From its start, CABONNAY LLC, (herein after referred to as CABONNAY) remains guided by strong ethics.
The terms and conditions set forth herein, constitute the full and complete agreement between You, Your heirs, agents, successors and assigns ("You" or "Your" or “User” or “Users”) and CABONNAY. Your agreement to be bound by the terms contained herein is acknowledged by Your use of the CABONNAY LLC’s website(s), including but not limited to general browsing, engaging in information services, support services, shopping services and or any other functionality or service made available to You through CABONNAY.
The official operating language of CABONNAY is English. This agreement shall be read and interpreted in English only. CABONNAY may accommodate any other languages at its sole discretion but shall not be accountable for any lack of other language provisions or the accommodation thereof. All business interactions between you and CABONNAY, including but not limited to interactions through emails, automated system notifications, account information, pre-recorded voice information shall be in English as default business function.
CABONNAY operates its www.cabonnay.com website on US EASTERN TIME. CABONNAY customer service hours are set in US EASTERN Time.
CABONNAY, recognizes the importance of protecting the privacy of personal information about our clients and others who visit our websites. Within this context, the term "personal information" includes any personally identifying information you provide, such as name, email address, zip, whether online or by any other means. You may give CABONNAY personal information when you shop online, participate in a service we offer, or when you communicate with us via telephone, fax, or e-mail. CABONNAY ‘s policy is never to share your personal information with any third party except as you permit or as required by law.
By purchasing and/or using CABONNAY goods and/or services, You acknowledge that You are 18 years of age or older, You have read, understood, and agree to be bound by all terms and conditions of this agreement and any other policies or agreements made part of this agreement by reference, as well as any new, different or additional terms, modifications, conditions or policies which CABONNAY may establish and/or revise at any time, and any agreements that CABONNAY is currently bound by or will be bound by in the future.
CABONNAY, is the owner of the registration information collected on its websites. CABONNAY may collect information from our Users at various points on this website, including but not limited to:
• Support Requests • User Profile Maintenance • User Registration • General Website Usage • Online Shopping Checkout • Customer Service Interactions
For the purpose of servicing your account, for terms of service compliance auditing, and as required by law, CABONNAY can access your private information provided without your authorization.
General Website Usage
Some of the services available on CABONNAY websites require no registration, and may be accessed anonymously. Other services, such as shopping services available on www.cabonnay.com, require that a User first complete a checkout process. During a checkout process a User must provide a set of identifying information, including but not limited to information such as the User's name, e-mail address, and zip code. This information uniquely identifies the User's account with CABONNAY. We will occasionally contact the User via the provided e-mail address regarding the administration of the User's account. We may also use this information to contact the User about services on our site about which the User has expressed an interest in or has engaged with. We give you the opportunity to opt-in/opt-out for receiving marketing emails. We do not sell or provide your email address to any third party who wish to market their products to you.
CABONNAY makes use of information collected from our Users in a number of ways. Some of these uses are intrinsic to the operation of the website; in other words, CABONNAY would be unable to fulfill essential functions without access to such information. Other uses enable CABONNAY to provide the best possible customer experience, while still others assist us in formulating business strategy. The following is a list of the most significant ways in which CABONNAY makes use of your personal information:
You hereby consent and agree that any information CABONNAY may collect from You and/or maintain with respect to You, including but not limited to Your account information, dates of service, billing CABONNAY, billing records, usage statistics, site statistics, services purchased, correspondence to or from CABONNAY concerning You or Your account, or other information which in CABONNAY’s sole judgment is reasonable, CABONNAY may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or is otherwise reasonable shall be within the sole discretion of CABONNAY and may Include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal Government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act ("DMCA") Top
A cookie is a piece of data, stored on the User's computer that is tied to non-personal information about the User. We use both session ID cookies and persistent cookies.
Like most websites, CABONNAY uses server log files. These logs record many details about a User's visit to the site, including the following:
User internet protocol (IP) address
User browser type.
User internet service provider (ISP).
Page from which the User entered the site.
Page to which the User exited the site.
User platform type.
Date & time of visit.
Specific sequence of User's progress through site.
CABONNAY uses this information to analyze trends, administer the site, track User movements in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc., are not linked to personally identifiable information. In other words, although we know precisely what a User may have done during a particular visit to our site, we do not know which User did it. To assist us in performing these analyses, CABONNAY uses popular log file tracking and analysis utilities including: Google Analytics, Squarespace Metrics, Shipstation Metrics, who may also serve web beacons and cookies on the site.
CABONNAY restricts its communications to those Users who have engaged in products, services, or customer service inquiries on the CABONNAY websites. These communications fall into two general categories: Administrative communications & Targeted announcements. Administrative communications are generally one-of-a-kind in nature, and involve specific issues regarding the User's account, inquiry or experience. For example, such communications might announce the publication of new CABONNAY features in the User's geographical region, shopping confirmations and confirmations of e-mail or profile address changes, or responses to Customer Service Inquiries. Targeted announcements are strictly limited to Users who have opted to receive them and such Users who have received such announcements and wish to opt out of them in the future may do so by completing one of the following tasks: For example, Users may opt to receive general e-mailed marketing communications of new content or products of interest to the User while on CABONNAY websites, or opt out on the unsubscribe functionality provided in the email received
CABONNAY websites contain links to other sites. Please be aware that CABONNAY is not responsible for the privacy practices, services, standards, security, or infrastructure of such other sites. We encourage our Users to be aware of when they leave our site and to read the privacy statements of each and every website that collects personally identifying information. This privacy statement applies solely to information collected by CABONNAY. In certain cases CABONNAY may use framing technology to present content from our and our partner's websites simultaneously. In such case, we will clearly identify the framed partner webpage as an outside entity. CABONNAY will not allow any framed webpage to collect a User's personal information unless the page provides a level of security that meets our own high standard.
CABONNAY collects User feedback regarding interactions with our services provided. This feedback enables us to identify potential customer service issues. Although feedback may be tied to specific User accounts within our database, such information is never presented to partners or to other Users except in aggregate form.
This website takes every precaution to protect our User’s information. Selling of online merchandise is processed through Stripe. Stripe uses PCI, SSL, HSTS, Encryption and other methods and standards to ensure security or your information. More information can be found at https://stripe.com/help/security
CABONNAY PRIVACY DEPARTMENT
8 Mohawk Drive, Suite 2
An email may also be sent to the email@example.com email address by clearly marking the subject line of the email to the attention of and as “CABONNAY PRIVACY DEPARTMENT”
SHOULD YOU ATTEMPT A HOSTILE CHARGEBACK FOR SERVICES OR PRODUCTS YOU PURCHASED from CABONNAY, CABONNAY shall immediately shut off services to you or request a return or products from You and will pursue full legal recourse against You to recoup any and all losses. If a chargeback occurs as a result of an action taken by You, a $35 fee will be assessed on top of the full chargeback amount. Please contact our customer service department for any concerns or suspicious activity to best resolve concerns.
CABONNAY strictly enforces compliance with its acceptable use policy. You agree to use any service provided by CABONNAY in full compliance with the terms set forth. Failure to so comply is cause for immediate suspension and/or termination of services provided to you at the sole discretion of CABONNAY. You shall agree to the following: - You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. You agree not to take any action which encourages or consists of threat of harm of any kind to any person or property or assists any other person or group in doing so You agree not to make or attempt any unauthorized access to any CABONNAY websites or the website of any CABONNAY customer. You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. You agree not to undertake any action which is harmful or potentially harmful to the CABONNAY’s web hosting server structure. You agree not to abuse or harass, whether verbally or physically, or whether in person, via email or telephone or otherwise (a) any other customer of CABONNAY (b) any reseller of CABONNAY (c) any other person or (d) any employee or contractor of CABONNAY. - You agree at all times to comply with all International, Federal, State and local laws including those related to content, copyright, and trademark Including but not limited to the Digital Millennium Copyright Act ("DMCA"). You agree that CABONNAY will make the sole determination whether this policy has been violated. This policy may be amended by CABONNAY at any time without notice to You by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be Your obligation to check this page regularly for updates to this policy. CABONNAY reserves the right to refuse to provide service to anyone at their sole discretion, for any reason whatsoever.
Ownership Of Intellectual Property
CABONNAY owns all rights, titles and interests in CABONNAY’s intellectual property, including but not limited to: trade names, service marks, inventions, copyrights, trade secrets, patents and know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to You to use CABONNAY’s trade names or service marks. Your use of any intellectual property rights and/or proprietary information mentioned in this agreement or otherwise owned or licensed by CABONNAY is limited to Your use in connection with the CABONNAY website, services, support services and/or any CABONNAY software, functionality, service, or product made available to You.Top
Disclosure Of Information
CABONNAY may disclose information including, but not limited to, information concerning You, a transmission made using our services or our websites, in order to comply with a valid court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request (compliance documents) properly served on CABONNAY or one of its affiliates. If one of the aforementioned documents and/or requests is issued, CABONNAY and/or its attorneys will review such documents to determine their validity prior to taking any action related thereto. You agree that CABONNAY may charge You a reasonable administrative fee for addressing and responding to any requests and/or any such issues related to You. CABONNAY assumes no obligation to inform You that Your information has been provided and in some cases CABONNAY may be prohibited by law from giving such notice. Top
If you seek the identity or account information of a CABONNAY customer in connection with a criminal matter, and you are a member of the law enforcement community, you must serve CABONNAY with a valid subpoena. CABONNAY is headquartered in LONDONDERRY NH and all civil subpoenas should be served at that location or mailed to:
CABONNAY COMPLIANCE DEPARTMENT
8 Mohawk Drive, Suite 2
Additionally, CABONNAY reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how CABONNAY is related to the pending litigation and the underlying subpoena and/or request. CABONNAY will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the CABONNAY invoice. Checks should be made out to CABONNAY. CABONNAY’s subpoena compliance costs will include, but are not limited to the items listed below and will be charged at a rate determined to be reasonable by CABONNAY.
Term Of Agreement
This agreement has no term limits and commences with your engagement in CABONNAY websites, services or products and the like.
Suspension - At the sole option of CABONNAY, for any reason set forth herein or in the event that You breach any term of this agreement, including but not limited to The Payment of Fees for services or products or any violation of the CABONNAY Acceptable Use Policy, CABONNAY may suspend Your account by deactivating any access by You and/or by web Users to any information contained on the CABONNAY servers related to Your account. CABONNAY may, at its sole discretion, provide You with notification of such suspension. At CABONNAY’s sole discretion, CABONNAY may provide You with an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account or services rendered may be terminated.
This agreement and all of its terms shall remain in full force and effect until it is terminated.
Termination shall Include the removal Your information from the CABONNAY servers. Such information or data may or may not be made available to You by CABONNAY after any such termination. Termination of Your account is within the sole discretion of CABONNAY and Your account may be immediately terminated in accordance with the terms of this agreement, at any time with immediate effect.
CABONNAY may, at its sole discretion temporarily, limit or deny access to its services, for any reason, including the blocking of access and/or the denial of certain services, if, in the judgment of CABONNAY, such limitations or denials of access are required to assure the security of the services, the integrity of the website structure, or to prevent damage to the services provided by CABONNAY, its network, the software or the data stored on CABONNAY.
Notice and Communication
Any notice under this agreement shall be given by CABONNAY to You via email or other contacting information provided by You to CABONNAY at the commencement of this agreement or as CABONNAY is subsequently advised. Notice to You at this address is deemed sufficient regardless of Your receipt of such email, phonecall, voicemail or the like.
Any notice by You to CABONNAY shall be made in writing and sent via United States Mail to the following address:
8 Mohawk Drive, Suite 2
Warranties And Limitations
CABONNAY makes every reasonable effort to maintain operation of CABONNAY services and website, however because as many events and circumstances are beyond the control of CABONNAY, CABONNAY does not in any way warrant or otherwise guarantee the availability of the CABONNAY system, website, services, or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of CABONNAY. CABONNAY’S SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. In general, CABONNAY has no control over information contained on the internet. Information obtained by You from the internet may be inaccurate, offensive or in some cases even illegal. CABONNAY accepts no responsibility for any information which You receive from the internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that You obtain from the internet as well as the reputation of the individuals with whom You may deal. CABONNAY provides no warrantee for any goods or services which You obtain over the internet nor the compatibility of any such services with the CABONNAY system, services or websites.
You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits, loss of stored assets, or loss of business as the result of any action taken in response to any claim of copyright or other intellectual property infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES OR PRODUCT COST PAID BY YOU TO CABONNAY IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL CABONNAY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
You agree to fully defend, indemnify and hold harmless CABONNAY of and from any and all third party claims, causes of action, demands, costs, and damages, including but not limited to direct and consequential damages, attorneys fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to Your use of the CABONNAY services and products or any portion thereof. Choice of counsel remains exclusively that of CABONNAY.
You agree that upon the assignment of Your User ID and password that You will maintain the confidentiality of Your account information and assume all responsibility due to any loss, theft or other destruction of any data as the result of any access to Your account via the use of Your User ID. You further agree to defend, and indemnify and hold harmless CABONNAY of and from any and all third party claims, causes of action, demands, costs, and damages, including but not limited to direct and consequential damages, attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of Your confidential User information. Choice of counsel remains exclusively that of CABONNAY
CABONNAY shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of CABONNAY shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
Your rights under this agreement may be assigned only upon prior written notice and express written approval by CABONNAY. CABONNAY may assign its rights hereunder to any person or entity who shall become a principal owner or shareholder of CABONNAY. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the agreement.
Choice Of Law And Venue
This agreement shall be interpreted under the laws of the State of New Hampshire without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in Rockingham County, New Hampshire. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Notwithstanding any other provision of this agreement, CABONNAY is not Your agent, partner or joint venture in any respect.
CABONNAY may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the CABONNAY website(s) in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.