Terms & Conditions

1. Acceptance of Terms

If You do not agree to these Terms, then do not use Our Services or Our Website.

We reserve the right, in Our sole discretion, to add to, discontinue, change, modify, or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep Yourself informed of any changes. If You do not agree with any of the changes, You must discontinue using the Website and Services. We will post the most current Terms on the Website. You hereby agree that CMD shall not be liable to You or any third party for any amendments to the Terms.

By purchasing or using any of Our Programs, Products, or Services, You agree to abide by these Terms, including Our Privacy Policy, below, and any other terms and conditions that apply. 

All of Our Services are intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to any Service by anyone under age 18 is unauthorized, unlicensed, and in violation of these Terms unless You have permission from or are supervised by a parent or legal guardian. You may not use the Services or accept these Terms if You are not of a legal age to form a binding contract with Us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such a company or entity (and in which case “You” will refer to the company or entity).

2. Non-disclosure of Confidential Information

3. Services

We provide Career Navigation and Community Engagement Services, which You can learn more about by selecting these options on the Services drop-down menu at the top of Our Website.

4. Payment

Payment for career navigation services to individuals is required before Services are provided. When We work with community partners to provide services, payment will be based on the contract We have with those partners. 

CMD invoices and accepts payments through PayPal and Stripe. Payments may also be accepted via Venmo, Cash App, or through the Website. Money Orders and checks may also be accepted. 

By submitting Your payment information, You grant Us the right to store and process Your information with the third-party payment service(s), which may change from time to time; You agree that We will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding Your information are subject to the conditions of the third-party payment service provider’s terms of service, available on those providers’ websites. 

You acknowledge that We may change the third-party payment service and move Your information to other service providers that encrypt Your information using secure socket layer technology (SSL) or other comparable security technology.

5. Third-Party Links

Sometimes Our Website or social media sites may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty, or guarantee by CMD of any such linked website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products, or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold Us harmless and hereby release Us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of Your actions or the actions of any User associated with Your account, offering to accept or having accepted any products or services that are available from available from those sites.

6. Earnings and Income Disclaimer

We cannot and do not make any guarantees about Your ability to get results, find a job, or earn any money with Our ideas, information, tools, or strategies. All of Our Services are for educational and informational purposes only. Nothing on this Website, or in any of Our content or curriculum is a promise or guarantee of results or future earnings, and We do not offer any legal, medical, tax, or other professional advice. Use caution and always consult Your accountant, lawyer, therapist, or professional advisor before acting on this or any information related to a lifestyle change or Your career or finances. You alone are responsible and accountable for Your decisions, actions, and results in life, and by using Our Services, You agree not to hold Us liable for Your decisions, actions, or results, at any time, under any circumstance.

7. Disclaimers of Warranties

You acknowledge and agree that CMD Services, including without limitation, any products, goods, services, websites, presentations, advice, or any other information provided therein are provided “as is” and “as available,” with all faults, errors and omissions, and without any performance assurances or guarantees of any kind. 

We expressly disclaim any and all warranties, conditions, and representations, express or implied, regarding the CMD Services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, uptime, accessibility, and warranties arising from course of dealing, usage, or trade practice. We make no guarantee or warranty that the CMD Service will meet Your requirements or that they will be uninterrupted or error-free. We further make no guarantee or warranty as to Your goals, results, benefits, or outcomes that may be achieved or obtained through the use of any CMD Services. You agree to use any CMD Services at Your sole risk.

8. Indemnity

BY USING THIS WEBSITE OR OUR SERVICES, YOU AGREE TO DEFEND (USING LEGAL COUNSEL ACCEPTABLE TO CMD), INDEMNIFY, AND HOLD HARMLESS CMD AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND VOLUNTEERS (COLLECTIVELY THE “INDEMNIFIED PARTIES”) FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES, RESULTING DIRECTLY OR INDIRECTLY FROM A CLAIM BY A THIRD-PARTY IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY ARISING FROM OR ARE IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ACT, OMISSION, OR NEGLIGENCE OF YOU OR YOUR PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, INVITEES, OR CONTRACTORS; AND/OR ANY BREACH, VIOLATION, OR NONPERFORMANCE OF ANY OF YOUR OBLIGATIONS UNDER THESE TERMS.

9. Limitation of Liability

IN NO EVENT SHALL CMD OR ITS MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OR VOLUNTEERS BE LIABLE TO YOU, ANY USER OF THIS WEBSITE, ANY USER OF CMD SERVICES, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE CMD’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO CMD FOR SERVICES.

10. Returns, Refunds, and Cancellations / Terminations

We may terminate Your access to Our Website or Services in Our sole discretion, for any or no reason and at any time, with or without prior notice. It is Our policy to terminate Users who violate these Terms and Conditions, as deemed appropriate in Our sole discretion. You agree that We are not liable to You or any third-party  for any termination of Your access to Our Website or Services.

If You have not made contact after sixty (60) calendar days after payment We can end Services to You unless other contracts or MOUs have been put in place that state otherwise.

CMD reserves the right, in its sole discretion, to decide whether or not a return or refund of Our products or services will be fulfilled. If You have questions about Our products or services, please send Us an email at contactus@chocolatemilkdiplomacy.com.

11. Privacy

Your privacy is important to us. When You purchase CMD Services, CMD is collecting information. The information CMD collects may include Your name and email address and additional contact and billing information. CMD never sells or rents Your information. We also collect User data ranging from social networks to track results of advertisements.

Example data we may collect on our users:

The age, ethnicity, job status, gender, country, and city of the User to track personal information and demographics for advertising and marketing purposes. We store Your email address, to send emails such as advertisement offers or messages to You. However, CMD does not share email addresses to third parties without Your consent.

The data is retained for at least as long as it takes to provide the Services, though it may be retained indefinitely in CMD’s records. You may request that We update, correct, or delete information that We have about You at any time by contacting Us at contactus@chocolatemilkdiplomacy.com. We take reasonable measures to help protect Your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.  

This privacy policy only covers CMD and not any other third parties, so You should direct any privacy concerns about those services to those companies directly.

We may anonymize and aggregate any of the personal information We collect, including information about Our Website visitors or Users such that it does not directly identify You. We may use such information to test Our IT systems, to conduct research, to analyze data, improve Our Services and develop new products or features. We may also share such anonymized information with other parties, such as grantors or non-profit partners.

We do not knowingly collect personal information from children under the age of 13. Should We ever do so, We will comply with the Children’s Online Privacy Protection Act.

12. Intellectual Property

Unless otherwise noted, all content contained on Our Website and Services is the property of CMD and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. 

Content is provided to You for Your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Website, Services, marks, site design, and technology. Using the Website and/or Services does not give You any ownership of or right in or to any content, marks, site design, or technology.

When you access websites or content owned by CMD, you agree that:

•  You will not copy, duplicate, or steal Our Website or Content.
•  You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for Your personal, non-commercial use, provided that You give Us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, You must include the link back to the Website page from which the Content was obtained.
•  You may not in any way at any time use, copy, adapt, imply, or represent that Our Website or its Content is yours or created by you.  By downloading, printing, or otherwise using Our Website Content for personal use You in no way assume any ownership rights of the Content.
•  You must receive Our written permission before using any of Our Website Content for Your own business use or before sharing with others. This means that You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link, or any other electronic means) any Website Content because that is considered stealing Our work.
•  We are granting You a non-exclusive, non-transferable, revocable, limited license to enjoy Our Website and its Content for Your own personal use, not for Your own business/commercial use or in any that earns You money, unless We give You written permission that You may do so.

As a Licensee, You understand and acknowledge that this Website and Our Services have been developed or obtained by Us through the investment of significant time, effort, and expense and that this Website and Our Services are valuable, special, and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that You may not use this Website or Our Services in a manner that constitutes an infringement of Our rights or that has not been authorized by us.

The trademarks and logos displayed on Our Website or Our Services are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Our written permission.

Request for permission to use content

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of W. R. Alex Berry, Member of CMD.

Any request for written permission to use Our Content, or any other intellectual property or property belonging to us, should be made BEFORE You wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail. For information on requesting such permission, please contact Us at contactus@chocolatemilkdiplomacy.com.

13. Access to Previous Purchases

As an accommodation to you, You may download previously purchased training materials (if available). However, materials are updated all of the time, and Your original materials may not be available if You do not download them at the time of purchase. If Your previously-purchased CMD training or Services are not available for additional downloads or later access You agree that CMD shall have no liability to You or any third-party.

Once You download an item, it is Your responsibility not to lose, destroy, or damage it, and You may want to back it up. CMD reserves the right to change content options (including eligibility for particular features) or remove access without notice.

14. Force Majeure

No party shall be liable for any delay or failure in performance of its obligations under this Agreement if such failure or delay is on account of a Force Majeure Event. A Force Majeure Event shall mean any causes beyond a party’s reasonable control, including labor disputes, civil commotion, war, riots, fires, floods, earthquakes, inclement weather, governmental regulations or controls, pandemics, epidemics, local disease outbreaks, public health emergencies, quarantines, casualty, strikes, the unavailability of labor or materials to the extent beyond the control of the party affected, embargoes, civil strife, acts of terrorism, or acts of God, in addition to any and all other events, regardless of their dissimilarity to the foregoing, deemed to render performance of the Agreement impracticable or impossible under the law, in which event the non-performing party shall be excused from its obligations for the period of the delay.

15. Governing Law & Venue

The formation, construction, performance, and enforcement of these Terms shall be in accordance with the laws of the United States and the state of Oregon without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In all circumstances, the parties specifically consent to the state courts located in Washington County or Multnomah County in the state of Oregon. 

You are solely responsible for ensuring compliance with the laws of Your specific jurisdiction (e.g., city, state, or country).

16. Dispute Resolution

Negotiation and Mediation

In the event of a dispute arising out of the Services, You agree to attempt to resolve any dispute by negotiation with CMD as quickly as possible. To this effect, the parties shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to both parties. If the parties are unable to resolve the dispute through negotiation, either party may commence mediation through the American Arbitration Association, or other forum mutually agreed upon before pursuing arbitration. In the case of mediation, each party may propose the names of three (3) mediators for consideration. If the parties are unable to agree to a mediator from these submissions, the parties will each choose a mediator from their respective list, upon which said mediators will confer and choose the actual mediator for the mediation. The mediators’ fees shall be split evenly between parties; provided, however, that each party shall pay their own respective attorneys’ fees and costs.

Arbitration

In the event that You and CMD cannot first settle Our disputes through negotiation and mediation, the parties may commence arbitration in accordance with the applicable rules and procedures of the Arbitration Service of Portland.

1. The party initiating arbitration shall give written notice to the other party. Within ten (10) days after such notice is given, one arbitrator shall be chosen by CMD, one by You and a third shall be selected by the two arbitrators from the membership of the Arbitration Service of Portland or other organization mutually agreed upon by the parties. If either party fails to appoint an arbitrator, the one appointed shall select a second from the membership of the Arbitration Service of Portland, and the two thus selected shall choose a third. 

2. Arbitration shall take place in Portland, Oregon, USA, or in another location if the parties mutually agree. The arbitration award shall be written in English. The Arbitrators may grant injunctive and other appropriate relief. The Arbitration award shall be final, binding on the parties, not subject to any appeal, and shall deal with the question of costs and all matters related thereto. Any monetary arbitration award shall be paid in US dollars.

3. Judgment upon the award rendered may be entered into any court having jurisdiction.

17. Severability

• such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, or
• shall be deemed excised from this Agreement, as the case may require, and
• these Terms shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted or as if such provision had not been originally incorporated herein, as the case may be.

18. Headings

The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.

19. Assignment & Delegation

You may not, without CMD’s prior written consent, assign or delegate Your rights or obligations under the Terms, in whole or in part, either voluntarily or by operation of law. Any attempt to assign rights or delegate duties of these Terms to provide Services without Our prior written consent will be a material default of these Terms and such assignment or delegation shall be void. We may assign the Services to a third-party  at any time in Our sole discretion. These Terms will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs, and assigns.

20. Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

21. Survival of these Terms

The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

22. Entire Understanding

These Terms constitute the entire agreement and understanding of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.

Terms & Conditions

1. Acceptance of Terms

By accessing, downloading, or using Our Services, You (“User”, “You”, “Yourself”, “Your”), agree that these Terms form a contract entered into by electronic communications without necessity of a physical document and original handwritten signature between Yourself and CMD. Please read these Terms carefully, as they may have changed since Your last visit.

If You do not agree to these Terms, then do not use Our Services or Our Website.

We reserve the right, in Our sole discretion, to add to, discontinue, change, modify, or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep Yourself informed of any changes. If You do not agree with any of the changes, You must discontinue using the Website and Services. We will post the most current Terms on the Website. You hereby agree that CMD shall not be liable to You or any third party for any amendments to the Terms.

By purchasing or using any of Our Programs, Products, or Services, You agree to abide by these Terms, including Our Privacy Policy, below, and any other terms and conditions that apply. 

All of Our Services are intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to any Service by anyone under age 18 is unauthorized, unlicensed, and in violation of these Terms unless You have permission from or are supervised by a parent or legal guardian. You may not use the Services or accept these Terms if You are not of a legal age to form a binding contract with Us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such a company or entity (and in which case “You” will refer to the company or entity).

2. Non-disclosure of Confidential Information

In the performance of the Services, CMD will have access to confidential or proprietary information, including confidential or proprietary information concerning the details of Your personal background (“Confidential Information”). CMD undertakes to not use any such Confidential Information except in connection with the Services and to not disclose or release such Confidential Information to any third party without the Your prior consent. The foregoing shall not apply to (a) information in the possession of CMD before meeting with You; (b) information which is or becomes publicly available, other than through disclosure by CMD, such as Your publication or sharing of Your resume and cover letter; or (c) or information that CMD must disclose as a matter of law.

3. Services

We provide Career Navigation and Community Engagement Services, which You can learn more about by selecting these options on the Services drop-down menu at the top of Our Website.

4. Payment

Payment for career navigation services to individuals is required before Services are provided. When We work with community partners to provide services, payment will be based on the contract We have with those partners. 

CMD invoices and accepts payments through PayPal and Stripe. Payments may also be accepted via Venmo, Cash App, or through the Website. Money Orders and checks may also be accepted. 

By submitting Your payment information, You grant Us the right to store and process Your information with the third-party payment service(s), which may change from time to time; You agree that We will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding Your information are subject to the conditions of the third-party payment service provider’s terms of service, available on those providers’ websites. 

You acknowledge that We may change the third-party payment service and move Your information to other service providers that encrypt Your information using secure socket layer technology (SSL) or other comparable security technology.

5. Third-Party Links

Sometimes Our Website or social media sites may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty, or guarantee by CMD of any such linked website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products, or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold Us harmless and hereby release Us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of Your actions or the actions of any User associated with Your account, offering to accept or having accepted any products or services that are available from available from those sites.

6. Earnings and Income Disclaimer

We cannot and do not make any guarantees about Your ability to get results, find a job, or earn any money with Our ideas, information, tools, or strategies. All of Our Services are for educational and informational purposes only. Nothing on this Website, or in any of Our content or curriculum is a promise or guarantee of results or future earnings, and We do not offer any legal, medical, tax, or other professional advice. Use caution and always consult Your accountant, lawyer, therapist, or professional advisor before acting on this or any information related to a lifestyle change or Your career or finances. You alone are responsible and accountable for Your decisions, actions, and results in life, and by using Our Services, You agree not to hold Us liable for Your decisions, actions, or results, at any time, under any circumstance.

7. Disclaimers of Warranties

You acknowledge and agree that CMD Services, including without limitation, any products, goods, services, websites, presentations, advice, or any other information provided therein are provided “as is” and “as available,” with all faults, errors and omissions, and without any performance assurances or guarantees of any kind. 

We expressly disclaim any and all warranties, conditions, and representations, express or implied, regarding the CMD Services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality, uptime, accessibility, and warranties arising from course of dealing, usage, or trade practice. We make no guarantee or warranty that the CMD Service will meet Your requirements or that they will be uninterrupted or error-free. We further make no guarantee or warranty as to Your goals, results, benefits, or outcomes that may be achieved or obtained through the use of any CMD Services. You agree to use any CMD Services at Your sole risk.

8. Indemnity

BY USING THIS WEBSITE OR OUR SERVICES, YOU AGREE TO DEFEND (USING LEGAL COUNSEL ACCEPTABLE TO CMD), INDEMNIFY, AND HOLD HARMLESS CMD AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND VOLUNTEERS (COLLECTIVELY THE “INDEMNIFIED PARTIES”) FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES, RESULTING DIRECTLY OR INDIRECTLY FROM A CLAIM BY A THIRD-PARTY IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY ARISING FROM OR ARE IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ACT, OMISSION, OR NEGLIGENCE OF YOU OR YOUR PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, INVITEES, OR CONTRACTORS; AND/OR ANY BREACH, VIOLATION, OR NONPERFORMANCE OF ANY OF YOUR OBLIGATIONS UNDER THESE TERMS.

9. Limitation of Liability

IN NO EVENT SHALL CMD OR ITS MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OR VOLUNTEERS BE LIABLE TO YOU, ANY USER OF THIS WEBSITE, ANY USER OF CMD SERVICES, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE CMD’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO CMD FOR SERVICES.

10. Returns, Refunds, and Cancellations / Terminations

We may terminate Your access to Our Website or Services in Our sole discretion, for any or no reason and at any time, with or without prior notice. It is Our policy to terminate Users who violate these Terms and Conditions, as deemed appropriate in Our sole discretion. You agree that We are not liable to You or any third-party  for any termination of Your access to Our Website or Services.

If You have not made contact after sixty (60) calendar days after payment We can end Services to You unless other contracts or MOUs have been put in place that state otherwise.

CMD reserves the right, in its sole discretion, to decide whether or not a return or refund of Our products or services will be fulfilled. If You have questions about Our products or services, please send Us an email at contactus@chocolatemilkdiplomacy.com.

11. Privacy

Your privacy is important to us. When You purchase CMD Services, CMD is collecting information. The information CMD collects may include Your name and email address and additional contact and billing information. CMD never sells or rents Your information. We also collect User data ranging from social networks to track results of advertisements.

Example data we may collect on our users:

The age, ethnicity, job status, gender, country, and city of the User to track personal information and demographics for advertising and marketing purposes. We store Your email address, to send emails such as advertisement offers or messages to You. However, CMD does not share email addresses to third parties without Your consent.

The data is retained for at least as long as it takes to provide the Services, though it may be retained indefinitely in CMD’s records. You may request that We update, correct, or delete information that We have about You at any time by contacting Us at contactus@chocolatemilkdiplomacy.com. We take reasonable measures to help protect Your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.  

This privacy policy only covers CMD and not any other third parties, so You should direct any privacy concerns about those services to those companies directly.

We may anonymize and aggregate any of the personal information We collect, including information about Our Website visitors or Users such that it does not directly identify You. We may use such information to test Our IT systems, to conduct research, to analyze data, improve Our Services and develop new products or features. We may also share such anonymized information with other parties, such as grantors or non-profit partners.

We do not knowingly collect personal information from children under the age of 13. Should We ever do so, We will comply with the Children’s Online Privacy Protection Act.

12. Intellectual Property

Unless otherwise noted, all content contained on Our Website and Services is the property of CMD and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. 

Content is provided to You for Your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Website, Services, marks, site design, and technology. Using the Website and/or Services does not give You any ownership of or right in or to any content, marks, site design, or technology.

When you access websites or content owned by CMD, you agree that:

•  You will not copy, duplicate, or steal Our Website or Content.
•  You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for Your personal, non-commercial use, provided that You give Us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, You must include the link back to the Website page from which the Content was obtained.
•  You may not in any way at any time use, copy, adapt, imply, or represent that Our Website or its Content is yours or created by you.  By downloading, printing, or otherwise using Our Website Content for personal use You in no way assume any ownership rights of the Content.
•  You must receive Our written permission before using any of Our Website Content for Your own business use or before sharing with others. This means that You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link, or any other electronic means) any Website Content because that is considered stealing Our work.
•  We are granting You a non-exclusive, non-transferable, revocable, limited license to enjoy Our Website and its Content for Your own personal use, not for Your own business/commercial use or in any that earns You money, unless We give You written permission that You may do so.

As a Licensee, You understand and acknowledge that this Website and Our Services have been developed or obtained by Us through the investment of significant time, effort, and expense and that this Website and Our Services are valuable, special, and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that You may not use this Website or Our Services in a manner that constitutes an infringement of Our rights or that has not been authorized by us.

The trademarks and logos displayed on Our Website or Our Services are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Our written permission.

Request for permission to use content

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of W. R. Alex Berry, Member of CMD.

Any request for written permission to use Our Content, or any other intellectual property or property belonging to us, should be made BEFORE You wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail. For information on requesting such permission, please contact Us at contactus@chocolatemilkdiplomacy.com.

13. Access to Previous Purchases

As an accommodation to you, You may download previously purchased training materials (if available). However, materials are updated all of the time, and Your original materials may not be available if You do not download them at the time of purchase. If Your previously-purchased CMD training or Services are not available for additional downloads or later access You agree that CMD shall have no liability to You or any third-party.

Once You download an item, it is Your responsibility not to lose, destroy, or damage it, and You may want to back it up. CMD reserves the right to change content options (including eligibility for particular features) or remove access without notice.

14. Force Majeure

No party shall be liable for any delay or failure in performance of its obligations under this Agreement if such failure or delay is on account of a Force Majeure Event. A Force Majeure Event shall mean any causes beyond a party’s reasonable control, including labor disputes, civil commotion, war, riots, fires, floods, earthquakes, inclement weather, governmental regulations or controls, pandemics, epidemics, local disease outbreaks, public health emergencies, quarantines, casualty, strikes, the unavailability of labor or materials to the extent beyond the control of the party affected, embargoes, civil strife, acts of terrorism, or acts of God, in addition to any and all other events, regardless of their dissimilarity to the foregoing, deemed to render performance of the Agreement impracticable or impossible under the law, in which event the non-performing party shall be excused from its obligations for the period of the delay.

15. Governing Law & Venue

The formation, construction, performance, and enforcement of these Terms shall be in accordance with the laws of the United States and the state of Oregon without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In all circumstances, the parties specifically consent to the state courts located in Washington County or Multnomah County in the state of Oregon. 

You are solely responsible for ensuring compliance with the laws of Your specific jurisdiction (e.g., city, state, or country).

16. Dispute Resolution

Negotiation and Mediation

In the event of a dispute arising out of the Services, You agree to attempt to resolve any dispute by negotiation with CMD as quickly as possible. To this effect, the parties shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to both parties. If the parties are unable to resolve the dispute through negotiation, either party may commence mediation through the American Arbitration Association, or other forum mutually agreed upon before pursuing arbitration. In the case of mediation, each party may propose the names of three (3) mediators for consideration. If the parties are unable to agree to a mediator from these submissions, the parties will each choose a mediator from their respective list, upon which said mediators will confer and choose the actual mediator for the mediation. The mediators’ fees shall be split evenly between parties; provided, however, that each party shall pay their own respective attorneys’ fees and costs.

Arbitration

In the event that You and CMD cannot first settle Our disputes through negotiation and mediation, the parties may commence arbitration in accordance with the applicable rules and procedures of the Arbitration Service of Portland.

1. The party initiating arbitration shall give written notice to the other party. Within ten (10) days after such notice is given, one arbitrator shall be chosen by CMD, one by You and a third shall be selected by the two arbitrators from the membership of the Arbitration Service of Portland or other organization mutually agreed upon by the parties. If either party fails to appoint an arbitrator, the one appointed shall select a second from the membership of the Arbitration Service of Portland, and the two thus selected shall choose a third. 

2. Arbitration shall take place in Portland, Oregon, USA, or in another location if the parties mutually agree. The arbitration award shall be written in English. The Arbitrators may grant injunctive and other appropriate relief. The Arbitration award shall be final, binding on the parties, not subject to any appeal, and shall deal with the question of costs and all matters related thereto. Any monetary arbitration award shall be paid in US dollars.

3. Judgment upon the award rendered may be entered into any court having jurisdiction.

BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR YOUR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.

17. Severability

If any provision of these Terms shall be invalid or unenforceable, in whole or in part, then:

• such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, or
• shall be deemed excised from this Agreement, as the case may require, and
• these Terms shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted or as if such provision had not been originally incorporated herein, as the case may be.

18. Headings

The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.

19. Assignment & Delegation

You may not, without CMD’s prior written consent, assign or delegate Your rights or obligations under the Terms, in whole or in part, either voluntarily or by operation of law. Any attempt to assign rights or delegate duties of these Terms to provide Services without Our prior written consent will be a material default of these Terms and such assignment or delegation shall be void. We may assign the Services to a third-party  at any time in Our sole discretion. These Terms will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs, and assigns.

20. Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

21. Survival of these Terms

The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

22. Entire Understanding

These Terms constitute the entire agreement and understanding of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.