Please review all of our legal documentation:
Terms of
Service - Acceptable
Use - Privacy Policy
1. Agreement. This is an agreement between me and Cabaret Design/Build Project, Inc. regarding My use of
Cabaret Design/Build Project, Inc. computer, interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communications services (the
"Cabaret Design/Build Project, Inc. service"). This agreement governs the terms and conditions under which
Cabaret Design/Build Project, Inc. makes the Cabaret Design/Build Project, Inc. service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with
Cabaret Design/Build Project, Inc.'s web hosting or similar service. This agreement is also posted on
http://www.CabaretDesignBuildProject.com/login.asp PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. DURING THE LOGIN PROCESS, BY CLICKING ON THE BUTTON MARKED "LOGIN", AND BY ENTERING YOUR SUBSCRIBER INFORMATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND
Cabaret Design/Build Project. Inc.'s ACCEPTABLE USE POLICY.
2. Amendment. Cabaret Design/Build Project, Inc. may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately. If you do not terminate your registration, or continue to use the
Cabaret Design/Build Project, Inc. service, following modification to this agreement, your continued use will mean that you have accepted that modification.
3. Use of the Service. Under the terms of this agreement, you may only use the Cabaret Design/Build Project, Inc. service through the number of communication channels and for which you have purchased service. You may not connect to the
Cabaret Design/Build Project, Inc. service through more than one telecommunications connection at any given time.
4. Disclaimer. The Cabaret Design/Build Project, Inc. service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Cabaret Design/Build Project, Inc. EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT Cabaret Design/Build Project, Inc. SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
Cabaret Design/Build Project, Inc., ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.
5. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by
Cabaret Design/Build Project, Inc., neither Cabaret Design/Build Project, Inc. nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the
Cabaret Design/Build Project, Inc. service in any way and that, except for such Cabaret Design/Build Project
Inc. identified information, services or products, all merchandise, information and services offered or made available or accessible through the
Cabaret Design/Build Project, Inc. service are offered or made available or accessible by third parties who are not affiliated with
Cabaret Design/Build Project, Inc. or its Affiliates. YOU ACKNOWLEDGE THAT USE OF The Cabaret Design/Build Project, Inc. SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY
Cabaret Design/Build Project, Inc. AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.
6. Commerce on the Web. Through your uses of the Cabaret Design/Build Project, Inc. service, you may have opportunities to order and purchase merchandise or services from other subscribers to the
Cabaret Design/Build Project, Inc. service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the
Cabaret Design/Build Project, Inc. service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers.
Cabaret Design/Build Project, Inc. and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Cabaret Design/Build Project, Inc. , OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE The
Cabaret Design/Build Project, Inc. services, including but not limited to reliance on any information obtained on the
Cabaret Design/Build Project, Inc. service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to
Cabaret Design/Build Project, Inc.'s records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT
Cabaret Design/Build Project, Inc. IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM
Cabaret Design/Build Project, Inc. OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.
8. Member Charges and Fees. Fees and Charges apply to member Company Owners. As a
Design/Build Company Owner you the Customer agree to pay Cabaret Design/Build Project, Inc. the then-current monthly charges for the
Cabaret Design/Build Project, Inc. service. The Acceptable Use Policy may contain additional charges for particular services. Customer agrees that
Cabaret Design/Build Project, Inc. may pre-charge Customer's monthly service fee to the credit card supplied by customer during registration. If
Cabaret Design/Build Project, Inc. does not receive the full amount of Customer's Cabaret Design/Build Project, Inc. service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms.
Cabaret Design/Build Project, Inc. reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice.
Cabaret Design/Build Project, Inc. may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit.
9. Personal Information. You hereby certify to Cabaret Design/Build Project, Inc. that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide
Cabaret Design/Build Project, Inc. with accurate, complete, and updated information required by the registration to the
Cabaret Design/Build Project, Inc. service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify
Cabaret Design/Build Project, Inc. within 30 days of any changes in your Member Registration Data. Cabaret Design/Build Project, Inc. may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.
10. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account.
Cabaret Design/Build Project, Inc. service account may not be transferred without prior written approval from
Cabaret Design/Build Project, Inc. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the
Cabaret Design/Build Project, Inc. service until you cancel Cabaret Design/Build Project, Inc. customer service.
11. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT ANY TYPE OF INFORMATION POSTED ON Cabaret Design/Build Project, Inc. THAT IS UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE MATERIAL WILL CAUSE IMIDIEATE ACCOUNT TERMINATION. ZERO TOLERANCE WILL BE USED TO ENFORCE THIS PART OF THIS AGREEMENT. SUCH MATERIAL IS AT YOUR OWN RISK.
Cabaret Design/Build Project, Cabaret Design/Build Project, Inc. AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
12. At-Will Termination. This (12) Twelve month agreement will become effective on the date Cabaret Design/Build Project, Inc. receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason. The participant fully agrees to allow
Cabaret Design/Build Project, Inc. to charge the participant's credit card for the remaining balance owed to
Cabaret Design/Build Project, Inc. under this agreement. If the participant's credit card account is unable to pay for the remaining balance owed the participant will produce a new credit card immediately.
Cabaret Design/Build Project, Inc. may immediately restrict, suspend or terminate without notice, your access to and use of the
Cabaret Design/Build Project, Cabaret Design/Build Project, Inc. service upon any breach of this agreement, include the then-current Acceptable Use Policy.
Cabaret Design/Build Project, Cabaret Design/Build Project, Inc. may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with
Cabaret Design/Build Project,Inc. for one year from the date of termination. Upon and after termination,
Cabaret Design/Build Project, Inc. will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of
Cabaret Design/Build Project, Inc, in operating the Cabaret Design/Build Project, Inc Service, any change in the content of the
Cabaret Design/Build Project, Inc service, or any change in the amount or type of fees charged in connection with the
Cabaret Design/Build Project, Inc service, is to terminate this agreement by delivering 90 day notice to
Cabaret Design/Build Project, Inc., effective the day Cabaret Design/Build Project, Inc receives notification of termination.
13. IP Addresses. If Cabaret Design/Build Project, Inc assigns you an Internet Protocol address for your use of the
Cabaret Design/Build Project, Inc service, the right to use that Internet Protocol address will belong only to
Cabaret Design/Build Project, Inc, and you will have no right to use that Internet Protocol address except as allowed by
Cabaret Design/Build Project, Inc in its sole discretion in connection with the plan you have selected, during the term of this agreement.
14. Electronic Mail. Cabaret Design/Build Project, Inc may, but is not obligated to, block any incoming or outgoing e-mail message that
Cabaret Design/Build Project, Inc determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy.
Cabaret Design/Build Project, Inc. shall not be responsible for lost, misdirected or undeliverable e-mail.
15. Network Outages. Cabaret Design/Build Project, Inc. makes every effort to provide the best online experience for you as possible.
Cabaret Design/Build Project, Inc. accepts no responsibility for network outages that may cause our servers and/or Internet access to become unavailable for any period of time.
16. Indemnity. Upon request of Cabaret Design/Build Project, Inc., you shall defend, indemnify and hold harmless
Cabaret Design/Build Project, Inc., its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the
Cabaret Design/Build Project, Inc. service, including without limitation any violation by you of Cabaret Design/Build Project, Inc.'s Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.
17. Entire Agreement. This agreement constitutes the entire agreement between you and Cabaret Design/Build Project, Inc. with respect to the
Cabaret Design/Build Project, Inc. service and supersedes all prior agreements between you and Cabaret Design/Build Project, Inc.'s failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
18. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to Legal Department,
info @ CabaretDesignBuildProject.com; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed email.
19. Force Majeure. Cabaret Design/Build Project, Inc. will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
20. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of Massachusetts (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Massachusetts for any action arising out of or relating to your use of the
Cabaret Design/Build Project, Inc. service. The federal and state courts of Massachusetts will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.
21. Copyright ©2005-2006 CabaretDesignBuildProject.com All rights reserved. This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
22. Copyright Proprietary Information
a. For the purpose of this Agreement, "Proprietary Information" shall include, but not be limited to any information, observation, data, written material, record, document, drawing, photograph, layout, computer program, software, multimedia, firmware, invention, discovery, improvement, development, tool, machine, apparatus, appliance, design, work of authorship, logo, system, promotional idea, customer list, customer need, practice, pricing information, process, test, concept, formula, method, market information, technique, trade secret, product and/or research related to the actual or anticipated research development, products, organization, marketing, advertising, business or finances of Company, its affiliates or related entities.
b. All right, title, and interest of every kind and nature whatsoever in and to the Proprietary Information made, written, discussed, developed, secured, obtained or learned by Participant during the term of the relationship with the Company or the 99 year period immediately following termination of that relationship, shall be the sole and exclusive property of Company for any purpose or use whatsoever, and shall be disclosed promptly by Participant to Company. The covenants set forth in the preceding sentence shall apply regardless of whether any Propriety Information is made, written, discussed, developed, secured, obtained or learned (a) solely or jointly with others, (b) during the usual hours of work or otherwise, (c) at the request and upon the suggestion of Company or otherwise, (d) with Company's materials, tools, instruments, or (e) on Company's premises or otherwise.
c. Nothing contained in this Agreement shall be construed to preclude Company from exercising all of its rights and privileges as sole and exclusive owner of all of the Proprietary Information owned by or assigned to Company under this Agreement. Company, in exercising such rights and privileges with respect to any particular item of Proprietary Information, may decide not to file any patent application or any copyright registration on such Proprietary Information, may decide to maintain such Proprietary Information as secret and confidential, or may decide to abandon such Propriety Information, or dedicate it to the public. Participant shall have no authority to exercise any rights or privileges with respect to the Proprietary Information owned by or assigned to Company under this Agreement.
23. Agreements
a. All agreements between homeowners and construction companies shall not hold Cabaret Design/Build Project, Inc. financially liable or responsible for missed order material, structural failure, permits and fees, workmanship, installation failure, roof failure, water, snow, sun or ice damage or acts of God. Logging on to
Cabaret Design/Build Project, Inc. page http://www.CabaretDesignBuildProject.com/login.asp will require logging the individual team members to their e-folder. All team members individually will agrees to the terms and conditions. The individual team member logging into the system agrees and accepts complete responsibility and accountability of his or her actions. The person or persons logging onto
Cabaret Design/Build Project, Inc. agrees not to file any type of law suit against Cabaret Design/Build Project, Inc. for any reason.
©2003-2006 My Design/Build Project, Inc. All rights reserved.
Last Updated January 02, 2006 01:39 PM
EST