Terms & Conditions
cabbuildersoftware.com
These terms and conditions outline the rules and regulations for the use of www.cabbuildersoftware.com. CabBuilder Software is located at:
3196 Kraft Ave. SE – Suite 305
Grand Rapids, Michigan – 49512, United States.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use CabBuilder Software’s website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
1. “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
2. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.
3. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Refunds & Cancellations Policy
1. Cancellations
You can cancel your subscription or service at any time. Please note that you must cancel your subscription or service before it renews for a subsequent year in order to avoid being charged for the next year’s fee.
If you cancel, the cancellation will become effective at the end of the then-current yearly subscription or service period.
You can cancel your subscription or service by contacting support@cabbuildersoftware.com.
2. Refund Policy
Refunds will not be provided for any products, subscriptions, or services. We do not provide credit, refunds, or prorated billing for subscriptions of services that are cancelled before the expiration date. In such a circumstance, you will continue to have your subscription until the end of the annual billing cycle.
All sales are final, no refund will be issued.
Cookies
We employ the use of cookies. By using CabBuilder Software’s website you consent to the use of cookies in accordance with CabBuilder Software’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
License
Unless otherwise stated, CabBuilder Software and/or it’s licensors own the intellectual property rights for all material on CabBuilder Software. All intellectual property rights are reserved. You must not:
– Republish material from https://cabbuildersoftware.com
– Sell, rent or sub-license material from https://cabbuildersoftware.com
– Reproduce, duplicate or copy material from https://cabbuildersoftware.com
– Redistribute content from https://cabbuildersoftware.com (unless content is specifically made for redistribution.)
CabBuilder Annual License Agreement
This Software License Agreement (“Agreement”) is a legal agreement between you (either individually or a single entity) (the “Customer”) and Real View, LLC (dba CabBuilder Software), or any of its affiliates, including but not limited to any company that controls, is controlled by or is under common control with Real View, LLC, from whom the Real View Product is licensed or to whom this Agreement is assigned (collectively, the “Company”), for the enclosed CabBuilder software product(s) and all accompanying user documentation and included materials (the “System”). This Agreement is effective upon signing and/or payment of the initial installment dues.
- GRANT OF LICENCE AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, the Company grants the Customer, and the Customer hereby accepts under any and all intellectual property rights owned or otherwise asserted by the Company a non-exclusive, non-transferable, non-sub-licensable right to use internally the System that is delivered by the Company to the Customer and any upgrades and modifications thereto provided by the Company. This license is granted for the period of 12 months, or for the period indicated in the License Subscription Order. The license may be renewed after the term of this license expires and the license renewal fees are due. Notwithstanding any provision to the contrary containing in this Agreement, the Customer agrees that the System, including but not limited to all images and documentation, and any and all modifications performed to such, and all intellectual property rights associated therewith, is and will remain the sole and exclusive property of the Company. The Customer shall not have any right, title, or interest to the System or copies thereof except as provided in this Agreement, and no license, right, title, interest to such Company Technology is granted to the Customer by virtue of this Agreement and/or the Company’s performance hereunder. The Customer may not translate, reverse engineer, decompile, or disassemble the System or otherwise reduce the System to a human perceivable form or permit any other party to do so, except to the extent applicable law expressly prohibits the foregoing restriction. may not modify the System or merge all or any part of it with another program. The Customer may not adapt, translate, rent, lease, sublicense, loan, resell for profit, distribute, time-share, or create any derivative work of the System. The Customer may not allow or sell access to the System to, or use the System for the benefit of, any distributor, reseller, sub-licensor, aggregator, or re-marketer of any kind. License may not be granted to any entity that owns, develops, supervises development, or distributes any program that is competing directly or indirectly with the System or might compete with the System in the future, or to any entity (individual or corporation) that is providing consulting surfaces or support to or contracted by the aforementioned entity. If you become subject to the limitation of this Section, you must uninstall the System and return all materials to the Company.
- FEES AND PAYMENT. In consideration of the aforementioned grant of the license to the System, the Customer agrees to pay to the Company the applicable, non-refundable annual subscription fees set forth in the present Software License Subscription Order including any and all mandatory maintenance and support fees. The annual subscription fees must be paid in full at the signing of this Agreement or, alternatively, it may be billed and paid automatically in monthly or quarterly installments. Notwithstanding anything to the contrary, it is further acknowledged that the Customer will be eligible to all upgrades and fixes to the System during the subscription period. Upon signing of this agreement and upon completion any offered trial period, the entire annual subscription fee is non-refundable. Failure to make payment of the balance of the total amount owed to the Company will result in the Company taking action on deactivating the System and/or its security Devices and taking other steps in making the software non-operational. It is agreed and understood that the Company shall have the right to retain any and all considerations as liquidation damages. All payment dues that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 2% per month (i.e. 24% annually) or the maximum amount allowed by law, whichever is less. Should the Customer for any reason whatsoever choose to cancel this Agreement or otherwise default on any portion of this Agreement before the license and maintenance price has been fully paid and received, the amount of the purchase price which remains to be paid shall become immediately due. The Customer agrees to pay all applicable sales, value added, and other taxes related to the grant of this license. All payments to the Company shall be made in United States dollars.
- LIMITED WARRANTIES. The Company warrants to the Customer that during the Warranty Period of 30 days the System provided to the Customer hereunder, when properly installed and used by the Customer, will in all material respects conform to its most recent Documentation published at the Company’s website and making available to the Customer. Except as otherwise provided, in the event that the Customer discovers and reports a material program error in the System during the Warranty Period, The Company agrees to use its reasonable commercial efforts to correct, cure, replace, or otherwise remedy such material malfunction without additional charge to the Customer other than maintenance and technical support fees. If the Company cannot or will not correct, cure, or replace such program error, and such program error is material, then the Customer will have the additional option to terminate this Agreement, return the System and other Company provided materials, and obtain a full refund of all amounts paid to The Company, if any. The Customer acknowledges that the foregoing is Customer’s SOLE REMEDY with respect to the warranty. Invocations of the remedy in this Section shall not be cause for the Customer to delay the payment of any fee that becomes due. Except for the foregoing express warranty and remedies, the Customer acknowledges and agrees that the System is provided on an “as is” and “as available” basis and Customer’s use of the or services is at its own risk. The Company makes no other warranties, either express or implied under this Agreement and hereby disclaims all implied warranties, including any warranties regarding fitness for purpose (even if the Company has been informed of such purpose), merchantability, accuracy of data, or conformity with description, non-infringement, or title. Further, except as may be expressly set forth, the Company does not warrant, guarantee, or make any representations that the System will be free from bugs or that their use will be uninterrupted or error-free or without infiltration or compromise of the security systems. No agent of the Company is authorized to alter or exceed the warranty obligations of the Company as set forth herein.
- LIMITATION OF LIABILITY. Notwithstanding the limited warranty provision, all of Company’s obligations with respect to such warranty shall be contingent on Customer’s use of the System in accordance with this Agreement and in accordance with the Company’s instructions as provided by the Company in the Documentation, as such instructions may be amended, supplemented, or modified by the Company from time to time. Customer assumes the entire risk as to the results and performance of the System. Regardless whether any remedy set forth herein or in any of the Company’s Limited Warranties set in Section 4 hereof fails of its essential purpose or otherwise, in no case shall either party be liable to each other or to any third party for any special, indirect, punitive, consequential, or incidental damages including, but not limited to, lost revenue or profit, loss of business or other commercial or economic loss arising out of or related to this agreement however caused or under what cause of action it has arisen (including but not limited to tort, contract, negligence, strict product liability, and breach of warranty), even if advised beforehand of the possibility of such damages. In no event shall the Company and its dealers and suppliers be liable to the Customer or any third party for damages in excess of the amount actually paid to the Company under this Agreement. The Company shall have no liability for any program errors or other defect (1) caused by accident, Customer’s negligence, misuse, or unauthorized modifications or movement, (2) caused by use of the System on equipment other than those type and minimums specified by the Company and/or on equipment that is improperly configured, installed, prepared, or maintained; or (3) if the Customer is delinquent in the payment of any fees not subject to a good faith dispute; or (4) proximately caused by error of malfunction in third party hardware or third party software. Failure of the Customer to install any software or hardware updates and/or data transmission format modifications may, at Company’s option, result in an invalidation of any of the warranties provided above.
- INDEMNIFICATION. The Customer understands that the Company has no control over Customer’s use of the System, although the Company strongly urges the Customer to use the System in the manner and for the purposes it was intended to be used. Accordingly, the Customer agrees to hold the Company harmless, indemnify and defend the Company against all claims, liabilities, losses, suits, proceedings, damage, costs including reasonable attorney fees relating to this Agreement, including without limitation those arising on account of Customer’s modification or enhancement of the System, whether authorized or unauthorized by the Company, or otherwise
caused by, or arising out of, or resulting from, the exercise or practice of the license granted hereunder by the Company, its officers, employees, agents, representatives and contractors, or to the use or ownership of the Designated Equipment. This duty to indemnify shall survive the termination of this Agreement.
- ASSIGNMENT. The Customer may not sell, pledge, assign, sublicense, or otherwise transfer or share its rights under this Agreement without the prior written consent of the Company, which the Company may withhold in its sole discretion. Any attempted sale pledge, assignment, sublicense or other transfer in violation hereof shall be void and of no force or effect. The Company may assign or transfer its rights and delegates its duties hereunder at any time without the consent of the Customer.
- APPLICABLE LAW. This Agreement and the rights and obligations of the parties hereunder shall be interpreted in accordance with the laws of the State of Michigan, without giving effect to its conflicts of laws rules.
- ENTIRE AGREEMENT. This Agreement is the entire agreement between the Company and the Customer and may not be changed except by a signed agreement.
Hyperlinking to our Content
1. The following organizations may link to our Web site without prior written approval:
– Government Agencies
– Search Engines
– News Organizations
– Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses.
– Systemwide Accredited Businesses EXCEPT soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to your website.
2. These organizations may link to our home page, to publications or to other website information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services;
(c) fits within the context of the linking party’s site.
3. We may consider and approve in our sole discretion other link requests from the following types of organizations:
– Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union
– Community sites using a .com top-level domain.
– Associations or other groups representing charities, including charity giving sites
– Online directory distributors
– Internet portals
– Accounting, law and consulting firms whose primary clients are businesses
– Educational institutions and trade associations
4. We will approve link requests from these organizations if we determine that:
(a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link).
(b) the organization does not have an unsatisfactory record with us.
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
5. These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading.
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services.
(c) fits within the context of the linking party’s site.
If you are among the organizations listed in section number 3 above and are interested in linking to our website, you must notify us by sending an e-mail to info@cabbuildersoftware.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
6. Approved organizations may hyperlink to our Web site as follows:
– By use of our corporate name; or
– By use of the uniform resource locator (Web address) being linked to; or
– By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of CabBuilder Software’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Removal of links from our website:
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Iframes
Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
1. Limit or exclude our or your liability for death or personal injury resulting from negligence.
2. Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
3. Limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph
b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.