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Terms of Service

Last updated: May 23rd, 2022

You, the custom cabinetmaker and woodworker subscriber-user (“You” and/or “Your”), agree to the following terms and conditions, as amended from time to time (the “Terms” or “Terms of Service” or “TOS”) governing Your use at all times of the Cabinetshop Maestro® web-based project management software for custom cabinetmakers and woodworkers (the “Service") made available through our platform on www.cabinetshop.software (“Website”).

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN ITS ENTIRETY, THAT YOU UNDERSTAND THESE TERMS AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH CABINETSHOP MAESTRO, LLC (“CSM," “WE” AND/OR “US”). YOU ALSO AGREE THAT BY ACCEPTING THESE TERMS, YOU ACCEPT OUR COLLECTION AND USE OF CERTAIN DATA IDENTIFIED HEREIN AND AS SET FORTH IN OUR PRIVACY POLICY.

THE RIGHTS GRANTED TO YOU PURSUANT TO These Terms SHALL ONLY BE GRANTED TO YOU UPON YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS.

Service Access Rights

Subject to Your continued compliance with these Terms, You are hereby granted with the non-exclusive, non-transferable and revocable limited right to access and use the Service for the term set forth herein including entering individual customer data including any customer contact information and/or customer names, customer location data and purchase/project information and relevant vendors in connection therewith that You manually enter and/or import using the Service (collectively “Customer Data”). In our sole discretion, we may set, impose or enforce limits on Your use, or restrict Your access to some or all of the Service, change, discontinue, suspend or terminate the availability of some or all of the Service or any separate feature thereof at any time for any reason with or without notice to You. We will not be liable to You for any damages of any kind as a result of any such termination.

The Access rights being granted to You also include access to and use of all text, graphics, headers, banners, images, code, tags, videos, applications, files and any other separate Website and/or database element that comprises our Service platform and made available to You through the Website from time to time (“Materials”). The limited access rights contained herein are also hereby granted concurrently to any of Your employees.

We shall exclusively retain all rights not expressly granted to You as set forth herein in and to the Materials together with all trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto. Access and use rights to the Customer Data and all Materials comprising the Service is being granted and not sold to You under the terms and conditions of these Terms.

You shall be provided with log-in credentials that may be used by You and any and all of Your employees as may be applicable. You shall provide access to the Service to Your employees under separate credentials. Your login may only be used by one person - a single login shared by multiple people is not permitted. You shall be solely responsible for the confidentiality, security, and use of the log-in credentials. Any person using Your account is conclusively deemed to have actual authority to use the Service as an employee of You and, accordingly, You agree and acknowledge that all such use by any person(s) is hereby authorized and approved by You, and You hereby agree to indemnify, defend and hold CSM harmless from any claims or damages arising from or relating to any such use.

Access Term & Termination

The initial term covering Your right to access and use the Service shall be equal to either one (1) month or one (1) calendar year, as selected by You during registration (the “Initial Term”), beginning on the date these Terms is entered into by You and shall automatically renew for successive one (1) month periods thereafter unless terminated by either party as set forth below. You shall have the right to terminate these Terms at any time before 11:59 p.m. CST on the date which is either one year or one month, as applicable, from the beginning of the Initial Term or any subsequent renewal term by simply sending an email to our designated representative electing not to renew these Terms.

We may terminate these Terms and/or discontinue providing You or any user employee with whom You have granted shared access,with access to the Service at any time for any reason not prohibited by law and without any notice to You, permanently or temporarily, including, but not limited to, if we are unable to access or use any of the third-party services required to operate the Service, or any such services are discontinued, become obsolete or are otherwise not commercially available. NO REFUNDS SHALL BE MADE IN WHOLE OR ON ANY PRORATED BASIS IF YOUR SUBSCRIPTION IS AUTOMATICALLY RENEWED. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. We shall not be liable to You or to any third-party for any loss caused by any termination of the Service or termination of Your access to the Service and any Customer Data, including any damage or loss to any data, computers, systems, or networks. We may elect to terminate these Terms at any time in addition to any other remedy We may have under these Terms due to any breach by You of any term of these Terms without notice to You. Upon termination, Your access to the Service and any Customer Data, including any shared access permissions granted to other employee-suers will be disabled and You will immediately cease all use of this Service. In the event of termination or suspension, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Eligibility and Account Terms

Proper Use & Restrictions

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: 1) use the Service for any fraudulent or inappropriate purpose; 2) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by CSM; 3) resell, duplicate, reproduce or exploit any part of the Service without the express written permission of CSM; 4) use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Violation of any of the Terms of Service may result in immediate termination of your account and these Terms, and may subject you to state and federal penalties and other legal consequences.

MODIFICATIONS

CSM reserves the right to update and change the Terms of Service at any time. You will be notified by e-mail any time there is a change in the TOS. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new tools and resources, shall be subject to the Terms of Service, as amended. Continued use of the Service after any such changes shall constitute your consent to such changes and the TOS, as amended. You can review the most current version of the TOS at any time at: http://www.cabinetshopsoftware.com/terms/ . If You do not accept any amendments to the TOS, the TOS will then terminate, in which case You shall receive a prorated refund of the Service Fees for that term and Your account will be terminated. If we post amended terms to these Terms on our Website, such terms will automatically become effective, shall be incorporated into these Terms immediately upon being posted, and if inconsistent with any other terms and conditions comprising these Terms, shall supersede any such conflicting terms or conditions. By accessing and using the Service after such revised terms are posted, You agree to be bound by any such revised terms and conditions. Your access and use of the Service will always be subject to the most current versions of these Terms in effect at the time of such use.

CSM’s Use of Non-Personally Identifiable Aggregate Data

CSM may collect and retain non-personally identifiable information, content, and/or data that you provide to the Service such as, but not limited to, information about the costs you incur to complete a project. CSM may use such information, content, and/or data from all Service users in the aggregate to calculate national averages for specific costs associated with custom cabinet-making projects and may disclose those national averages to all Service users to provide a reference for estimating a user’s project cost.

Modifications to the Service and Fees

1. CSM reserves the right at any time and from time to time to modify, suspend, or discontinue (temporarily or permanently) the Service (or any part thereof) with or without notice. In any of these events, CSM will make reasonable efforts to allow you access to your data for a reasonable time. For any interruption in the Service for a period of more than 48 consecutive hours, CSM will prorate your monthly subscription fee. 2. From time to time, CSM’s costs to provide the Service may increase; therefore, CSM reserves the right to change the subscription rate for the Service upon 30 days’ notice from CSM. Notice of subscription rate changes may be posted on the CSM website or delivered to the user by e-mail. You will have the option to continue using the Service or to reject the rate change and cancel your subscription. 3. CSM shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.

Cancellation and Termination

1.You are solely responsible for the proper cancellation of your account. An email or phone request to cancel your account is not effective cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple cancellation link. 2. There will be no refund if you cancel your account before the end of your current, paid-up month, but you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and CSM may or may not delete all of your content from the Service upon cancellation.

Ownership of Intellectual Property and Content

1. CSM owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service. 2. CSM claims no intellectual property rights over the content you upload or provide to the Service; however, by using the Service to send content, you agree that others may view and share your content.

Customer Personal Data Representation

You represent and warrant to CSM that You have consent or have otherwise properly disclosed Your use and sharing of any Customer Data that is personal data or personally identifiable data as defined under applicable federal and/or state laws.

Down Time Disclaimer

The Service may be unavailable, whether due to periodic maintenance or otherwise. We shall not be liable for any downtime of the Service caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance at the point of user log- in and/or emailed to the e-mail address You provide to us in relation to Your account), (ii) any reason described in the section regarding Force Majeure, or (iii) Your inability to connect to or to access the Service due to problems related to Your computer/device hardware, wireless Internet network, Your Internet service provider, or any other similar problem. By using the Service, You understand and acknowledge that You have been made aware of this possibility and You assume this risk before electing to use the Service or pay any Service Fees. You agree that under no circumstances shall We have any liability to You of any kind whatsoever for any Service interruptions or downtime that may affect access and use of the Service including, but not limited to, the inability to access any saved Customer Data.

CUSTOMER DATA TRANSMISSION & STORAGE DISCLAIMER

WE DO NOT AND CANNOT CONTROL THE SUCCESSFUL IMPORT/TRANSMISSION, AVAILABILITY OR STORAGE OF ANY CUSTOMER DATA GENERALLY THROUGH YOUR USE OF THE SERVICE AS THIS DEPENDS IN LARGE PART ON THE PERFORMANCE OF SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, THIRD- PARTY WEBSITE AND DATABASE HOST PROVIDERS AND SOFTWARE PROVIDERS. ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR INTERACTION WITH OUR APPLICATIONS AND/OR WITH ANY OF OUR DATABASES. ALTHOUGH WE WILL USE REASONABLE EFFORTS TO TAKE ACTIONS WE DEEM APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE DO NOT GUARANTEE THAT SUCH DISRUPTIONS OR IMPAIRMENTS RESULTING IN ANY LOST CUSTOMER DATA OR OTHER DATA WILL NOT OCCUR. ACCORDINGLY, WE SHALL NOT HAVE ANY OBLIGATION TO YOU NOR SHALL IT BE LIABLE TO YOU RESULTING FROM THE FAILURE TO TRANSMIT, IMPORT, MAKE AVAILABLE AND/OR STORE ANY CUSTOMER DATA FOR ANY REASON.

WARRANTIES DISCLAIMER AND LIMITATION OF LIABILITY

CSM does not warrant that: (i) the Service will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted, error-free, or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, ALL MATERIALS AND THE SERVICE ARE PROVIDED AS-IS AND WITHOUT ANY WARRANTIES. WE HEREBY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE. IN NO EVENT SHALL CSM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE SPECIAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OR ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS , EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, STEMMING FROM YOUR USE OF THE SERVICE OR OTHERWISE RELATED TO THESE TERMS OR THE SERVICE OR YOUR USE THEREOF. YOUR SOLE REMEDY FOR ANY BREACH OF These Terms BY CSM SHALL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE L $500 PER CLAIM OR $2,500 IN THE AGGREGATE.

Exceptions to Disclaimers & Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

Indemnification

You agree to hold harmless and indemnify CSM, and its officers, agents, employees and affiliates from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (direct and indirect), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, CSM will provide you with written notice of such claim, suit, or action. The failure of CSM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

General Conditions

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Terms shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of these Terms shall not affect the validity, legality, or enforceability of the remainder of the Terms.

Force Majeure

We shall not be liable for any delay or failure in our performance under these Terms due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of our vendors or service providers, unavailability of interruption or delay in telecommunications or third party services (including website hosting or DNS propagation), failure of third party software or hardware or inability to obtain any hardware or equipment needed to host the Service or otherwise fulfill our obligations to You under these Terms.

No Joint Venture or Partnership Relationship

Nothing in these Terms shall be construed to create a partnership, joint venture or combined entity by or between CSM and You or to make either the agent of the other and neither shall have the authority to bind the other. CSM and You each agree not to hold yourself/itself out as a partner, joint venturer, combined entity or agent of the other. Each party is and is intended to be engaged in its own and entirely separate business. Each party shall be solely responsible for determining the applicability of, and compliance with, any present and future federal, state and local laws, orders, codes, regulations, and ordinances that may apply to each party and their respective businesses and employees.

Governing Law and Jurisdiction

Any claims, demands, controversies or legal proceedings arising out of or related to these Terms and/or the Service may only be brought exclusively in the 22nd Judicial Circuit Court situated in McHenry County, Illinois, USA, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extraterritorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of the Services by You. These Terms shall be construed and enforced under the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.

Contact Us

If you have any questions about the TOS, please contact us:
By email: info@cabinetshopmaestro.com
By visiting this page on our website: http://www.cabinetshopsoftware.com/contact
By phone number: (815) 388-8624
By mail: Cabinetshop Maestro 482 W Sheridan Rd Unit H, Lakemoor, IL 60050