Introduction and Acceptance of the Terms of Use

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, ANY ONLINE SERVICE OR OTHER DIGITAL ASSET OF COLLECTIVE TRADE SOLUTIONS, LLC. (COLLECTIVELY, THE “SERVICES”) INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Collective Trade Solutions, LLC. (“CTS”, “we”, “us” or “our”) at www.servicecabana.com (the “Website”) provides, to you, services, products, and access to a variety of resources including the Website and information about the service providers (whose services may or may not be available for purchase) that are subject to the notices, and Terms of Use (“Terms of Use” or “Contract”) set forth in this agreement (the “Agreement”). These Terms of Use apply to your access to, and use of, all or part of any Website, online service or other digital asset of CTS (each a “Service” and collectively, the “Services”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with CTS for products, services, or otherwise.

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify CTS for any potential violation(s) of these Terms of Use. In the event there is any conflict or inconsistency between these Terms of Use and any other terms and conditions that appear on the Services, these Terms of Use will govern.

Any updates, enhancements, new features, and/or the addition of any new properties to the Services, are subject to these Terms of Use. By using any of the Services, purchasing services or products (if any) from the Website or using any Services, you accept and agree to these Terms of Use, our Privacy Policy and applicable terms and conditions, policies or disclaimers found in any of the Services or referenced herein.

Changes to the Terms of Use and the Services

CTS and servicecabana.com are both work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Services and these Terms of Use from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Services by checking back regularly. If you do not agree to the amended terms, you must stop using the Services. Your continued use of these Services following the publishing of updated Terms of Use will be taken to mean that you have read and agree to the changes.

Conflict of Terms

In the event there is any conflict or inconsistency between these Terms of Use and any other terms and conditions found in any of the Services or that appear on the Website, these Terms of Use will govern.

Limited License

CTS grants you a nonp‐exclusive, non‐transferable, revocable License to access and use the Services strictly in accordance with this Agreement. Your use of the Services are solely for internal, personal, non‐commercial purposes, unless otherwise provided in this Agreement. No print outs or electronic versions of any part of the Services may be used by you in any litigation or arbitration matter whatsoever and under any circumstances.

Privacy Policy

You agree that all information you provide, whether for registration or other purposes, including without limitation by using any interactive features of the Services, is governed by our Privacy Policy.  Our privacy policy, which sets out how we will use your personal information, can be found in the Privacy Policy located at the footer of each page of the Website. These Terms of Use incorporate by reference the CTS Privacy Policy.  Your access to, and use of, all or part of the Services indicates your acceptance of this policy.

Access/Use of the Services

CTS hereby grants you permission to view, display, and download the material on any of the Services provided that:

  1. your use of the Services, as permitted, is solely for your personal, non-commercial use;

  2. you will not copy, republish or rebroadcast any part of the Services in any medium, other than as expressly permitted herein, without CTS’s prior written authorization;

  3. you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Website for its intended purpose; and

  4. you will otherwise comply with the Terms of Use of this Agreement.

This permission shall terminate automatically without notice if you breach this Agreement. Upon termination, you must immediately destroy any downloaded and printed copies of any Website or the Services or any portions thereof.

Access/Use of the Services

By using the Services, you agree not to:

  1. commit or encourage a criminal offense;

  2. transmit or distribute a virus, spyware, Trojan, worm, logic bomb, Easter egg or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

  3. hack into any aspect of the Service;

  4. corrupt data;

  5. infringe upon the rights of any other person’s proprietary rights; or

  6. deliver Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any material posted on it, or on any website linked to it.

You may not reproduce, distribute, display, sell, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance.

We reserve the right to refuse service, terminate accounts, and/or cancel access to the Services at our sole and absolute discretion, without limitation, including if we believe, for any reason, that your conduct violates applicable law or is harmful to our interests.  Any service provider which contracts with us to make use of the Services or which communicates with any customer who is a registered member of our Website and makes use of the Services is subject to all terms and conditions of the contracts between you and us, and in the event of a conflict between such contracts and these Terms of Use, the contracts control.

Copyright

The Intellectual Property Rights in the Services, the Website and the materials on or accessible via them belong to Collective Trade Solutions, Inc. or its licensors. The Services, the Website and the materials on or accessible via them, and the Intellectual Property Rights therein, may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). “Collective Trade Solutions”, “Service Cabana” and any CTS or related logos are trademarks which belong to Collective Trade Solutions, LLC., and they may not be used, copied or reproduced in any way without written consent from CTS.

Intellectual Property Rights

You agree that the Services contain proprietary information and material that is owned by CTS, and is protected by applicable intellectual property and other laws. For these purposes “Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Digital Millennium Copyright Act Compliance

CTS will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on our Website;

  4. Your address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

everability

In the event that any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

Indemnity and Limitation of Liability

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers (collectively, “Indemnitees”), harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs (“Claims”), arising out of any breach of these Terms of Use by you, or any other liabilities arising out of (a) your use of this Website or (b) any other person accessing the Website using your personal information with your authority.  You agree that the Services are solely for your benefit and do not constitute any representation, warranty or promise in regards to the service providers or customers listed on the Website, and you further agree to indemnify, defend and hold Indemnitees harmless from any and all Claims arising out of any contract between you and any third party.

In no event does your use of the Services cause us or any other Indemnitee to be liable for the acts of any person accessing the Website, and you hereby waive any Claim against us for any direct or indirect, actual, potential, incidental or consequential damages to you or losses suffered by you, arising from your use of the Services

This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

Third Party Content

CTS may provide third party content in its Services and on the Website as well as links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that CTS is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree that if you decide to visit a linked Third party Website or to use such Third Party Content contained therein, you do so at your own risk.

Third Party Rights

This Contract is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Applicable Law

You agree that these Terms of Use and any dispute arising out of your use or misuse of any of our Website or Services, or any services we may provide, shall be governed by and construed in accordance with U.S. Federal Law and/or Laws of the State of Texas, without resort to conflict of Law provisions.

Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.  IF YOU ARE DISSATISFIED WITH THE SERVICES IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

ANY INFORMATION ON THE SERVICES IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CTS EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THESE SERVICES AND THEIR CONTENT OR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THESE SERVICES AND/OR CTS’ LITERATURE; AND EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. CTS DOES NOT PROMISE THAT THE WEBSITE, THE SERVICES OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. CTS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CTS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR ANY CTS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CTS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

IN NO EVENT SHALL CTS, ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS, OR ANY PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTUIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY CONTENT, PROGRAMS, FEATURES, AND OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH APPLICABLE LAW.

Information About Us

Our Website owned by Collective Trade Solutions, LLC. and registered in Texas. The mailing address for this website is 11118 Hunting Path Ct., Houston, Texas 77065.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Entire Agreement

These Terms of Use and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.