Terms of Use | CabinetVisionVideos

CABINETVISIONVIDEOS, LLC

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR ITS SERVICES

The Site is owned by CabinetVisionVideos, LLC (“CVV”), a Florida limited liability company. If you have any questions about these Terms, please contact our Customer Service.

1. Services. CVV provides online access to instructional videos that detail how to use Cabinet Vision software to design custom closet space.

2. License. Subject to their compliance with these terms and applicable law, paid subscribers are granted a non-exclusive, non-transferable, limited, revocable right (as set forth herein) to access and use the Services made available by CVV, which you license from CVV. Each license is to be used by only one (1) person and cannot be shared. At the end of your license term, your license(s) will expire as set forth in your subscription document(s) or cancellation terms. The version(s) of the Services and available may change at any time or be different from the version(s) available when you first licensed them from CVV. You agree that your decision to use, access, or license the Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by CVV regarding future content, functionality, or features.

3. Intellectual Property. CVV remains the sole owner of all right, title, and interest in the Services. Except as stated in these Terms, we do not grant you any rights to download, record, or recreate CVV's services or to use CVV's Services for any commercial purpose. This means you may not use our services, trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. We reserve all rights not granted under the Terms.

4. Account Access. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. You may not (A) share your account information, whether intentionally or unintentionally; or (B) use another person’s account. CVV reserves the right to monitor IP addresses accessing your account and to enforce subscription plan limits and restrictions at CVV's discretion, including, but not limited to, the right to access CVV's Services.

5. Payment Information. You authorize CVV or our authorized vendor(s) to store your payment method and use it in connection with your use of the Services as described in your Subscription. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us or our authorized vendor(s) to continue billing and charging your account for amounts owed with the information that we obtain.

6. Disclaimer of Warranties. Unless stated in these terms, CVV's Services are provided “AS-IS.” To the maximum extent permitted by law, CVV disclaims all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. CVV makes no commitments about the content within the Services. CVV further disclaims any warranty that (A) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the Services will be effective, accurate, or reliable; (C) the quality of the Services will meet your expectations; or (D) any errors or defects in the Services will be corrected. CVV further disclaims all liability for any actions resulting from your use of any Services. You may use and access the Services at your own discretion and risk, and agree to indemnify CVV from any legal action brought against you arising from your use of the Services.

7. Subscription Cancellation. You may cancel your subscription and terminate your use of the Services at any time. Cancellation of your account does not relieve you of any obligation to pay any outstanding fees associated with your subscription, including, but not limited to early cancellation fees.

8. Arbitration. If you have any concern or dispute in connection with your subscription to or use of CVV's Services that CVV is unable to resolve (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us at the email below. The Notice of Claim must provide CVV with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined in a class action or with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 30 days of receipt, any resulting legal actions must be resolved through final and binding arbitration, including any dispute about whether arbitration is required for the dispute, subject to the exceptions set forth below. Neither party shall initiate legal action until 30 days after the Notice of Claim is received. This agreement to arbitrate shall apply, without limitation, to all claims that arose or were asserted before the effective date of the Terms. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. Claims related to the Terms or Services are permanently barred if not brought within one year of the event resulting in the Claim unless otherwise permitted by law.

Regardless of where you reside, JAMS will administer the arbitration in Miami, Florida, USA, pursuant to its Streamlined Arbitration Rules and Procedures. There will be one arbitrator that you and CVV mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’s native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and CVV. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, the Terms will govern.

Payment of all filing, administration, and arbitrator fees and costs of arbitration will be governed by the rules of the arbitration provider, except that to the extent that you bring a Claim as part of a Coordinated Action, CVV agrees that the parties will equally share all of the fees and costs of arbitration (to the extent that allocation is not already required under applicable rules). For purposes of this section, a “Coordinated Action” is any action in which you are represented by a law firm or collection of law firms that has filed numerous coordinated individual arbitration demands of the same or similar nature against CVV within a short time. Notwithstanding the above, if you are unable to afford fees or costs of arbitration, CVV may agree to pay them. If the arbitrator finds that either the substance of a Claim or the relief sought in arbitration was frivolous, or a Claim was brought for an improper purpose, the parties may seek to re-allocate the fees and costs of arbitration, according to the rules of the arbitration provider.

9. Severability. If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.

10. No Waiver. CVV's failure to enforce or exercise any provision of the Terms is not a waiver of that provision.

11. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to CVV) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.