Terms of Service

Dozer CPM LLC - Terms of Service

IMPORTANT: PLEASE READ AND UNDERSTAND THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE YOU ACCESS, USE, OR SUBSCRIBE TO WWW.DOZERCPM.COM. THESE TERMS INCLUDE IMPORTANT DISCLAIMERS REGARDING REPRESENTATIONS, WARRANTIES, AND LIMITATIONS OF LIABILITY (SEE SECTIONS 6, 9, AND 10). THESE TERMS ARE A CORE PART OF OUR AGREEMENT WITH YOU. PLEASE PRINT AND KEEP A COPY FOR YOUR RECORDS.

These terms govern your use of www.dozercpm.com (and all its subdomains, collectively, the "Website"), which is owned and operated by Dozer CPM LLC ("Dozer CPM," "we," "our," "us"). By using the Website, you agree to the rules, conditions, and guidelines outlined below. We offer the Website, including all its information, opportunities, tools, products, and services (referred to as the "Services"), to you, the user, on the condition that you accept all these policies, terms, and notices. When you access, use, or subscribe to the Website, you confirm that you have the legal right, authority, and ability to agree to these terms, and both you and your business accept their provisions. If you do not agree to these terms completely, you are not permitted to use the Website and must leave immediately.

These Terms, along with our Privacy Policy, form a legally binding agreement between you and your business ("you" or "your business") and Dozer CPM. You should read them carefully. These Terms control your access, use, and attempted use of the Website and the Services provided by Dozer CPM.

These Terms include provisions for arbitration and a waiver of class action lawsuits, meaning you give up your right to a court hearing, a jury trial, and participation in a class action. Arbitration is mandatory and is the only way to resolve disputes, unless stated otherwise in SECTION 11 below.

Dozer CPM can update and change these Terms and any linked documents at any time by posting the revisions on our Website. It's your responsibility to check this page periodically for updates. You can always find the latest version of these Terms at www.dozercpm.com/terms-of-service. If you continue to use the Website after changes are posted, you accept those changes.

Note that to buy a course or service from Dozer CPM LLC, you'll need to agree to additional contractual terms.

Table of Contents:

WEBSITE USE
WEBSITE USER CONDUCT AND RESTRICTIONS
OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
PROHIBITED USE OF THE WEBSITE
INFORMATION YOU PROVIDE; REGISTRATION; USERNAMES AND PASSWORDS
DISCLAIMER – YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY
YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
DISCLAIMERS OF OTHER WARRANTIES
LIMITATIONS OF LIABILITIES
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
DOZER CPM’S ADDITIONAL REMEDIES
INDEMNIFICATION
NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
THIRD-PARTY LINKS
TERMINATION
NO WAIVER
GOVERNING LAW AND VENUE
FORCE MAJEURE
ASSIGNMENT
ELECTRONIC SIGNATURE
CHANGES TO THE AGREEMENT
SEVERABILITY
ENTIRE AGREEMENT
CONTACTING US

1. WEBSITE USE

1.1 The Website is for the educational benefit of adults and businesses run by adults. By using the Website, you confirm that you are at least eighteen (18) years old or the legal age of majority in your state or province (whichever is greater), that you have the legal ability to enter into a binding contract with us, and that you have read, understood, and agree to these Terms.

1.2 If you are under eighteen (18) years old, your parent or legal guardian must read, understand, and agree to these Terms on your behalf before you use the Website. If you do not agree to these Terms or haven't gotten your parent or legal guardian's consent, do not access or use the Website.

2. WEBSITE USER CONDUCT AND RESTRICTIONS

2.1 All parts of our Website, including design, text, logos, taglines, trademarks, trade names, metatags, hashtags, photos, personal stories, icons, video/audio clips, personal training sessions, marketing tips/strategies, and downloads, are protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, register as a domain name, reproduce, distribute, republish, upload, display, post, transmit, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, try to get the source code of, grant a security interest in, publicly perform, publicly display, transfer, or exploit any material from or provided through the Website in any way. The Dozer CPM trademark and logo are proprietary to Dozer CPM LLC, and using them is strictly forbidden unless these Terms specifically allow it. Nothing in these Terms gives you the right to use, copy, register as a domain name, reproduce, republish, upload, display, post, transmit, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, try to get the source code of, grant a security interest in, publicly perform, publicly display, transfer, or exploit any intellectual property (like design elements, text, logos, trademarks, images, stories, videos, training sessions, patents, trade dress, trade secrets, or confidential information) owned by Dozer CPM.

2.2 As long as you strictly follow all Terms, Dozer CPM grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you don't gain any ownership rights to any material protected by intellectual property laws. You agree not to use or try to use the Website in any illegal or harmful way. You also agree not to commit or attempt to commit any illegal or harmful act on or through the Website, including, but not limited to: (i) hacking or other digital/physical attacks on the Website; (ii) publishing vulgar, obscene, or defamatory material; (iii) any other illegal act; or (iv) any act described in SECTION 4.

3. OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the handling and protection of your and your business's non-public, personal information. When you submit personal information through the Website, it's governed by our Privacy Policy, which you can view at www.dozercpm.com/privacy-policy. Dozer CPM may modify its Privacy Policy at its reasonable discretion. Our Privacy Policy is incorporated into these Terms by reference.

4. PROHIBITED USE OF THE WEBSITE

You agree not to use or attempt to use the Website in any unlawful manner or in a way that harms Dozer CPM. You also agree not to commit or attempt to commit any unlawful or harmful act on or through the Website, including, but not limited to, avoiding the activities described in this SECTION 4.

Harmful Acts: A harmful act includes any dishonest or unethical business practice; any violation of law; damaging Dozer CPM’s reputation; hacking and other digital or physical attacks on the Website; using any device, software, or routine that interferes with the proper functioning of the Website or its servers/networks, or taking any other action that interferes with another's use of the Website; using any agent, "robot," script, "spider," or other automatic or manual device or process to collect information from the Website for purposes other than a general search engine, including, but not limited to, actions that spam, phish, pretext, spider, or scrape the Website; otherwise collecting or tracking others' personal information; any violation of Dozer CPM's or any third party's rights, including, but not limited to, using any company name, service marks, or trademarks without prior written consent, including as metatags or hidden text.

"Spamming" and Unsolicited Communication: We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you that can reasonably be considered "spamming," or any other unsolicited communications (including, without limitation, social media or third-party blog postings) will be deemed a serious threat to Dozer CPM’s reputation and to the rights of third parties.

Offensive Communications: An offensive communication includes any communication sent, posted, or authorized by you, including, without limitation, postings on any website, social media account, or blog you operate, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; encouraging unlawful behavior; or that violates another's intellectual property rights.

Reproduction of Website Content: Unless specifically allowed in these Terms, no information, materials, files, videos, or other content (collectively "Content") that makes up, is in, or is distributed through the Website may be reproduced or used by you without Dozer CPM's prior written permission. The Website and its Content are the property of Dozer CPM, its licensees, and/or licensors. The Website and Content are protected by copyright laws and international agreements. You acknowledge that Dozer CPM or its clients, business partners, licensees, or licensors (as applicable) own and will keep the exclusive right, title, and ownership of all design elements, text, logos, taglines, trademarks, trade names, metatags, hashtags, photos, personal stories, icons, videos, audio clips, personal training sessions, or other copyrighted materials, patents, trade dress, trade secrets, or confidential/proprietary information on the Website and all Content. You agree not to use any automated means (including, but not limited to, agents, robots, scripts, or spiders) to access, monitor, or copy any part of the Website or its Content. You agree not to copy, reproduce, republish, upload, display, post, transmit, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to get the source code of, grant a security interest in, publicly perform, publicly display, transfer, or exploit the Website, the Content, any related technology or software, or any part of these. All copyright, trademark, or other proprietary notices on the Website or any Content must be kept and shown at all times.

5. INFORMATION YOU PROVIDE; REGISTRATION; USERNAMES AND PASSWORDS

As a Dozer CPM user, you may need to create an account for yourself or your business with Dozer CPM. You guarantee that the information you provide us is true and accurate and that you are not impersonating anyone else. You are responsible for keeping any password you use to access your or your business’s Dozer CPM user account confidential. You agree not to transfer your password or username, or lend or otherwise transfer your use of or access to your or your business’s user account, to any unauthorized third party. You are fully responsible for all transactions with, and information given to, Dozer CPM under your or your business’s user account. You agree to immediately notify Dozer CPM of any unauthorized use of your or your business’s password or username, or any other security breach related to your or your business’s user account. You and your business agree that Dozer CPM is not responsible, and you will protect Dozer CPM, for any loss or damage resulting from your failure to meet these obligations. Please see SECTION 10 below for more details.

6. DISCLAIMER – YOUR INDIVIDUAL RESULTS WILL VARY

6.1 Every person and business is unique, with different strategies, structures, and service/product offerings. Therefore, individual results will vary from user to user.

YOU AND/OR YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY DEPENDING ON MANY FACTORS SPECIFIC TO YOU AND/OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, YOUR LOCATION, BUSINESS MODEL, STAFF, AND SERVICE AND PRODUCT OFFERINGS.

6.2 Dozer CPM does not promise, guarantee, or warrant your business's success, income, or sales. You understand and acknowledge that Dozer CPM will never provide sales leads or referrals to you or your business. Businesses that use or buy our Services may get access to marketing and operational strategies and tools. However, we don't guarantee your business's success, and due to many market factors beyond our control, the tools and strategies we provide may or may not apply to your specific business. Furthermore, we don't claim that our tools, strategies, or other offerings will earn your business any specific amount of money, and it's possible you won't get your investment back. We do not sell a business opportunity, a "get rich quick" program, a guaranteed system, a franchise system, or a "business in a box." You should not buy our Services if that is your expectation. Instead, you should buy them understanding that using the information and tools purchased will require time and effort and may be useful in some situations but not others. We do not offer any tax, accounting, financial, or legal advice. You should consult your business’s accountant, attorney, or financial advisor for advice on these topics.

7. YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You are solely and exclusively responsible for following all applicable laws and regulations when running your business, including, but not limited to, laws governing advertising and marketing claims, subscriptions, refunds, special offers, tax laws, and any other laws that apply to your business. Dozer CPM will not be liable for your or your business's violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, that may apply to your business's sales of products or services. Dozer CPM is not responsible for collecting or reporting any taxes that may apply to your business or your business's sales of products or services. You agree to protect Dozer CPM as outlined in SECTION 13 below if you and/or your business violate any law and a claim is threatened or brought against Dozer CPM as a result. You understand and agree that when running your business, transactions may be subject to sales tax, and it is your sole responsibility to collect and report such tax for sales to your customers.

8. TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Dozer CPM appreciates hearing from users and clients and welcomes your feedback on our Services. Dozer CPM may use testimonials and/or product reviews, in whole or in part, along with the name, city, and state of the person who submitted it. Testimonials may be used for any activity related to Dozer CPM’s Services, in print and online media, as Dozer CPM decides at its sole discretion. Testimonials represent the unique experience of the participants and businesses who submitted them, and do not necessarily reflect the experience you and your business may have using our Services. As stated in SECTION 6 above, your business’s results will vary based on factors unique to your business and market forces beyond Dozer CPM’s control. Anything you or your business submit or post to the Website, or provide to us through email, forms, surveys, comments, or any other medium, or post on social media or other websites about us (including, without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, biographies, your business’s name, comments, and suggestions) is and will be treated as non-confidential and non-proprietary. We will have a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. You and your business agree that Dozer CPM may assign this authorization and license to any other party. Additionally, Dozer CPM reserves the right to correct grammar and typing errors, shorten submissions before publication or use, and review all submissions before publication or use. Dozer CPM is not obligated to use all or any part of any submission.

9. DISCLAIMERS OF OTHER WARRANTIES

Except where law prohibits or makes it inapplicable: You explicitly agree that you and your business use, try to use, or cannot use the Website at your and your business's sole risk.

THE WEBSITE, THE CONTENT, AND THE SERVICES FOUND AND OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

We make no, and explicitly disclaim all, representations and warranties about the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website. We do not guarantee, represent, or warrant that your or your business's use of our Website will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results from using the Website will be accurate or reliable. You and your business agree that we may occasionally remove the Website or Content for indefinite periods or cancel the Website or any Services at any time, without notice to you or your business.

10. LIMITATIONS OF LIABILITIES

10.1 Except where prohibited by law or inapplicable: In no event will Dozer CPM, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), statute, strict liability, or otherwise. These damages may arise from your or your business’s use, attempted use, or inability to use any part of the Website or Services, including, but not limited to, any errors or omissions in any Content, or any loss or damage incurred as a result of using the Website or any Content or Services posted, transmitted, or otherwise made available, even if advised of the possibility of such damages.

10.2 If, despite the liability limitation above, Dozer CPM is found liable under any legal theory, Dozer CPM’s liability and your and your business’s exclusive remedy will be limited to the lesser of (i) USD $1,000.00, or (ii) the total amount of money you or your business paid to Dozer CPM in the one (1) month period immediately before the incident on which your or your business’s alleged claim is based. This limitation of liability applies to all claims, regardless of whether Dozer CPM was aware of or advised in advance of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you or your business.

11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

11.1 PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’S RIGHTS. UNLESS PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY FUTURE CLAIM YOU OR YOUR BUSINESS MAY HAVE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU AND YOUR BUSINESS AGREE TO GIVE UP THE RIGHT TO A JURY TRIAL. THE RIGHTS YOU OR YOUR BUSINESS WOULD HAVE IN COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR NON-EXISTENT. YOU AND YOUR BUSINESS AGREE TO ONLY BRING A CLAIM INDIVIDUALLY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND YOUR BUSINESS FURTHER AGREE THAT THE ARBITRATOR CANNOT COMBINE PROCEEDINGS OR CLAIMS OR OTHERWISE OVERSEE ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION DECISION IS LIMITED. HOWEVER, AN ARBITRATOR CAN GRANT THE SAME DAMAGES AND RELIEF INDIVIDUALLY AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS OF SERVICE JUST AS A COURT WOULD.

11.2 If you or your business has a complaint, dispute, or disagreement, you and your business agree to first contact us at legal@DozerCPM.com to try to resolve the issue informally. Any controversy or claim arising from or related to the use of the Website, any service, product, or information, or your and your business’s relationship with us that cannot be resolved informally or through negotiation within one hundred and twenty (120) days will be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and the arbitrator's award can be entered as a judgment in any court with jurisdiction. We agree that any claim we have against you or your business will also be subject to this arbitration provision, except as stated in SECTION 12 and SECTION 13 below. The arbitration will be conducted by a single neutral arbitrator in English in Tucson, AZ unless we both agree to a phone or written arbitration. The arbitrator will be chosen by mutual agreement, or if we can't agree, according to AAA Rules. The arbitration will follow the AAA’s Commercial Arbitration Rules and Mediation Procedures, in effect when the arbitration demand is submitted. AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will have the sole authority to resolve any dispute about the interpretation, construction, validity, applicability, or enforceability of these Terms of Service, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference. The arbitrator will have the sole authority to determine if any dispute can be arbitrated and if this arbitration agreement can be enforced against a non-signatory to these Terms, or if a non-signatory can enforce this provision against you, your business, or Dozer CPM. Payment of all filing, administration, and arbitrator fees will follow AAA Rules. In all other respects, regardless of who partially or fully wins, each party will pay their own additional fees, costs, and expenses, including those for attorneys, experts, documents, and witnesses.

11.3 The arbitrator will follow the substantive law of the State of Arizona, without regard to its conflict of laws principles. Any award issued will include a confidential written opinion and will be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. The arbitrator's award can be entered as a judgment in any competent court.

11.4 You, your business, and Dozer CPM agree that disputes will only be arbitrated individually and will not be combined on a class-wide or other representative basis, nor merged with any other arbitrations or proceedings involving any other party's claim or controversy. You, your business, and Dozer CPM explicitly waive any right to pursue any class or other representative action against each other. Failure or delay in enforcing this arbitration provision for any particular claim will not waive any rights to require arbitration later or for other claims, except that all claims must be brought within one (1) year after the claim arises (this one-year period includes the one hundred and twenty (120) day informal resolution procedures mentioned above).

11.5 This arbitration provision outlines the terms and conditions of our agreement to final and binding confidential arbitration, and it is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

11.6 This provision remains in effect even if your account or relationship with Dozer CPM ends, or in cases of bankruptcy, assignment, or transfer. If the class action waiver is found unenforceable (meaning unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision will become null and void and will not apply. If only a part of this arbitration provision (other than the class action waiver) is deemed unenforceable, the rest of this arbitration provision will remain fully in effect.

11.7 YOU UNDERSTAND THAT WITHOUT AGREEING TO THESE TERMS, YOU AND YOUR BUSINESS WOULD HAVE HAD THE RIGHT TO GO TO COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION ACCORDING TO THIS ARBITRATION PROVISION.

12. DOZER CPM’S ADDITIONAL REMEDIES

To prevent or limit irreparable harm to Dozer CPM, if you or your business breach or threaten to breach these Terms, or infringe or threaten to infringe Dozer CPM’s or a third-party’s intellectual property, Dozer CPM can seek a temporary restraining order, preliminary and permanent injunctions, or other fair legal relief from a competent court in Tucson, Arizona, to stop such breach or infringement. Nothing in these Terms prevents Dozer CPM from pursuing other available remedies in court for such breaches or infringements, including recovering monetary damages from you and your business. You and your business permanently agree to the exclusive personal jurisdiction of, and exclusive location for lawsuits in, the courts of Tucson, Arizona for all such claims, and forever waive any challenge to those courts’ exclusive jurisdiction or location.

13. INDEMNIFICATION

To the fullest extent allowed by law, you agree to defend, protect, and hold harmless Dozer CPM, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from any and all claims, lawsuits, losses, liabilities, damages, expenses, demands, and costs of any kind. This includes, but is not limited to, attorneys’ fees and costs of any litigation or other dispute resolution, arising from, resulting from, or in any way connected with or related to (i) your use, misuse, attempted use, or inability to use the Website, information, or Services, (ii) information you submit or send through the Website, (iii) your violation of these Terms, the documents they refer to, the Agreement, or the promises and guarantees you made in these Terms, or (iv) your violation of any law or the rights of a third party.

14. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

If you believe that materials or content on any Dozer CPM website infringe a copyright you own, you or your agent may send Dozer CPM a notice asking Dozer CPM to remove the materials or content from the Dozer CPM website. If you believe someone has wrongly filed a notice of copyright infringement against you, you may send Dozer CPM a counter-notice. Notices and counter-notices should be sent to: Dozer CPM LLC 120 S Houghton Rd. Suite 138-235 Tucson, AZ 85748 Email: support@dozercpm.com

15. THIRD-PARTY LINKS

The Website may contain links to other websites. Dozer CPM takes no responsibility for the content or functionality of any website not owned by Dozer CPM that we link to. Please refer to our Privacy Policy for more details.

16. TERMINATION

These Terms will take effect (or shall re-take effect) at the time you click “SUBMIT,” “I ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you or your business fail, or we suspect that you or your business have failed, to comply with any provision of these Terms, we may terminate the Terms or suspend your and your business’s access to the Website at any time without notice. SECTIONS 6 through 13, 15 through 20, and 24 through 32 of these Terms, as well as any representations, warranties, and other obligations made or undertaken by you or your business, shall survive the termination of these Terms and/or your account or your business’s account or relationship with Dozer CPM. Upon termination, you and your business remain responsible for any outstanding payments to Dozer CPM on a non-prorated basis.

17. NO WAIVER

No failure or delay on the part of Dozer CPM in exercising any right, power or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, powers, or remedies under these Terms. A waiver of any right or obligation under these Terms shall only be effective if in writing and signed by Dozer CPM.

18. GOVERNING LAW AND VENUE

These Terms and any issue or dispute arising out of or otherwise related to these Terms or your or your business’s access to or use of the Website, our Privacy Policy, or any matter concerning Dozer CPM shall be governed exclusively by the laws of the State of Arizona without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in SECTION 11 above, you and Dozer CPM agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Tucson, Arizona and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis. The parties will bear their own respective costs and attorneys’ fees, regardless of which party prevails.

19. FORCE MAJEURE

Dozer CPM will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in these Terms, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Dozer CPM. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under these Terms. Dozer CPM shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

20. ASSIGNMENT

Dozer CPM may assign its rights under these Terms at any time, without notice. Your and your business’s rights and obligations under these Terms cannot be assigned without Dozer CPM’s (or its assigns’) express written consent.

21. ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. You and your business agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

22. CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at www.dozercpm.com/terms-of-service. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms, including the Privacy Policy by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your and your business’s continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes.

23. SEVERABILITY

If any provision of these Terms is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.

24. ENTIRE AGREEMENT

These Terms, the Privacy Policy, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and your business and Dozer CPM, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Privacy Policy, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Privacy Policy shall not be construed against the drafting party.

25. CONTACTING US

We encourage our clients to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@dozercpm.com. If you have any questions or inquiries concerning any of the Terms, you may contact Dozer CPM by e-mail at support@dozercpm.com or by regular mail at:

Dozer CPM LLC
120 S Houghton Rd.
Suite 138-235
Tucson, AZ 85748
Email: support@dozercpm.com

Notices to you may be made by posting a notice (or a link to a notice) on www.dozercpm.com/terms-of-service, by e-mail, or by regular mail, at Dozer CPM’s discretion.

Scroll to the Top