;
5. to reverse engineer, disassemble, or decompile any portion of the Service;
6. to scrape, harvest, or collect information about others without authorization;
7. to upload malicious code (viruses, worms, spyware, etc.);
8. to send spam, phishing, chain letters, or other unsolicited solicitation; or
9. for any use other than the business purpose for which it was intended.
CMS Distributors reserves the right to take lawful actions it deems appropriate in response to actual or suspected violations, including suspension or termination of access.
10. Third-Party Goods and Services
Parties other than CMS Distributors may provide services or sell products through the Service (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third Parties (including payment, delivery, warranties, and disputes) are solely between you and the applicable Third Party.
CMS Distributors is not responsible or liable for any loss or damage of any sort incurred as the result of your use of Third-Party Goods and Services or interactions with Third Parties. In the event of a dispute between you and any Third Party, you understand and agree that CMS Distributors is under no obligation to become involved.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
11. Terms of Sale
All products offered for sale are subject to availability. We reserve the right to impose quantity limits, reject any order, or cancel an order due to error, suspected fraud, or other lawful reason. Prices are subject to change at any time.
You are responsible for applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase. We will collect applicable Taxes if we determine we have a duty to collect Taxes.
Only valid payment methods acceptable to us may be used. You represent and warrant that you are authorized to use your designated payment method, and you authorize us to charge it for the total amount of your order, including Taxes and shipping/handling charges (if any). If your payment method is declined, we may reattempt processing as permitted by applicable law and payment network rules.
Estimated delivery dates/times are estimates only unless expressly guaranteed in writing. Unless we state otherwise, risk of loss passes to you upon delivery to our designated carrier.
12. Termination
CMS Distributors may terminate or suspend your use of the Service at any time and for any reason without notice, including for conduct violating this Agreement or if we discontinue the Service.
Sections concerning Service security, prohibited activities, copyrights, trademarks, Submissions, disclaimers, limitation of liability, arbitration/dispute resolution, indemnity, and jurisdictional issues shall survive any termination.
13. Disclaimers
Content and other information on the Service is provided as a convenience. Users relying on Content or other information do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CMS DISTRIBUTORS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CMS DISTRIBUTORS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CMS DISTRIBUTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR PRODUCTS OBTAINED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CMS DISTRIBUTORS’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED U.S. $1,000 OR THE AMOUNT YOU PAID TO CMS DISTRIBUTORS THROUGH THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. (Choose one cap approach and delete the other if you don’t want both.)
ANY CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE ACTION OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless CMS Distributors and its affiliates and their respective directors, officers, employees, contractors, agents, successors, and assigns from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service, your violation of this Agreement, your violation of law, or your infringement of any rights of any other person or entity.
We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide reasonable cooperation.
16. Notices
Notices to you may be made by email, posted notice on the Service, or regular mail, in our discretion.
17. Electronic Communications
When you access or use the Service or send communications to us, you consent to receive communications from us electronically. We may communicate via email, SMS, or through the Service. You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.
18. SMS Terms & Conditions
SMS Terms & Conditions: By opting in to receive SMS messages from CMS DISTRIBUTORS INC, you agree to receive customer care messages related to your inquiries or services. Message frequency may vary. Message and data rates may apply.
You can opt out at any time by replying STOP. For assistance, reply HELP or contact us at [email protected].
Carriers are not liable for delayed or undelivered messages.
19. Copyright
CMS Distributors respects intellectual property rights and may terminate accounts of repeat infringers as appropriate. If you believe your work has been copied in a way that constitutes infringement, provide notice to our designated agent at: [email protected] and /or 18851 NE 29th Ave. Suite 405 Aventura, Fl. 33180
20. Entire Agreement
This Agreement and any other policies or agreements we post on the Service constitute the entire agreement between you and CMS Distributors regarding your use of the Service and supersede any prior agreements.
21. Binding Arbitration / Class Waiver
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND US ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, THE CONTENT, THE SERVICE, OR ANY GOODS OR SERVICES SOLD OR OFFERED BY CMS DISTRIBUTORS (COLLECTIVELY, “DISPUTES”) THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (DESCRIBED BELOW) SHALL BE RESOLVED BY CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM NATIONAL ARBITRATION & MEDIATION (“NAM”), RATHER THAN IN A COURT.
Before commencing arbitration, the party initiating the Dispute must send written notice of intent to initiate an Informal Dispute Resolution Conference (“Notice”). The conference shall occur within forty-five (45) days after receipt of the Notice unless extended by mutual agreement. The Notice must include: (1) your name, phone number, mailing address, and account email (if any); (2) counsel information (if any); and (3) a description of the Dispute. The Notice must be personally signed.
Notice to us shall be sent to:
[email protected] and/or
18851 NE 29th Ave. Suite 405 Aventura, Fl. 33180 (ATTN: Dispute Notice)
If the Dispute is not resolved within thirty (30) days after the conference, either party may commence arbitration. The arbitration will be governed by NAM’s applicable rules and procedures and the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitrator may award the same relief available in court on an individual basis. Each party bears its own attorneys’ fees unless a statute provides otherwise.
Waiver of Jury Trial and Class Actions: YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE THAT DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Exceptions: Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access/misuse of systems, and either party may bring an individual action in small claims court if eligible.
Batch Arbitration (if applicable): If twenty-five (25) or more similar arbitrations are filed within ninety (90) days by the same counsel/group, NAM may administer the demands in batches as described in NAM’s supplemental rules, with procedures intended to promote efficiency and reduce costs. This process does not authorize class arbitration.
Opt-Out: If you do not wish to be bound by arbitration, you may opt out within thirty (30) days after first becoming subject to this Arbitration Agreement by sending an opt-out notice with your name, residence address, email, and a clear statement you want to opt out, signed by you, to:
[email protected] and/or
18851 NE 29th Ave. Suite 405 Aventura, Fl. 33180 (ATTN: Arbitration Opt-Out)
Opting out of arbitration does not affect the remainder of these Terms and Conditions.
22. Governing Law; Venue; Severability
This Agreement will be governed by the laws of the State of Florida, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration enforcement and interpretation.
If any provision is unenforceable, it will be replaced by an enforceable provision that most closely reflects the original intent to the extent permitted by law, and the remainder will remain in effect.
23. No Agency Relationship
Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and CMS Distributors. You may not bind CMS Distributors in any way.
24. Assignment
You may not assign your rights under this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, sale of assets, or by operation of law.
25. Third-Party Beneficiaries
Except as expressly stated, there are no third-party beneficiaries to this Agreement.
26. Contacting Us
If you have questions or concerns about this Agreement, please contact us via the Customer Help Center or support channel listed on the Platform.
CMS Distributors
Customer Support: (877) 267-2026.
www.cmsdistributors.com.