Terms and Conditions | Hosted Voice

Important — Read Carefully

These Terms of Service constitute the agreement (“Agreement”) between Cady Business Technologies aka Cady Hosted Voice (“we,” “us” or “Cady”) and the user (“you”, “user”, “customer”) of Cady’s services and any related products or services (“Services”). You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized payment method on file with Cady. You understand that you must obtain your own internet connection in order to use the Services. We do not control your internet provider or the quality of your connection. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR PROBLEMS IN THE SERVICES CAUSED BY YOUR INTERNET CONNECTION OR THIRD PARTY PRODUCTS OR SERVICES NOR WILL WE CONTACT ANY OF THESE PROVIDERS ON YOUR BEHALF. No waiver or amendment to this agreement shall be binding on Cady unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of Cady. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.

1. VoIP 9-1-1 Service

1.1 NON-AVAILABILITY OF TRADITIONAL 911 OR E911 DIALING SERVICE.

Cady provides VoIP 9-1-1 service that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (E911) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest emergency response center. In addition, with E911 service, your call back number and address are visible to the emergency response center call-taker. With Cady’s VoIP 9-1-1 service, your call is sent to a national emergency call center. The call center operator will request or confirm your location information and then transfer your 911 call to the emergency response center nearest your location. You should be prepared to provide or confirm your address and call-back number with the operator. If you use a SoftPhone, your 911 calls will be routed to the national emergency response center, however, emergency personnel do not receive your phone number or physical location information. Do not hang up unless told directly to do so and if disconnected, you should dial 911 again.

1.2 REGISTRATION OF PHYSICAL LOCATION REQUIRED.

When registered with Cady, it is your responsibility to ensure your location information is kept current at all times. All location changes must be called into the Cady Support Desk at 763-398-8111 or via email to hostedvoice@cadybt.com. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your VoIP 9-1-1 information if you move your device to a different location and/or if you add a new line or extension to your account. Regardless of what address you register for a SoftPhone or other remote extension medium, the national emergency response center does not receive your phone number or physical location information when you place a 911 call. Your VoIP 9-1-1 service is activated when you subscribe to Cady service.

1.3 SERVICE OUTAGES.

VoIP 9-1-1 service will not function in the event of a power or broadband outage or if your broadband, ISP or Cady service is suspended or disconnected. Following a power failure or disruption, you may need to reset or reconfigure your Device prior to utilizing the service, including VoIP 9-1-1.

1.4 RE-REGISTRATION REQUIRED IF YOU CHANGE YOUR NUMBER OR ADD OR PORT NEW NUMBERS.

You must successfully register your location of use for each changed, newly added or newly ported number in order for VoIP 9-1-1 to function as intended. All changes must be sent to hostedvoice@cadybt.com. Regardless of what address you register for a SoftPhone or other remote extension medium, the national emergency response center does not receive your phone number or physical location information when you place a 911 call.

1.5 NETWORK CONGESTION; REDUCED SPEED FOR ROUTING OR ANSWERING 911 DIALING CALLS.

There may be a greater possibility of network congestion and/or reduced speed in the routing of a VoIP 9-1-1 call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

1.6 CONVEYING LIMITATIONS TO OTHERS.

You should inform any employees, household members, guests and other persons who may be present at the physical location where you utilize the Cady service, of the important differences in and limitations of VoIP 9-1-1 service as compared with E911 service, as set out above.

1.7 DISCLAIMER OF LIABILITY AND INDEMNIFICATION.

We do not have any control over whether, or the manner in which, calls using our VoIP 9-1-1 service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing VoIP 9-1-1 calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Cady nor its officers or employees may be held liable for any claim,

damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our VoIP 9-1-1 service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Cady, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including VoIP 9-1-1, incorrectly routed 911 calls, and/or the inability of any user of the Service to be able to use VoIP 9-1-1 or access emergency service personnel.

1.8 ALTERNATE 911 ARRANGEMENTS.

If you are not comfortable with the limitations of the VoIP 9-1-1 service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.

1.9 VOIP 9-1-1 SERVICE ACKNOWLEDGEMENT.

You acknowledge that Cady’s equipment and services do not support 911 emergency dialing or other functions in the same way that traditional wireline 911 services work. The differences are provided above and the user agrees to notify any potential user of the services, who may place calls using the service, of the 911 limitations.

2. Service & Billing

2.1 SERVICE TERM.

Services will begin the first day the service is operational, and will continue on either a month-to month basis or a term of one, three or five years, as provided in the Schedule of Equipment and Services page of your contract executed by Cady and you (“Service Term”). With respect to contracts of one, three or five years’ duration, the Service Term will renew automatically for successive one-year periods until you provide notice of cancellation in accordance with the requirements of Section 3 below. With respect to month-to-month contracts, Service will continue until the end of the monthly period immediately following the month in which you deliver written notice of cancellation. As used herein, “Service Term” refers to the initial term of your contract plus any renewal terms. If you attempt to disconnect Service prior to the end of the applicable Service Term, you will be responsible for all charges relating to the then-current monthly term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You will also be responsible for charges for the following monthly term in the event that you do not provide the requisite disconnect notice as described in Section 3 below. Customers are responsible for all licenses based on the term of the contract.

2.2 USE OF SERVICE.

Service is provided to you as the user, and you shall not resell or transfer the Service to another party without our prior written consent. Any use of the Services or any other action that causes a disruption in the network integrity of Cady services or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service is, or at any time was, inconsistent with normal usage patterns.

2.3 FAIR USE POLICY.

We reserve the right to review usage of our unlimited calling offer to ensure customers are not abusing such plans. You agree to use our Service Plans for normal voice or fax calls and will not employ methods or devices to take advantage of them by using the voice or fax services excessively or for means not intended by Cady. We may terminate service immediately if, in its sole discretion, you are abusing the unlimited calling offer. IF YOUR USAGE EXCEEDS MORE THAN THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF CADY’S CUSTOMERS, YOU WILL BE IN VIOLATION OF CADY’S FAIR USE POLICY. For purposes of this policy and your plan, “unlimited usage” means the combined number of inbound and outbound voice minutes and faxing, but excluding any correspondence sent to you directly by Cady, as determined by us in our sole discretion. We reserve the right to at any time enforce this policy in accordance with its terms. IN NO EVENT SHALL YOU EXCEED THE COMBINED USAGE OF 1500 FAX PAGES PER FAX PATH (Line) IN ANY THIRTY (30) DAY PERIOD. IN NO EVENT SHALL YOU EXCEED THE COMBINED USAGE OF 500 HOSTED FAX PAGES PER HOSTED FAX DID (Number) IN ANY THIRTY (30) DAY PERIOD. IN NO EVENT SHALL YOU EXCEED THE COMBINED VOICE USAGE OF 1,500 MINUTES PER VOICE PATH (Line) IN ANY THIRTY (30) DAY PERIOD. In the event you have violated this policy, you will automatically be charged per page for fax and per minute for voice of use in excess of the fair usage limit AT THE THEN-CURRENT RATE ESTABLISHED BY Cady, which is currently $0.10 per page for fax and $0.039 per minute for voice and your service will be immediately terminated. THIS OVERAGE FEE APPLIES TO ALL PLANS.

2.4 PROHIBITED USES: UNLAWFUL USES AND INAPPROPRIATE CONDUCT.

You shall use the Service only for lawful purposes. You shall not use the Service in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of any others privacy, or any similar behavior. In addition, you shall not use the Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to the Service. Subject to applicable law, we may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or Cady, its affiliates, directors, officers, agents and employees from harm. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service for an unlawful purpose or in ways mentioned above. In the event of such disconnection you will be responsible for all fees and charges due under this Agreement, including those referred to in Section 2.1, plus a disconnection fee, if applicable, all of which will be immediately due and payable. If we believe that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Cady will provide customer and call detail information in response to lawful government requests, subpoenas, court orders and to protect its rights and property, and in response to law enforcement requests where the failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, Cady reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

2.5 BILLING.

When the Service is activated, you must provide us with a valid email address and a payment method that we accept. Invoices will be sent to you via your email address on file with us. We reserve the right to stop accepting your payment method or your payments. If your payment method expires, you close your account, your billing address changes, or your payment method is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, fees, applicable taxes and surcharges for each Service Term in advance (except for usage-based charges, which will be billed monthly in arrears, and any other reasonable charges which we decide to bill in arrears) to your payment method, including but not limited to: Service plan fees; VoIP 9-1-1 fees; advanced feature charges; enhancement charges and taxes; disconnection fees; and shipping and handling charges. You agree to pay Cady the recurring monthly Service and usage charges, if applicable, for your use of the Services plus any applicable taxes as set forth in Section 2.10 below. Hardware purchases will be charged immediately to your payment method and will also include shipping & handling plus any applicable taxes as set forth in Section 2.10 below. Activation fees are paid at the time of your initial Service request. A late payment charge applies when payment has not been received thirty (30) days following the Invoice being issued. This charge will apply on the unpaid portion of the account and is a monthly compound rate of 2% (or the highest amount allowed by law, whichever is lower). Cady bills usage charges in 6 second increments that are rounded up to the next increment unless otherwise set forth in the rate schedules found on our website.

2.6 ADJUSTMENT FOR INFLATION.

Cady may increase recurring Service and usage charges and fees for the Services once per year by the annual percentage increase in the Consumer Price Index (CPI-U, All Items, U.S. City Average, (NSA), Base Period 1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics, or successor agency.

2.7 INVOICE DISCREPANCIES.

You must notify us in writing within fifteen (15) days after receiving your statement from your credit card issuer if you dispute any Cady charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be directed to hostedvoice@cadybt.com.

2.8 PAYMENT AND COLLECTION.

Your subscription to the Service authorizes us to collect from your payment method. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.

2.9 DISCONNECTION; DISCONTINUANCE OF SERVICE.

We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including un-billed charges, plus the disconnection fee, if applicable, all of which will immediately be due and payable. At our sole and absolute discretion we may charge a disconnection fee of $49.99 per voice line if your Service is disconnected subject to applicable federal, provincial and local laws. Cady will pursue collection for unpaid amounts on disconnected accounts and may report to and exchange credit and personal information with any credit/consumer reporting agency and financial institution relating to this Agreement.

2.10 TAXES.

Federal, provincial, municipal, local or other governments may assess taxes, surcharges and/or fees on your use of Cady service. These charges may be a flat fee or a percentage of your Cady charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service and will be billed to your payment method as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

2.11 SERVICE DISTINCTIONS.

The Service is not a traditional telecommunications service and we provide it on a best effort basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service. Other things may affect Service, such as maintenance. Cady will act in good faith with a view to minimizing disruptions to your use of and access to Service. Important distinctions exist between a traditional telecommunications service and our Service, and our Service is subject to different regulatory treatment than a traditional telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

2.12 NO 0+ OR OPERATOR ASSISTED CALLING; MAY NOT SUPPORT X11 CALLING.

Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service does support specified dialing such as 911, which are provided for elsewhere in these Terms of Service.

2.13 INCOMPATIBILITY WITH OTHER EQUIPMENT & SERVICES.

(a) Home Security Systems. The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any security system with the Service. (b) Certain Modems, Routers and Other Services. You acknowledge that the Service may be determined to be incompatible with other services. You further acknowledge that some providers of internet services may provide modems or routers that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all internet providers and expressly disclaim any express or implied warranties or conditions regarding the compatibility of the Service with any particular service.

2.14 DOWNTURN IN MONTHLY SERVICES

The customer may return any physical telephone sets, which would reduce the monthly amount of the hosted agreement, up to 10% of the total monthly hosted agreement amount. There is no return option for any licenses or any equipment other than telephone sets.

3. Termination

3.1 SERVICE TERMINATION.

You may request cancellation of your Service at any time by providing us with a notice of your intent to cancel at least thirty (30) days in advance of your agreements end date by emailing hostedvoice@cadybt.com. As a result of regulatory requirements, Services can only be terminated by email, so that we may have written confirmation. WE WILL NOT ACCEPT CANCELLATIONS VIA TELEPHONE, FAX OR OTHER METHODS. FAILURE TO CANCEL SERVICES VIA EMAIL IN ACCORDANCE WITH THIS SECTION WILL RESULT IN ONGOING SERVICE FEES. You acknowledge that the cancellation will be effective thirty (30) days after your email notification to us. We will reply with an email confirmation of your termination of Services. If you do not receive such confirmation within thirty (30) days, you must resend another email with the original email attached for date verification. You will not receive any refund or partial refund or any credits for any charges already billed to your account. If you do not notify us within the minimum thirty (30) days from your Service Term completion, you will be charged for the subsequent billing cycle including any additional charges. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with Cady.

3.2 NUMBER TRANSFER OR “PORT”.

You may be able to take, or “port,” your current number to another service provider. If you ask your new service provider to port a number from us, and we receive your request from the new service provider, we will terminate our service for that number shortly after notification to Cady by the relevant carrier(s) of the successful completion of the port. Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any applicable disconnection fees. If a port is unsuccessful for any reason, your service and your agreement with us will not terminate, you will remain a Cady customer, and you will continue to be responsible for all charges and fees associated with your Service.

4. Limitation of Liability; Indemnification; Warranties

4.1 LIMITATION OF LIABILITY.

We will not be liable for any delay or failure to provide the Service, including VoIP 9-1-1, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
an act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; equipment, network or facility shortage; equipment or facility relocation;
service, equipment, network or facility failure caused by the loss of power to you; outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party; any act or omission by you or any person using the Service provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, VoIP 9-1-1) to be connected or completed, or forwarded. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

4.2 DISCLAIMER OF LIABILITY FOR DAMAGES.

IN NO EVENT WILL CADY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE VOIP 9-1-1 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $250.00 OR THE AMOUNT YOU PAID TO CADY WITHIN THE LAST SIX MONTHS. BECAUSE SOME STATES/PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. CADY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH CADY.

4.3 INDEMNIFICATION AND SURVIVAL.

You shall defend, indemnify, and hold harmless Cady, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party or user of the Service, relating to this Agreement or the Services, including, without limitation, VoIP 9-1-1.

The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

4.4 NO WARRANTIES ON SERVICE.

• To the extent permitted by applicable law, WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR CONDITION THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER CADY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CADY’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CADY OR CADY’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.
• Cady is not responsible or liable for loss of service or revenue from any electronic virus that you may encounter using the service. You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses.

4.5 NO THIRD PARTY BENEFICIARIES.

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

4.6 CONTENT.

You will be liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using your Service (each such person, a “User”). You shall ensure that your and your User’s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content.

5. Hardware

5.1 TITLE TO EQUIPMENT AND RISK OF LOSS

Cady shall, as between Cady and customer, retain title to all hardware and other equipment, all software and all associated property owned, leased or licensed by Cady used in connection with providing any Services. Customer hereby consents to the filing by Cady of any financing statements or other instruments, including without limitation Form UCC-1, to secure Cady’s rights to its equipment, software or other property, and hereby agrees from time to time to cooperate with Cady in creating, preparing, executing, delivering, endorsing or filing such financing statements or other instruments. Cady’s equipment, software and other associated property shall not be removed from its location where put into service pursuant to this Agreement without prior written notice to Cady of the location or locations to which customer desires to remove the same. Upon expiration or termination of this Agreement for any reason with respect to any Service, customer shall surrender any and all Cady equipment, software and associated property in respect of each such Service to Cady in the same condition as installed, with the exception of ordinary wear and tear. Customer shall be liable to Cady for the cost of repair or replacement of equipment, software and associated property lost, stolen or damaged while in the care of customer.

5.2 CADY SHIPPING & RETURN POLICY

At Cady we strive for 100% customer satisfaction. All equipment returns must be initiated within 15 days from when the equipment has been received. In order to process a return, a RMA number must be obtained by emailing and including your order number, your name, the product type, and a reason for the return. Once an RMA has been issued, Cady must receive the returned equipment within 15 days. Customers are responsible for all return shipping costs, including defective merchandise. Packages that arrive COD or Postage Due will be refused. All products must be received in new, resalable condition. The condition of the product will be determined at our discretion. A 20% restocking fee may be charged for all non-defective returns. Any equipment refused by the customer may be restocked with a 20% fee deducted from the refund. In addition, any postage due or brokerage fees associated with recovering a refused package will be deducted from the refund. Shipping charges are not refundable under ANY circumstances once an order has shipped. If an item is defective or fails within the first 15 days then please contact us at for an RMA number and we will replace the item for you. Replacement of items that failed but during the first 15 days will be shipped out using our Ground Shipping method. If a product fails after the first 15 days then please contact the manufacturer directly. If you are not sure who the manufacturer is, are not sure how to contact them, or are having problems getting them to replace your product while it is covered under the Manufacturer’s Warranty (if any) then please email us and we will do our best to assist you. All returned items should be packed in the same manner as they were originally shipped. Products returned without the original packaging will be refused. You will need to write the RMA number on the shipping label. We strongly suggest that you purchase Insurance and Signature Confirmation as we are not responsible for any packages lost or damaged during the return trip. In the event that a package is listed as Delivered but cannot be found, only the signature of a Cady representative will suffice as proof of delivery to our warehouse. Refunds will be charged back to your credit card after our warehouse receives, inspects, and processes your return. Bear in mind, your credit card company determines when the issued credit will be reflected in your statement. Please allow one to two billing cycles.

6. Miscellaneous

6.1 GOVERNING LAW.

The Agreement and the relationship between you and us is governed by the laws of the State of Minnesota and the federal laws of The United States of America applicable therein without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the County of Hennepin, State of Minnesota, United States of America and waive any objection as to venue or inconvenient forum.

6.2 MANDATORY ARBITRATION AND NO JURY TRIAL.

Except to the extent contrary to applicable law, any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by a United States arbitration organization of our choosing. The arbitration shall take place in Minneapolis, Minnesota and shall be conducted in English. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN HENNEPIN COUNTY, MINNESOTA, UNITED STATES OF AMERICA.

6.3 NO WAIVER OF RIGHTS.

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

6.4 ENTIRE AGREEMENT.

This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Cady and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Cady and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

6.5 SEVERABILITY.

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

6.6 FRENCH & SPANISH LANGUAGE.

The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only.

6.7 REGULATORY.

Where applicable, either party may immediately cancel the affected Agreement or Service Schedule(s) without penalty in the event of any regulatory or legislative change or government policy that renders the Agreement or Service Schedule(s) unenforceable or illegal. You will remain obligated to pay any amounts that have accrued at the time of such cancellation. In the event that the Federal Communications Commission (F.C.C.) or Canadian Radio-Television Commission (C.R.T.C.) chooses to forbear or deregulate or substantially change its tariffs, Cady will have the option, at its sole discretion, to adjust the amounts under the Agreement or Service Schedule(s) accordingly.

6.8 PRIVACY POLICY.

This privacy notice discloses the privacy practices for Cady Business Technologies and our websites; https://www.cadybt.com. This privacy notice applies solely to information collected by this website, except where stated otherwise. It will notify you of the following:

• What information we collect;
• With whom it is shared;
• How it can be corrected;
• How it is secured;
• How policy changes will be communicated; and
• How to address concerns over misuse of personal data.

6.9 LOADING OF APPLICATIONS.

For applications requiring client software to be installed on customer provided PC’s, Cady will install (1) application with the customer for training purposes. Remaining applications will be the customer’s responsibility to install.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number provided on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data

Orders

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Sharing

We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

And/or:

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline.

Only employees who need the information to perform a specific job (e.g. billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.

Cookies

We use “cookies” on this site. A cookie is a piece of data stored on a site visitors hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners may use cookies on our site (e.g., advertisers). However, we have no access to or control over these cookies.

Surveys & Contests

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information.

Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes.

Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Notification of Changes

Whenever material changes are made to the privacy notice specified how you will notify consumers.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 763-398- 8111 or via email at hostedvoice@cadybt.com.

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Please contact us for further explanation or with any questions.

Cady Business Technologies – Minnesota
3030 Harbor Lane North, Suite 104
Plymouth, MN 55447