1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
CBG USA (“Us,” “We,” “CBG USA - NATIVE DIRECTORY - WORLD NATIVE DIRECTORY,” or the
“Company”) provides this website and related services (collectively, the “Website”) to you, the
user, subject to your compliance with all the terms, conditions, and notices contained or
referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement
between us and you. All such guidelines or rules are hereby incorporated by reference into these
Terms of Service.
You are permitted to use the Website only if you: (1) Represent that you are able to form a binding
contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute
any part of any part of the Website in any medium without Company’s prior written authorization
except as permitted through the Website’s functionality and under these Terms of Service; (4)
Provide accurate and complete information when creating an account; (5) Acknowledge you are
solely responsible for the activity that occurs while signed in to or while using the Website; (6)
Don’t collect any personally identifiable information, including full names, physical addresses, or
e-mail addresses, for commercial purposes; and (7) Acknowledge your sole responsibility for your
content submissions, including discussion posts, profile information and links, pictures, and other
such content. The Website is available only to, and may only be used by individuals who can form
legally binding contracts under applicable law. Without limiting the foregoing, the Website is not
available to children (persons under the age of 18) or users who have had their user account
temporarily or permanently deactivated. By becoming a user, you represent and warrant that you
are at least 18 years old and that you have the right, authority, and capacity to enter into and abide
by the terms and conditions of this Agreement.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.
In these Terms of Service, we use the terms “you” and “your” to mean any person using our
Website, and any organization or person using the Website on an organization’s behalf. As used in
these Terms of Service, “User(s)” refers to any individual using the Website.
2. OVERVIEW OF OUR SERVICES
CBG USA is a crowd-sourced review site, an information site. We provide business, tourism, cultural, and geographical information worldwide.
3. ACCOUNT INFORMATION AND SECURITY
When you register, you provide us with some basic information, such as a phone number or email
address. Keep your email address and other account information current and accurate. You alone
are responsible for anything that happens from your failure to maintain security and
confidentiality, such as by sharing your account credentials with others. If someone is using your
account, notify us immediately.
4. VETTING OF USERS
Although CBG USA may vet and verify certain Users, CBG USA’s decision to vet and verify any
User, including the information needed for vetting and verification, is in CBG USA’s sole
discretion. CBG USA cannot guarantee the accuracy or the identity of any User or anyone who
uses the Website. Accordingly, CBG USA cannot and does not assume any responsibility or
liability for improper vetting or failing to vet a User of the Website, nor for the conduct of anyone
who uses the Website.
CBG USA, NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT,
WHETHER ONLINE OR OFFLINE, OF ANY USER OF CBG USA AND YOU HEREBY RELEASE CBG
USA AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. CBG USA
AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR
DAMAGE ARISING IN CONNECTION WITH YOUR USE OF CBG USA.
5. CONTENT, CONTENT SUBMISSIONS, AND COMMUNAL AREAS
You may submit content through the Website, such as ratings, reviews, messages, data,
information, text, photos, graphics, or other material (“Content”). By submitting Content to the
Website, you grant CBG USA and its affiliates a nonexclusive, royalty-free, perpetual, transferable,
irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute,
publish, create derivative works from and publicly display and perform such Submissions
throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use
the name that you submit in connection with such Submission. CBG USA may, in its discretion,
choose to provide attribution of your comments or reviews. You acknowledge and agree that all
Content submissions are non-confidential and non-proprietary.
This Website may contain discussion forums, bulletin boards, review services, or other forums in
which you or third parties may post reviews of experiences or other content, messages, materials
or other items on this Website (“Communal Areas”). If CBG USA provides such Communal Areas,
you are solely responsible for your use of such Communal Areas and use them at your own risk.
By using any Communal Areas, you expressly agree not to post, upload to, transmit, distribute,
store, create or otherwise publish through this Website any of the following:
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any
other person or entity or violates any law or contractual duty;
You know is false, misleading, untruthful or inaccurate;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive
of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or
depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or
is otherwise inappropriate as determined by CBG USA in its sole discretion;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
Contains software viruses or any other computer codes, files, worms, logic bombs or programs
that are designed or intended to disrupt, disable, damage, limit or interfere with the proper
function of any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any system, data, password or other information of CBG USA or any third
Impersonates any person or entity, including any employee or representative of CBG USA;
Includes anyone’s identification documents or sensitive financial information; or
We cannot and do not undertake to review all material before it is posted on the Website, and
cannot ensure prompt removal of objectionable material after it has been posted, including for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity
you may encounter. Accordingly, we assume no liability for any action or inaction regarding
transmissions, communications or content provided by any user or third party. We have no liability
or responsibility to anyone for performance or nonperformance of the activities described in this
We reserve the right to:
Remove or refuse to post any submitted Content for any or no reason in our sole discretion.
Take any action with respect to any submitted Content that we deem necessary or appropriate in
our sole discretion, including if we believe that such submitted Content violates the Terms of
Service, including the content standards below, infringes any intellectual property right or other
right of any person or entity, threatens the personal safety of users of the Website or the public or
could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material
posted by you violates their rights, including their intellectual property rights or their right to
Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information
related to anyone posting any materials on or through the Website. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE
FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Users are solely responsible for creating backup copies of and replacing any Content you post or
store on this Website at your sole cost and expense. Any use of the Communal Areas or other
portions of this Website in violation of the foregoing violates the terms of this Agreement and may
result in, among other things, termination or suspension of your rights to use the Communal Areas
and/or this Website.
6. FEES AND PAYMENT
6.1. Monthly Plans. Our charges for monthly plans are on the Website and may be changed from
time to time. Payments are due for any month on the same or closest date to the day you made
your first monthly payment (the “Pay Date”). If a User cancels its subscription before the monthly
anniversary of the Pay Date, User will still be responsible for all monthly charges that preceded
such termination of subscription, and will be obligated to pay the full monthly subscription amount
agreed upon for any partial months.
6.2. Free Trial Period. Some of the services are offered on a free trial basis. In the event User
elects to use the service on a trial basis, the User will not be billed for such use for a period equal
to thirty (30) days or, if a different number of days are posted on the landing page through which
User subscribes to use the service, that different number of days, beginning on the date on which
User first subscribes to use the service and indicates its agreement with the terms and conditions
set forth in this Agreement (the “Trial Period”). The Trial Period is subject to change at any time.
Once User completes its free trial period, the Trial Period will terminate. Upon such termination,
User may purchase a monthly subscription for the service, and User’s access to the service will be
disabled until payment is received.
6.3. Credit Cards. As long as you’re a User with a monthly subscription, you’ll provide us with
valid credit card information and authorize us, through our third party, to deduct the monthly
charges against that credit card. You’ll replace the information for any credit card that expires
with information for a valid one. Anyone using a credit card represents and warrants that they are
authorized to use that credit card, and that any and all charges may be billed to that credit card
and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by
email and suspend your account until your payment can be processed. You further authorize us to
use a third party to process payments, and consent to the disclosure of your payment information
to such third party.
6.4. Refunds. We will give you a refund for a prepaid month if we stop providing our services to
you for a reason that is not laid out in these Terms of Service; you will not be entitled to a refund
from us under any other circumstances. We may offer a refund if a User applies for one based on
the requirements posted on the Website.
6.5. Billing Changes. We may change our fees at any time by posting a new pricing structure to our
Website and/or sending you a notification by email.
We always appreciate feedback and are always on the lookout for ways to improve Company. For
feedback, comments, questions, or concerns, you can contact us at publish at ak.net and we will
return your e-mail at the soonest opportunity possible.
8. GUARANTEE AND WARRANTY
Use of the Website is at your sole risk. All materials, information, products, software, programs,
and services are provided “as is,” with no warranties or guarantees whatsoever. CBG USA
expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other
warranties, guarantees, or representations, including, without limitation, the warranties of
merchantability, fitness for a particular purpose, and non-infringement of proprietary and
intellectual property rights. Without limitation, CBG USA makes no warranty or guarantee that the
Website will be uninterrupted, timely, secure, or error-free. CBG USA does not warrant the quality
or accuracy of any deliverables provided and/or services rendered by its Users and does not
warrant that any such deliverables and services will be provided and/or rendered in a timely or
professional manner. By using the Website, you hereby understand and acknowledge that any
agreements and services performed by Users is solely between the Users, and that ToDo Puerto
Rico is not a party to any such agreement. CBG USA will take no responsibility for any services
rendered or for any breach of contract. You understand and agree that any interaction with a User
is at your own discretion and risk and that you will be solely responsible for any damages that may
result. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may
not apply to you.
In the event that you have a dispute with a User of the Website, you agree to release ToDo Puerto
Rico (including our affiliates and each of our respective officers, directors, employees, agents,
shareholders, and suppliers) from claims, demands and damages of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such disputes with other users or to your use of the Website or participation in
the Services. Additionally, you expressly waive any rights you may have under California Civil
Code Section 1542 (or analogous laws of other states), which says: “A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected his settlement with the
debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other
10. LIMITATION OF LIABILITY
IN NO EVENT WILL CBG USA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE
WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE,
OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE
WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS,
INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER
DATA, EVEN IF CBG USA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER
BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
11. DISPUTE RESOLUTION AND ARBITRATION
In the interest of resolving disputes between you and CBG USA in the most expedient and cost
effective manner, you and CBG USA agree that every dispute arising in connection with these
Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator
instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very
limited (if any) review by courts. Arbitrators can award the same damages and relief that a court
can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any
aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal theory, and regardless of whether a claim arises during or after the termination of
these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU
AND CBG USA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be
deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual
action in small claims court; (b) pursue an enforcement action through the applicable federal,
state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to
file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and CBG USA will be settled under the Federal Arbitration Act, and
governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures
for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA
Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879,
or by contacting CBG USA at publish at ak.net .
A party who intends to seek arbitration must first send a written notice of the dispute to the other
party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party
has not provided a current physical address, then by electronic mail (“Notice”). CBG USA’ address
for Notice is: CBG USA, 800 E Dimond Blvd Ste 193-518 Anchorage AK 99515. The Notice must:
(a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought
(“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties
do not reach an agreement to do so within 30 days after the Notice is received, you or CBG USA
may commence an arbitration proceeding. During the arbitration, the amount of any settlement
offer made by you or CBG USA must not be disclosed to the arbitrator until after the arbitrator
makes a final decision and award, if any. If the dispute is finally resolved through arbitration in
your favor, CBG USA will pay you the highest of the following: (i) the amount awarded by the
arbitrator, if any; (ii) the last written settlement amount offered by CBG USA in settlement of the
dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees and Procedure
The parties to the arbitration shall each pay an equal share of the costs and expenses of such
arbitration, and each party shall separately pay for its respective counsel fees and expenses;
provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party,
except as prohibited by law. If you commence arbitration in accordance with these Terms of
Services, CBG USA will reimburse you for your payment of the filing fee, unless your claim is for
more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any
arbitration hearing will take place at a location to be agreed upon in [Anchorage], Alaska, but if the
claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely
on the basis of documents submitted to the arbitrator; (b) through a non-appearance based
telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or
parish) of your billing address. If the arbitrator finds that either the substance of your claim or the
relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be
governed by the AAA Rules. In that case, you agree to reimburse CBG USA for all monies
previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a
reasoned written decision sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees or expenses at any time during the proceeding and upon
request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct
any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including
civil procedure rules, and the arbitrator shall apply the substantive and procedural law of the
jurisdiction in which the dispute arose. To the extent that the AAA Rules conflict with local law,
local law shall take preference. The decision of the arbitrator shall be final, conclusive, and
binding on the parties to the arbitration. The parties agree that the prevailing party in any
arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the
No Class Actions
YOU AND CBG USA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS,
COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that users may bring a proceeding as
a private attorney general, if and as allowed by law. Further, unless both you and CBG USA agree
otherwise, the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding. Nothing in this
Agreement infringes upon any rights a User may have under the Sarbanes-Oxley Act, including
any rights prohibiting compulsory arbitration.
Modifications to this Arbitration Provision
If CBG USA makes any future change to this arbitration provision, other than a change to CBG
USA’s address for Notice, you may reject the change by sending us written notice within 30 days of
the change to CBG USA' address for Notice, in which case your account with CBG USA will be
immediately terminated and this arbitration provision, as in effect immediately prior to the
changes you rejected will survive.
If the “No Class Actions” section is found to be unenforceable or if the entirety of this Section 11 is
found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that
case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will
govern any action arising out of or related to these Terms of Service.
Right to Opt Out of Arbitration
You may submit a statement notifying CBG USA that you wish to opt out and not be subject to
arbitration under this section. Should you desire to opt out, you must notify CBG USA of your
intention to opt out by submitting a written notice, which may be via email to
firstname.lastname@example.org, stating that you are opting out of this section. In order to be
effective, your opt out notice must be provided within thirty (30) days of your agreeing to these
Terms. Should you timely opt out of this section, you may pursue available legal remedies and will
not be required to arbitrate claims.
12. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Alaska,
United States of America, without giving effect to any conflict of law principles, except as may be
otherwise provided in supplemental terms applicable to your region. Any dispute or claim arising
out of or in connection with this Agreement shall be adjudicated in Anchorage Alaska USA.
[Montgomery County], Alaska, USA.
13. TERMINATION OF SERVICE
CBG USA may terminate your privilege to use or access the Website immediately and without
notice for any reason whatsoever. Upon such termination, you must immediately cease accessing
or using the Website and agree not access or make use of, or attempt to use, the Website.
Furthermore, you acknowledge that CBG USA reserves the right to take action -- technical, legal
or otherwise -- to block, nullify or deny your ability to access the Website. You understand that this
site may exercise this right in its sole discretion, and this right shall be in addition to and not in
substitution for any other rights and remedies available to CBG USA.
All provisions of these Terms of Service which by their nature should survive termination shall
survive the termination of your access to the Website, including, without limitation, provision
regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
CBG USA and its licensees may publicly display advertisements and other information adjacent to
or included with your Content. You are not entitled to any compensation for such advertisements.
The manner, mode and extent of such advertising are subject to change without specific notice to
15. INTELLECTUAL PROPERTY
The entire content and materials contained on the Website, including, but not limited to, audio,
video, images, text, user interface, scores, logos, the selection and arrangement of the Website
and other intellectual property (the “Content”) are owned by or licensed to CBG USA to the fullest
extent under the copyright laws of the United States and other countries. Images of people or
places displayed on the Website are either the property of, or used with permission by, ToDo
Puerto Rico. You may not reproduce, republish, transmit, upload, distribute, copy or publicly
display any of the Content without our prior written consent. We neither warrant nor represent that
your use of materials displayed on the Website will not infringe rights of third parties not owned by
or affiliated with the Company. We may redesign the Website in our sole discretion at any time.
16. RESTRICTIONS ON USE
You may not use the Website or contents set forth therein for any illegal purpose or in any manner
inconsistent with the Terms of Service. You agree to use the service solely for your own use and
benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any
other person or entity. You agree not to use, transfer, distribute, or dispose of any information
contained in the service in any manner that could compete with the business of Company. You
may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute,
modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in
any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis
and presentation included in the service without Company’s prior written consent.
Modification of Company’s content is a violation of the copyrights and other proprietary rights of
Company or its subsidiaries. Additionally, you may not monetize or offer any part of the service for
sale or distribute it over any other medium including but not limited to a computer network or
hyperlink framing on the internet without the prior written consent of Company. The Website and
the information contained therein may not be used to construct a database of any kind. The
Website and content contained therein may not be stored (in its entirety or in any part) in
databases for access by you or any third party or to distribute.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names,
service marks, copyrights, or logos of Company or its subsidiaries suppliers or affiliates in any
manner which creates the impression that such items belong to or are associated with you or,
except as otherwise provided herein, are used with Company’s consent, and you acknowledge
that you have no ownership rights in and to any of such items. You will not use the service or the
information contained therein in unsolicited mailings or spam material. You will not use any
trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries in
unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any
person or entity using the service.
17. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship
between you and CBG USA is intended or created by this Agreement. Users are not ToDo Puerto
Rico’s representative or agent, and may not enter into an agreement on CBG USA’s behalf.
18. DIGITAL MILLENNIUM COPYRIGHT ACT
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet
service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related
complaint about material posted on the Website, you may contact our Designated Agent at the
800 E Dimond Blvd Ste 193-518
Anchorage AK 99515
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual
property rights must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other right being infringed;
A description of the copyright-protected work or other intellectual property right that you claim
has been infringed;
A description of the material that you claim is infringing and where it is located on the Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of those materials on the Service
is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that, under penalty of
perjury, you are the copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
CBG USA will promptly terminate without notice the accounts of users that are determined by this
site to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing
activity or has had user content removed from the Website at least twice.
19. LINKS TO OTHER SITES AND MATERIALS
As part of using the Website, CBG USA may provide you with links to third party website(s) (“Third
Party Sites”) as well as content or items belonging to or originating from third parties (the “Third
Party Applications, Software or Content”). CBG USA has no control over Third Party Sites and
Third Party Applications, Software, or Content or the promotions, materials, information, goods or
services available on these Third Party Sites or Third Party Applications, Software, or Content.
Such Third Party Sites and Third Party Applications, Software, or Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by CBG USA, and CBG
USA is not responsible for any Third Party Sites accessed through the Website or any Third Party
Applications, Software, or Content posted on, available through or installed from the Website,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other
policies of or contained in the Third Party Sites or the Third Party Applications, Software or
Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any
Third Party Applications, Software, or Content does not imply approval or endorsement thereof by
CBG USA. If you decide to leave the Website and access the Third Party Sites or to use or install
any Third Party Applications, Software or, Content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which you navigate from the
Website or relating to any applications you use or install from the site.
we may collect information about the location of your device each time you use the Website, or
when you otherwise consent to the collection of this information.
21. ELECTRONIC COMMUNICATIONS
The communications between you and Company use electronic means, whether you use the
Website or send us emails, or whether Company posts notices on the service or communicates
with you via email. For contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Company provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were in writing.
Communications made through the Service’s e-mail and messaging system, will not constitute
legal notice to Company or any of its officers, employees, agents or representatives in any
situation where notice to Company is required by contract or any law or regulation.
Any such notice must be sent to:
800 E Dimond Blvd Ste 193-518
Anchorage AK 99515
Under California Civil Code Section 1789.3, California users of the Website receive the following
specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N
Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
23. CHANGES AND AMENDMENTS TO TERMS
These Terms of Service are effective as of the “Last Modified” date identified at the top of this
page. We expressly reserve the right to change these Terms of Service from time to time without
notice to you. You acknowledge and agree that it is your responsibility to review the Website and
these Terms of Service from time to time and to familiarize yourself with any modifications. Your
continued use of the Website after such modifications will constitute acknowledgement of the
modified Terms of Service and agreement to abide and be bound by the modified Terms of
Service. However, for any material modifications to the Terms of Service or in the event that such
modifications materially alter your rights or obligations hereunder, such amended Terms of
Service will automatically be effective upon the earlier of (i) your continued use of the Website with
actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of
Service on the Website. Notwithstanding the foregoing, the resolution of any dispute that arises
between you and us will be governed by the Terms of Service in effect at the time such dispute
24. GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be
construed consistent with applicable law. The remaining portions will remain in full force and
effect. Any failure on the part of Company to enforce any provision of this Agreement will not be
considered a waiver of our right to enforce such provision. Our rights under this Agreement will
survive any termination of this Agreement.
whole or in part, to any person or entity at any time with or without your consent, including, but
not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or
and any unauthorized assignment and delegation by you is void.
REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US
AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS