Terms of Service
Member Website, Social Media and Boutique
(Effective June 1, 2017)
1. INTRODUCTION AND ACCEPTANCE
2. DESCRIPTION OF SERVICE
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
4. MEMBER CONDUCT
You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a CBP Int’l official, forum leader, or fellow member, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such; knowingly upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that CBP Int’l may or may not pre-screen Content, but that CBP Int’l and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, CBP Int’l and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CBP Int’l or submitted to CBP Int’l, including without limitation information in CBP Int’l Discussion Forums and in all other parts of the Service.
You acknowledge, consent and agree that CBP Int’l will access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CBP Int’l, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, can involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CBP Int’l and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
5. INTERSTATE NATURE OF COMMUNICATIONS ON CBP INT'L’S NETWORK
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
With respect to Content you submit or make available for inclusion on publicly accessible areas of CBP Int’l’s Website (e.g. Discussion Forums, Business Profile Pages, Business Circle Pages, Investment Circle Pages, Event Pages, Video Channels, Video Streaming, etc.), the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific CBP Int’l website to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or CBP Int’l removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than CBP Int’l Discussion Forums, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or CBP Int’l removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than CBP Int’l Discussion Forums, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the CBP Int’l website, blog site The Pulse, and social media sites, which are available to other members. By way of example, publicly or semi-publicly accessible areas of the Service would include CBP Int’l Discussion Forms and any portion of your personal profile that you make available to all members. However, publicly accessible areas of the Service would not include portions of CBP Int’l’s website services intended for private communication or areas off of the CBP Int’l network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by CBP Int’l.
With respect to CBP Int'l's blog, The Pulse, before submitting the comment, you agree to accept full responsibility for the comment that you submit, to use this function only for lawful purposes, not to post defamatory, abusive, offensive, racist, sexist, threatening, vulgar, obscene, hateful or otherwise inappropriate comments, or to post comments which will constitute a criminal offence or give rise to civil liability, not to post or make available any material which is protected by copyright, trade mark or other proprietary right without the express permission of the owner of the copyright, trade mark or any other proprietary right, and to evaluate for yourself the accuracy of any opinion, advice or other content.
8. CBP INT’L SERVICES, INVESTMENT OFFERINGS, BUSINESS PARTNER PRODUCT AND SERVICES
9. GAMES, CONTESTS AND PROMOTIONS
11. NO RESALE OF SERVICE
12. PAYMENT TERMS, TRIALS AND RENEWAL
13. PAID SERVICES
- Payment for Paid Services. For Paid Services, you must provide us with a valid credit card or other form of electronic payment (such as Visa, MasterCard, American Express or PayPal). We will automatically charge you based on your chosen plan (monthly or yearly as you select for Bronze, Silver or Gold subscription plans). We will share your account information with financial institutions and payment processing companies, including your submitted payment information, to process your purchase.
- Terms; Prices; Payment Methods. Subscription to our plans are for fixed terms, and the associated fees payable for Paid Services are non-refundable. Prices for Paid Services are subject to change on 30 days’ notice, provided that no price change will apply during your then-current subscription term (monthly or annual as applicable). Depending on where you live, foreign exchange fees or differences in prices may apply, including because of exchange rates. We do not support all payment methods, currencies or locations for payment. If the payment method you use is no longer valid (such as a credit card that has expired) and you do not edit your payment information or cancel or downgrade your account to a plan that is free of charge, you authorize us to keep billing you for our Paid Services and you remain responsible for uncollected amounts.
- Unpaid Fees. If you owe us any unpaid fees, we may suspend your access to our Paid Services without prior notice until you pay us in full. Your obligation to pay fees continues through to the end of the period (monthly or annual as applicable) in which you cancel or downgrade your plan.
14. Auto-Renewal of SUBSCRIPTION Services
16. Cancellation and Termination of SUBSCRIPTION Services
We may refuse to provide service (including the Subscription Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Subscription Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Subscription Services under this section for no reason, we will refund you for the Subscription Services you have not yet received.
17. Downgrade your plan or trial to free
18. To cancel your subscription and downgrade to free
- Sign in to your CBP Intl dashboard
- Click your profile picture and then select Billing & Plan Changes.
- Click Cancel my subscription.
- Click Cancel subscription again to confirm.
- Review the features you will no longer have access to, and then click Confirm downgrade.
19. GENERAL PRACTICES REGARDING USE AND STORAGE
20. MODIFICATIONS TO SERVICE
23. CBP INT'L’S PROPRIETARY RIGHTS
CBP Int’l grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CBP Int’l for use in accessing the Service.
24. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CBP INT’L AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CBP INT’L AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CBP INT’L OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
25. LIMITATION OF LIABILITY
26. EXCLUSIONS AND LIMITATIONS
27. RELEASE OF LIABILITY CLAUSE
28. EXPRESSED ASSUMTION OF RISK CLAUSE
29. HOLD HARMLESS CLAUSE
30. NO THIRD-PARTY BENEFICIARIES
32. TRADEMARK INFORMATION
33. GENERAL INFORMATION
Choice of Law and Forum. The TOS and the relationship between you and CBP Int’l shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and CBP Int’l agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Castle County, DE.
Waiver and Severability of Terms. The failure of CBP Int’l to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CBP Int’l account is non-transferable and any rights to your CBP Int’l ID or contents within your account terminate upon your cessation of membership.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
34. THE BOUTIQUE TERMS OF SERVICE
ORDER ACCEPTANCE POLICY: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. CBP Int'l reserves the right at any time after receipt of your order to accept or decline your order for any reason. CBP Int'l reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over 2000. (EUR) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
TYPOGRAPHICAL ERRORS: In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, CBP Int'l shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. CBP Int'l shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CBP Int'l shall immediately issue a credit to your credit card account in the amount of the charge.
RETURN POLICY & 30 DAY LIMITED GUARANTEE: Every product you buy from CBP Int'l is backed first by the product manufacturer's or supplier’s warranty. CBP Int'l's 30 day limited guarantee may also apply. CBP Int'l's 30 day limited guarantee provides for either exchange or refund of qualifying merchandise. To determine if the product you wish to purchase qualifies for CBP Int'l’s 30 day limited guarantee or if other coverage applies please review the coverage terms in the item listing on our website.
Software, consumables and some other categories of products that do not qualify for CBP Int'l’s 30 day limited guarantee have less extensive returns privileges and may be supported exclusively through the manufacturer’s or supplier’s warranty. Please check the item listing for specific details regarding individual products coverage. Terms and conditions may vary by manufacturer, supplier or product. CBP Int'l will assist customers whenever possible in gaining satisfaction with product manufacturers and suppliers.
All returns require a Return Authorization number to be issued prior to being returned. Returned products must be in new condition, include original outer packaging, all items, registration cards, inner packing materials and other accessories and be received within 30 days of the date shipped. We reserve the right to refuse for return or charge a restocking fee for damaged, incomplete or otherwise non-conforming returns. Returns will not be accepted without a Return Authorization number issued by CBP Int'l or when the product manufactures or distributors return policies supersede ours.
This is a summary only. You can review our complete Return Policy and Procedures in our help center. You can also review warranty coverage and returns privileges for any specific product in that item’s listing on our website. You can request a Return Authorization for most products eligible for return through the link provided in our contact form.
REGARDING BUNDLES: Bundled items are included while supplies last. Items of similar or greater value may be substituted.
WARRANTY LIMITATIONS: There are no other express warranties or conditions respecting the equipment. Implied warranties, if any, are limited to the duration of the express warranty provided herein. Some states do not allow limitations on how long an implied warranty lasts so that the foregoing limitation may not apply to you.
LIMITATION OF LIABILITY: In no event shall CBP Intl or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PROCESSING TIME: Your order is thoroughly reviewed by our Credit Card Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Credit Card Department, it is sent to our warehouse for shipment.
NOTE: We do not charge your credit or debit card until your order is shipped, however we do attempt to get an authorization on your card for the amount of your order at the time your order is placed. This authorization is not a charge but still may utilize a portion of your credit limit or available funds making those funds or portion of your credit limit unavailable for other use. In the unlikely event that your order is delayed or cancelled the authorization will expire and your credit limit or available funds will again become available for use. The amount of time it takes for an authorization to expire is dependent on the policies of the bank that issued your card and ranges from one to seven business days.
Please note, credit card processing can take up to three business days (depending on the accuracy of the information given to us by the customer.). Further, for security reasons, voice confirmation may be required before we can process your credit card for payment.
If the item(s) on your order are in-stock, we will ship them as soon as possible from our warehouse or from one of our Distribution Warehouses located throughout the country. If the item(s) on your order are out of stock, they will not be shipped until we have received and processed the back-ordered inventory in our warehouse.
TRANSIT TIME: UPS Ground: 3 - 8 Business Days; UPS Second Day: 2 Business Days; UPS Next Day Air: 1 Business Day NOTE: Saturday & Sunday deliveries are not available.
TOTAL TIME FOR DELIVERY: Total time is based on the amount of time it takes to get payment authorization, order processing, and the transit time from the carrier. This can range from 24 hours to 10 days for in-stock items.
SHIPPING AND HANDLING: Shipping and charges will be applied to all orders placed with us. If your order must be shipped in multiple boxes, or in separate shipments in the event an item is not in stock and must ship at a later date, shipping and handling charges for the entire order will be assessed at the point when the first item is shipped. We charge only ONCE for shipping for the entire order. Should you have any questions or concerns regarding these charges, feel free to email us.
CREDIT/DEBIT CARD AUTHORIZATIONS: An authorization on a credit or debit card is a hold against your banks credit card spending limit. When the goods are shipped, a charge for the total amount of the order shipped will be sent to your credit card bank. Your bank should release the authorization when the charge is received. A charge is the only time a transfer of funds is completed; an authorization is not a transfer of funds.
RISK OF LOSS: If the Customer provides CBP Int'l with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for CBP Int'l, title to products and risk of loss or damage during shipment passes from CBP Int'l to Customer upon shipment from CBP Int'l's facility. For all other shipments, title to products and risk of loss or damage during shipment passes from CBP Int'l to Customer upon receipt by Customer. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. CBP Int'l retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
EXPORT REGULATIONS: If this transaction involves an export under the U.S. export regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported by Circle of Beautiful People International Corp. were exported in accordance with such regulations. Diversion, use, export or re-export contrary to law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under the law to receive commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the country.
DISPUTE RESOLUTION: AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS
You and CBP Int'l agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from CBP Int'l by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in Newcastle County, Wilmington, Delaware.
We agree that the American Arbitration Association shall administer the arbitration, and that the American Arbitration Association's Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association's web site at www.adr.org. You and CBP Int'l agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. You and CBP Int'l agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. If you wish to begin arbitration against Circle of Beautiful People International Corp. you must file a case with the American Arbitration Association.
This Arbitration Agreement affects your legal rights. Arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and CBP Int'l are each waiving the right to a trial by jury or to participate in a class action.