PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Acceptance of Terms
You may not interfere with the security of or otherwise abuse the System or any system resources, Content, and/or Services or networks connected to or accessible through the System. You may only use the System for lawful purposes.
Prior to using the System, you agree to review, in its entirety, the informational video found at <URL-UNAVAILABLE>. If you have trouble accessing the video, please contact CBAI for assistance.
Use of Services
The Contents and Services of the System, and the System as a whole, are intended to primarily facilitate general testing of machinery using, at least in part, vibration analysis techniques, as set-forth and defined by CBAI and subject to change by CBAI at any time, in CBAI’s sole discretion. CBAI provides the System as a general reference tool for analyzing the general mechanical condition of machinery, primarily including circuit breakers, and use outside of this scope is not approved and is strictly prohibited without the express written permission of CBAI.
Services and Content provided by CBAI shall be provided and/or performed with reasonable skill, care, and diligence. CBAI will use reasonable endeavors to provide Content and/or Services within the reasonable time frame provided by CBAI for each action requested by you; however, it is agreed by you that time is not of the essence. Any time frame provided by CBAI is only an estimate, and accordingly, CBAI does not accept any responsibility or liability, financial or otherwise, in the event that CBAI is unable for any reason to meet the estimated time frame. CBAI shall not be responsible for any failure to provide Content or perform Services, where such failure was caused by an act of God, act of governmental or any other lawful authority, war, riot, civil commotion, natural disaster, loss of power, or loss of communication channels.
CBAI may provide Content and/or the Services itself, or CBAI may, in its sole discretion, instruct third parties to carry out, in whole or in part, any Services or provide any Content. Neither CBAI nor Apple provides any warranties or shall be liable for the Services or Content provided by third parties.
In addition to the Content and Services offered by CBAI, the System may also make available materials, information, products, and/or services provided by third parties, such as maintenance or troubleshooting services (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate agreements that accompany such services. CBAI does not monitor or endorse the third parties or the Third-Party Services. CBAI and Apple offer no guarantees and assume no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from the use or operability of any machinery, including circuit breakers. You agree that, with respect to the Third-Party Services, you will not hold CBAI or apple responsible or liable, or seek to do so.
As with any machinery, dangers and risks associated with the machinery’s operation are ever present. With respect to the operation of electrical machinery, such as circuit breakers, hazards include, but are not limited to, arc flashes, electrocutions, explosions, and fires, but may also include hazards and damages due to human error in the operation of the machinery. For example, operation of a circuit breaker for testing by the System, could result in a problematic or untimely shut down of power that is necessary for the operation of critical systems (e.g., hospitals). Each time you use this System, you agree, represent, and warrant that you have obtained proper permission to operate the machinery and understand all associated risks in operating the machinery. With specific regard to circuit breakers, each time you use the System, you agree, represent, and warrant that you (i) have permission to operate (e.g., open/close) the circuit breaker, (ii) understand that you will be changing the state of the circuit breaker (e.g., taking the equipment offline/online), (iii) are adhering to all safety precautions for operation of the circuit breakers, and (iv) are taking adequate precautions to protect operators from shock hazard and/or arc flash hazard.
Registration and Payment for Services
The “Fee” to use the System is set by CBAI, from time to time, in its sole discretion, and is subject to change without notice. Unless otherwise stated, the Fee does not include taxes or duties of any kind, and all taxes and duties are responsibility of the user.
You agree to pay to CBAI all Fees, as set forth on the Site and/or App, at the time specified on the Site and/or App, or if there is no such time specified, all payments for Fees must be paid prior to using any portion of the System, including the Site and App. If Fees are not paid, Content may not be provided and Services may not be performed. All payments shall be made in full and without any deduction, whether by set-off, counterclaim, discount, abatement, or otherwise, unless you have CBAI’s prior written approval or a valid order from a court having proper jurisdiction.
Maintenance and Support
Should you require maintenance and support for your use of the System, please contact CBAI at email@example.com. You agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or System. Please contact CBAI with any questions, comments, or claims at CBAI, C/O Customer Service, 4800 Broadway, Ste. B, Addison, TX 75001. Tel: 972.250.2500; Fax: 972.250.2501; Email: firstname.lastname@example.org.
The Marks displayed on or in connection with the System are the property of CBAI or other third parties. You are not permitted to use the Marks without the prior written consent of CBAI or such third party that may own the Marks.
You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, reverse engineer, improve, import, export, offer for sale, or sell the System, or any Content or Services of the System, without first obtaining written permission from CBAI. You hereby agree to assign and do hereby assign to CBAI all rights and interests in any intellectual property, submissions, test results, data, improvements, derivative works, modifications, inventions, or otherwise, related to or derived from the System, or any Content or Services of the System, that are developed by or attributable to you.
Communications and Submissions
Digital Millennium Copyright Act
CBAI respects the intellectual property of others and will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider (such as or including CBAI), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Content infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.
Internet and Viruses
While using the internet and the System, you may encounter various technical difficulties which could impact you and your computer equipment. You may also inadvertently receive computer viruses or other malicious files while using the System. CBAI shall not be responsible for such difficulties, viruses or other malicious files encountered during your use of the System or the internet. For these reasons, CBAI recommends that you take every possible precaution to avoid the reception of such difficulties, viruses or other malicious files, including, but not limited to anti-virus software and equipment.
You further agree, represent, and warrant that any actions by you or data or information supplied to CBAI by you shall not be such as will cause CBAI to infringe any intellectual property rights, including patent and copyright, of any third party and shall indemnify, defend, and hold CBAI and its subsidiaries, customers, affiliates, successors, and assigns and their respective directors, officers, employees, shareholders, representatives, agents, and customers from and against any claims, damages (consequential or otherwise), liabilities, causes of action, and losses of any kind whatsoever, including reasonable attorney’s fees incurred by CBAI. You and CBAI agree that Apple shall not be responsible for the investigation, defense, settlement, and/or discharge of any such intellectual property infringement claim.
You further agree that Apple is not responsible for any claims brought by you or third parties relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CBAI OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S CONTENT OR SERVICES ON THIS SITE, THE SYSTEM, AND ALL MATERIALS, CONTENT, AND SERVICES ACCESSIBLE THROUGH THE SYSTEM, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CBAI MAKES NO WARRANTY THAT (i) THE SYSTEM, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SYSTEM, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM, SERVICES, OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENTS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES, CONTENT, OR THE SYSTEM AS A WHOLE, WILL BE CORRECTED.
THE SYSTEM, SERVICES, AND CONTENT COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. CBAI MAY MAKE CHANGES TO THE CONTENTS AND SERVICES OF THE SYSTEM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES OF THE SYSTEM MAY BE OUT OF DATE, AND CBAI MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) CBAI DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT (INCLUDING PHOTO UPLOADS OR OTHER MATERIALS), PRODUCTS, OR SERVICES SUBMITTED OR OFFERED BY THIRD PARTIES THROUGH THE SITE OR APP, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CUSTOMERS/USERS, THIRD-PARTY VENDORS, AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE OR APP; (ii) CBAI MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CBAI SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, NOT OTHERWISE DISCLAIMED, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE OF THE APP TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY SHALL NOT BE APPLE’S RESPONSIBILITY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL CBAI OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY SERVICES RELATED TO THE SYSTEM.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CBAI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Any failure, forbearance or delay on the part of CBAI to exercise any remedy or right herein shall not operate as a waiver. The failure of CBAI to require your performance of any of the terms, covenants, or provisions herein shall not constitute a waiver of any of the rights herein.
Enforcement of Terms and Conditions
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Policies for Circuit Breaker Analyzer
Shipping and Delivery
We make every reasonable effort to have your order for deliverable items shipped within 72 hours of receiving your order. Our normal delivery service is done either by USPS or UPS and normal shipping times range from 2 to 7 working days. If you desire Saturday or overnight delivery, please use this link to contact us by telephone or email.
Cancellation, Return and Refund Policies
Return Shipment Instructions
About Your Refund
When we have received and processed your return, we will issue a refund to the payment method used for the original order.