BobCAD-CAM Membership Agreement
BobCAD-CAM, Inc. ("BobCAD-CAM") provides support, training and downloadable software (collectively, "Member Services") to allow You, the user (“You”), the opportunity to. BobCAD-CAM also offers certain products including, but not limited to, BobCAD-CAM software, BobCAM Software and their affiliated add-ons and training products. All software, products and services described in this Agreement, as well as any other software, products and services offered by BobCAD-CAM at any time shall be defined herein as “Service Plans” or “Service.” Software offered per Member Services is licensed, not sold, only in accordance with these terms. In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this "Agreement"). This Agreement may be modified by BobCAD-CAM from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Description of Membership and List of Services
BobCAD-CAM Inc. provides xxxxxxxxxxxxxx
- Monthly Plan A (monthly or annual)
- Monthly Plan B (monthly or annual)
- Monthly Plan C (annual only)
The benefits of the Service Plans are available only while your subscription is active and Your BobCAD-CAM account is in good standing. For the sake of clarity, if You cancel, then renew, Your Plan within a one-year period, such Service Plan Benefits, including new releases of software verions, will not be redeemable until the following one-year period. Additionally, if You cancel Your subscription before redeeming the Redeemable Benefits, those benefits will expire and no longer be available to you.
If you have an existing subscription, your subscription will maintain the same services that are currently provided. BobCAD-CAM reserves the right to modify the Plans at any time and in its sole discretion, although the level of Services provided during your then current term will not decrease. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check your account online or call a BobCAD-CAM call center representative if you have any questions.
Customer Must Have Internet Access
DSL, cable or another high speed Internet connections is required for propert transmission of the Services. Customer is responsible for procuring and maintaining the network connections that connect the Customer network to the Services, including, but not limited to, “browser” software that supports protocol used by BobCAD-CAM, and to follow logon procedures for services that support such protocols. BobCAD-CAM is not responsible for notifying You of any upgrades, fixes or enhancements to any such software, or for any compromise of data transmitted across computer networks or telecommuncations facilities (including but not limited to the Internet) which are not owned or operated by BobCAM-CAM. BobCAD-CAM assumes no responsibility for the reliability or performance of any connections as described in this paragraph.
As a condition of Your use of the Service, You agree to: (a) provide BobCAD-CAM with true, accurate, current and complete information as prompted by the BobCAD-CAM’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You must be 18 years of age or older to use or register for Services.
USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
BobCAD-CAM will charge you a membership fee in order to provide the Service. Your membership fee is the amount you were charged for your subscription or Plan, not including any promotions or discounts that may have been applied (the "Membership Fee"). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check your account online or call a BobCAD-CAM call center representative if you have any questions. You acknowledge that BobCAD-CAM reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees for access to the Service may be made either on a monthly or annual basis (except Plus and Premium Plans, which are annual only). Annual Membership Fees may be paid in advance by cash, check, credit card, debit card or PayPal. Monthly Membership Fees and Additional List Fees may only be paid in advance by credit card, debit card or PayPal. All membership subscriptions will be automatically renewed upon the terms set forth below, unless such membership subscription is cancelled or terminated as provided below or unless you opt out of the automatic renewal feature as provided below.
Suspension of account:
BobCAD-CAM reserves the right to suspend Your access to and/or use of the Services if your account is unpaid or is unable to be renewed, without providing notice to You.
Monthly Payment Subscriptions:
If You currently have or select a monthly payment subscription (e.g., a monthly Basic Plan or existing grandfathered monthly subscription), each month BobCAD-CAM will automatically renew Your membership on a month-to-month basis at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with BobCAD-CAM. Each monthly renewal payment will take place on or about your expiration date. If the renewal of Your monthly membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by BobCAD-CAM). Except as otherwise required by applicable law, you agree that BobCAD-CAM will not provide you with any notices prior to each monthly renewal payment.
Annual Payment Subscriptions:
If You select an annual payment subscription, BobCAD-CAM will automatically renew Your annual membership for one year at the Membership Fee for annual memberships (as such membership fee may be modified as provided above) using the credit card, debit card or other payment information on file with BobCAD-CAM. Such annual renewal payment will take place on or about your expiration date. If the renewal of Your annual membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by BobCAD-CAM). Except as otherwise required by applicable law, you agree that BobCAD-CAM will not provide you with any notices prior to each annual renewal payment.
Upgrading and Downgrading Plans:
If you upgrade Your Plan during the term, you will be purchasing an additional annual subscription. At the time of the upgrade, your first subscription shall be upgraded to the new Plan, and you agree to pay for the new Plan at that time. Your second subscription shall begin at the expiration of the first subscription. For the sake of clarity, the fee will be the amount of the new Plan at the time you requested the upgrade.
Canceling Your Subscription:
If you decide to cancel your subscription, in order to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time two business days prior to your scheduled renewal payment date. You may cancel your subscription by contacting BobCAD-CAM by first class certified mail at 28200 US HWY 19 Clearwater Florida, 33761; or by telephone at (727) 442-3554.
Authorization to Update Credit Card Account Information; Account Updater:
BobCAD-CAM may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans. You agree that you shall not bring any action against BobCAD-CAM relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that BobCAD-CAM has no responsibility for replacing the Incentive.
You will create a unique user ID and a password when you register. Your user ID and password may only be used by you and the members of business (meaning anyone who is currently employed at the address you registered with BobCAD-CAM). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.
TERM AND TERMINATION
The initial term of this Agreement will be defined in your membership Plan, and will continue for automatic subscription renewals thereafter until termination by either party in accordance with the terms of this Agreement. BobCAD-CAM may, for any reason in its sole discretion, immediately terminate this Agreement, Your account and Your access to the Service. If BobCAD-CAM merely terminates Your account for its convenience and you are not in breach of this Agreement, BobCAD-CAM will refund Your membership fees on a pro rata basis from the date of such termination to the end of the then current term.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
MODIFICATION OF TERMS AND CONDITIONS
BobCAD-CAM will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.bobcad.com). You will receive notice if modifications to the Agreement are made. BobCAD-CAM will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
BobCAD-CAM reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that BobCAD-CAM will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that BobCAD-CAM may establish general practices, policies and limits, which may or may not be published, concerning the use of the ServiceYou agree that BobCAD-CAM has the right to change these general practices and limits at any time, in its sole discretion, with or without notice. In the event the Services are discontinued by BobCAD-CAM, You will receive a pro-rated refund.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. BobCAD-CAM is not responsible for any delays, failures or other damage resulting from such problems.
INTELLECTUAL PROPERTY RIGHTS
Aside from user-submitted Content and Service Provider Content, all other materials and other information provided through the Member Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, trade and service marks, data compilations, software and source code (collectively, the "Copyright Materials") are the exclusive property of BobCAD-CAM and/or its licensors and are protected by all United States and international copyright laws. The license granted to You does not convey any rights in the Services, express or implied, or ownership in the Services or any intellectual propert rights thereto. In addition, BobCAD-CAM shall have a royality-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including users, relating to the operation of the Services.
Subscription-Based Software License; Restrictions
BobCAD provides the Software and Service to you as part of your subscription to use the Service. You are granted a non-exclusive license to use the Software so long as your subscription is current as described in this Agreement. You shall not: (i) modify, port, adapt or translate the Software; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software; (iii) circumvent technological measures intended to control access to the Software; or develop, distribute, or use with the Software, products that circumvent the technological measures; or (iv) rent, lease, sell, sublicense, assign, or transfer your rights in the Software, or authorize any portion of the Software to be copied.
You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT BOBCAD-CAM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. BOBCAD-CAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR BOBCAD-CAM COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOBCAD-CAM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BOBCAD-CAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY BOBCAD-CAM OR THE FAILURE OF BOBCAD-CAM TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
You understand and agree that your access to the Servies represents a substantial portion of the value you receive from Your BOBCAD-CAM membership fee. THEREFORE, TO THE EXTENT BOBCAD-CAM IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, BOBCAD-CAM LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF MEMBERSHIP FEES (IF MEMBERSHIP FEES ARE PAID ON AN OTHER THAN MONTHLY BASIS IT WILL BE THE PRORATED VALUE OF MEMBERSHIP FEES OVER A ONE (1) MONTH PERIOD).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BOBCAD-CAM CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO BOBCAD-CAM THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR BOBCAD-CAM, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF BOBCAD-CAM TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY BOBCAD-CAM. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF BOBCAD-CAM TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY BOBCAD-CAM. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT BOBCAD-CAM SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless BobCAD-CAM, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to BobCAD-CAM or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. BobCAD-CAM will have sole control of the defense of any such damage or claim. This section shall surive the termination of this Agreement.
BREACH OF AGREEMENT
You understand and agree thatif it becomes necessary for BobCAD-CAM to pursue legal action to enforce the terms and conditions of this Agreement, You agree to pay the actual damages suffered by BobCAD-CAM, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that BobCAD-CAM may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to BobCAD-CAM will be provided by either sending: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to BobCAD-CAM Inc. 28200 US HWY 19 Clearwater Florida, 33761 , Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
This Agreement governs your use of the Service and constitutes the entire agreement between you and BobCAD-CAM. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and BobCAD-CAM regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to BobCAD-CAM under this Agreement.
This Agreement and the relationship between you and BobCAD-CAM will be governed by the laws of the State of Florida, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Pinellas County, Florida and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that BobCAD-CAM may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of BobCAD-CAM's rights if BobCAD-CAM fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and BobCAD-CAM agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and BobCAD-CAM as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.