CabinetM may modify the Terms from time to time and each modification will be effective when it is posted on the Service. You agree to be bound to any changes to the Terms through your continued use of the Service.
The terms "we","us","our" and "CabinetM" refer to CabinetM, Inc., a Delaware corporation. The term "you" refers to the customer visiting the Site and/or contributing content on the Site, whether you are a marketing professional, marketing agency, marketing technology company or a general site contributor.
These terms were last updated on March 15, 2015.
As a condition of your use of this Site, you warrant that (i) all information supplied by you on this Site is true, accurate, current and complete, (ii) if you have a CabinetM account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account and contribute to our website. CabinetM does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
CabinetM provides content through the Site that is copyrighted and/or trademarked work of CabinetM or CabinetM's third-party licensors and suppliers or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.
Subject to these Terms, CabinetM hereby grants you a limited, non-exclusive, non-sub-licensable and non-transferable license to use and to display the Materials and to use this Site solely for your personal or, if you are an entity, your internal use and for the purpose of connecting with prospective customers. Except for the foregoing license, you have no other rights to the Site or any Materials (excluding any submissions provided by you as set forth below) and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, reverse engineer, alter, enhance, provide access to or in any way exploit any of the Site, Services, or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
You need not register with CabinetM to simply visit and view the Site and a limited amount of the Materials.
However, in order to access more Materials or certain password-restricted areas of the Site (such as forums, contributing Materials including reviews, commenting on reviews, tagging Materials and current or future features of the Site) and to use certain Services and Materials offered on and through the Site, you must register with CabinetM for an account.
If you desire to register for an account with CabinetM, you must first submit the following information through the account registration page on the Site: e-mail address and password or LinkedIn authentication. You may, but are not required to, provide additional information, such as a photo image, name, Country, City, State, industry, job title, department, expertise, or other demographic data. This information may be helpful to CabinetM in providing you with a more customized experience when using the Site or its Services. Once you have submitted your account registration information, CabinetM administrator shall have the right to approve or reject the requested registration, in CabinetM administrator's sole discretion. Currently, CabinetM also provides you with the ability to register for an account on the Site using your existing account and log-in credentials through LinkedIn which may change from time to time (each, a "Third-Party Site Password"). By using such other account and/or credentials you are consenting to CabinetM’s retention and use, and such Third Party Sites' disclosure, of the account, credentials and other populated profile information that you submit, allow CabinetM to access additional features (for example, that may require access to your list of connections), you will be prompted to provide a higher level of permission.
You are responsible for maintaining the confidentiality of your CabinetM Password and any Third Party Site Password (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify CabinetM if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account, indirectly from the authentication process with Third Party Sites, and otherwise through the Site, ("Profile Information") must be accurate, complete, and up-to-date. You will not attempt to impersonate another user or person. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or contacting CabinetM using the contact information at the end of these Terms requesting that we make the change. If you utilized the account and/or login credentials of a third-party site accepted by CabinetM, you can modify that account information and credentials using the processes in place for such Third Party Site.
The Materials provided on this Site may contain endorsements of third party products or services submitted by reviewers. Any reference on the Site to any product, service, publication, institution, and organization of any third party entity or individual does not constitute or imply CabinetM's endorsement or recommendation. Such endorsements are the opinions of the reviewers and not CabinetM. CabinetM may provide incentives (such as in the form of subscription discounts) from time to time to encourage product users to submit content, but such incentives are not dependent on the content containing positive or negative endorsements.
YOU AGREE THAT CABINETM WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, ANY REVIEWS OF THIRD PARTY PRODUCTS OR SERVICES, FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
You are responsible for the information, opinions, evaluations, reviews, ratings, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission"). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
In making a Submission, you represent and warrant that (1) you are the sole author of the Submission and owner of the intellectual property rights thereto, (2) your Submission is accurate to the best of your knowledge; (3) your Submission fully complies with and does not violate the social media polices of your employer, and (4) your Submission does not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including without limitation your current or former employer. When your Submission consists of a review or evaluation of a product or service, you further represent and warrant that (a) unless you prominently disclose your affiliation and interest in such Submission, you are not an employee, contractor, agent, officer or director of the vendor, of the product or service for which you are submitting a review, evaluation or opinion or such vendor’s channel partner (collectively "Vendor") or a competitor of such Vendor that offers a competitive product or service or such competitor’s channel partner (collectively "Competitor") and otherwise have no pecuniary interest in such Vendor, Competitor or their product or service; (b) your review does not disclose any confidential information of Vendor, (c) you are a user of the product or service being reviewed; (d) the opinions expressed in the review are your honest opinions, findings, beliefs and experiences with respect to the product or service; and (e) the statements made in the review are not false or misleading in any aspect.
You acknowledge that CabinetM may or may not choose to provide attribution of your Submissions at its sole discretion. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submission, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submissions, or any derivative works thereto or combinations thereof; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by CabinetM or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submissions; and (d) you forever release CabinetM, and its licensees, successors and assigns, from any claims that you could otherwise assert against CabinetM by virtue of any such moral rights.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require CabinetM to monitor, police or remove any Submissions or other information submitted by you or any other user.
Without limiting the foregoing representations and warranties, you shall not post Submissions that:
When using this Site and/or the Services, you shall not:
This list of prohibitions provides examples and is not complete or exclusive. CabinetM reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions or any portion thereof; with or without cause and with or without notice, for any reason or no reason, or for any action that CabinetM determines is inappropriate or disruptive to this Site or to any other user of this Site. CabinetM may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at CabinetM’s discretion, CabinetM will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
UNAUTHORIZED USE OF ANY MATERIALS OR THIRD-PARTY CONTENT CONTAINED ON THIS SITE MAY VIOLATE CERTAIN LAWS AND REGULATIONS.
You agree to indemnify and hold CabinetM and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) CabinetM or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site, or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
CabinetM™ is a trademark of CabinetM in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CabinetM, Copyright © 2015 CabinetM. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
CabinetM respects the intellectual property rights of others, and we ask you to do the same. CabinetM may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide CabinetM’s designated agent the following information:
CabinetM's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to CabinetM’s designated agent that includes all of the following information:
CabinetM reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by CabinetM, and they may include inaccuracies or typographical or other errors. CabinetM does not warrant the accuracy, integrity, quality or appropriateness or timeliness of the Materials contained on this Site. CabinetM has no liability for any errors or omissions in the Materials, whether provided by CabinetM, our licensors or suppliers or other users. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Material.
You further acknowledge that CabinetM has no obligation to preview, monitor, approve or publish any Material submitted by any other visitor to this Site or Submissions made by you and that such Materials and Submissions have not been verified or authenticated in whole or in part by CabinetM. However, CabinetM reserves the right to review and delete any Material or Submissions that, in its sole judgment, violates these Terms or are not of sufficient quality. By using the Service or accessing the Site, you agree that it is solely your responsibility to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Submissions that you make or Materials that you receive, access, transmit or otherwise convey through the Service. Under no circumstances will CabinetM be liable in any way for any Materials or Submissions including, but not limited to, any Materials that contain any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Submissions that you make or Materials that you receive, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against CabinetM relating to Materials or Submissions, and release CabinetM from any and all liability for or relating to any Materials or Submissions.
CABINETM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CABINETM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
CABINETM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL CABINETM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CABINETM KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
CabinetM controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to CabinetM, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and CabinetM is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that CabinetM is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
You may terminate your account and, if applicable, your subscription, for any or no reason, by providing CabinetM written notice within at least thirty (30) days prior to automatic renewal of your subscription. CabinetM prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, we reserve the right to restrict, suspend or terminate the account of any User for any reason, including but not limited to abusing or misusing the Services, creating multiple or false profiles, using the Services fraudulently without our authorization, infringing any intellectual property rights, or any other behavior that CabinetM deems contrary to its purpose. This cancellation shall be effective immediately or as may be specified in the notice.
Upon the termination of your CabinetM account, you lose access to the Services. In addition, CabinetM may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users.
Massachusetts state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in the courts located in Middlesex County in The Commonwealth of Massachusetts. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. CabinetM’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and CabinetM and supersede all prior or contemporaneous negotiations, discussions or agreements between you and CabinetM about this Site. The proprietary rights, disclaimer of warranties, representations and warranties made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by CabinetM, 427 Silver Hill Rd., Concord, MA 01742 . If you have a question or complaint regarding the Site or Service, please contact Customer Service at support@CabinetM.com. You may also contact us by writing CabinetM, 427 Silver Hill Rd., Concord, MA 01742. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact CabinetM for any reason, you can reach us Customer Service at info@CabinetM.com or CabinetM, 427 Silver Hill Rd., Concord MA.