Terms of Use, Privacy Policy, Engagement of Service & Disclosures
This Privacy Policy explains how CABiT Risk Management (CABiT RM), its parent, subsidiaries, and all affiliated CABiT companies (“CABiT,” “we,” “us,” or “our”) collect, use, protect, and disclose information when you visit or use www.cabitrm.com (“the Website”). By accessing the Website, you acknowledge and agree to the practices described in this Privacy Policy.
CABiT RM is committed to protecting the privacy and confidentiality of all website visitors, users, clients, customers, affiliates, contractors, and partners. We do not sell, rent, trade, disclose, or share any information about any visitor or user of this Website to any third party, except as required by a valid and competent court order or lawful government directive. We do not share personal information for marketing or commercial purposes with any third party, nor do we use personal data in ways unrelated to the purpose of the Website.
We may collect basic non-personally identifiable information automatically, such as browser type, device information, pages visited, IP address, session duration, and similar analytics data used solely to improve Website performance, security, and user experience. Any voluntary information you provide—such as through contact forms, service requests, or email communication—is used exclusively for the purpose of responding to your inquiry, providing the requested service, or maintaining internal business records.
CABiT implements reasonable administrative, physical, and technical safeguards to protect all information under our control from unauthorized access, disclosure, alteration, or misuse. However, no website or electronic system can guarantee complete security, and by using this Website, you acknowledge such inherent risks. We do not knowingly collect personal information from minors under the age of 18, and use of the Website by minors is prohibited without parental or guardian consent.
The Website may contain links to third-party websites for convenience or informational purposes. We are not responsible for the content, policies, or security practices of any third-party site, and your use of those sites is entirely at your own discretion and risk.
By continuing to use the Website, you consent to the practices described herein. CABiT reserves the right to update or modify this Privacy Policy at any time without prior notice. All changes become effective upon posting to the Website, and your continued use constitutes acceptance of the updated policy.
Terms of Use
These Terms of Use (“Terms”) govern your access to and use of www.cabitrm.com, owned and operated by CABiT Risk Management and all affiliated CABiT companies (“CABiT,” “we,” “us,” or “our”). By accessing or using the Website, you agree to be legally bound by these Terms. If you do not agree, you must immediately discontinue use.
All content on the Website—including text, graphics, logos, images, data, downloadable materials, and intellectual property—is owned by CABiT or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to view and access the Website for personal or informational purposes only. No content may be copied, reproduced, modified, distributed, sold, or displayed without our express written permission.
The Website is provided strictly on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied. CABiT does not guarantee uninterrupted access, error-free functionality, accurate information, or compatibility with any device or software. You acknowledge that your use of the Website is entirely at your own risk.
Nothing on the Website constitutes legal, engineering, financial, or professional advice. For professional services—including ADA risk assessments, compliance evaluations, engineering inspections, or other services offered by CABiT—you must enter into a separate written agreement. Website content is informational only and should not be relied upon for decision-making.
CABiT shall not be liable for any damages of any kind arising from or related to your use of the Website, including but not limited to direct, indirect, incidental, punitive, consequential, exemplary, or special damages. Your sole and exclusive remedy for any claim, injury, dissatisfaction, harm, loss, error, or damage arising out of or relating in any way to your use of the Website is to discontinue using the Website. By using this Website, you expressly waive all other claims and remedies to the fullest extent permitted by law.
You agree not to misuse the Website, including but not limited to attempting unauthorized access, introducing malicious code, scraping content, interfering with Website functionality, or engaging in activity that violates any applicable law, regulation, or the rights of CABiT or others. We reserve the right to restrict or terminate access to any user who violates these Terms.
The Website may include links to third-party resources. These links are provided solely as a convenience, and CABiT does not endorse or assume responsibility for third-party content, accuracy, availability, or practices. Accessing third-party websites is done entirely at your own risk.
These Terms constitute the entire agreement between you and CABiT concerning your use of the Website. We may update or modify these Terms at any time without notice. All changes become effective immediately upon posting. Continued use of the Website indicates acceptance of the updated Terms.
Any disputes arising from the Website or these Terms shall be governed by the laws of the State of Texas, without regard to conflict-of-law provisions. Any legal action shall be brought exclusively in a court of competent jurisdiction located in Harris County, Texas.
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ENGAGEMENT OF SERVICES – Revised 11-2025
This Engagement of Services Agreement (“Agreement”) is made between CABiT Risk Management (CABiT RM) and the Client. By requesting or receiving services from CABiT RM, the Client agrees to the following terms and obligations.
1. Scope of Services
CABiT RM will provide the Client with a comprehensive ADA Risk Management inspection of the Client’s business or property. The inspection will identify ADA deficiencies, potential non-compliance risks, and recommended corrective actions to reduce exposure to future ADA-related claims or lawsuits.
CABiT RM agrees to perform all inspections professionally, diligently, and in accordance with industry best practices.
Upon completion of the inspection, CABiT RM will provide the Client with a written ADA Deficiency, Inspection, and Mitigation Report, outlining observed conditions, compliance concerns, and recommended steps for remediation. The Client may use this report to guide in its correcting of deficiencies. The client may use any contractor or provider they wish. If they do not know of one, Cabit RM will be happy to provide a list of recommended contractors Cabit RM has found to be credible, reasonable and reliable.
If the Client wishes to become Silver of Gold ADA Certified, and has completed our enhanced certification process, they may proudly display the certification seal that we issue to them on their property, in their business and within that marketing to customers to show the world they are a responsible corporate citizen who takes their social responsibilities seriously.
2. Client Responsibilities
The Client agrees to:
- Provide full access to the business, property, structures, equipment, or other relevant areas necessary for CABiT RM to complete the inspection.
- Ensure that inspection access is timely and unrestricted, and that any scheduled inspection dates are honored.
- Provide truthful and accurate information regarding the premises and operations.
- Make timely payment for all services as agreed or invoiced.
If the Client fails to provide adequate access to the property or does not make the business available for inspection, CABiT RM shall not be liable for any inability to complete the inspection or to deliver the ADA Risk Management Mitigation Report, and such failure shall not constitute a breach of this Agreement by CABiT RM.
3. Confidentiality
CABiT RM agrees to maintain the confidentiality of all information observed or disclosed during the inspection process, including proprietary information, intellectual property, operational details, business processes, and any non-public or sensitive information about the Client or property. CABiT RM shall not share such information with any party except as required by law or court order.
4. No Guarantee of Legal Outcome
CABiT RM provides risk management and ADA compliance inspection services only. While CABiT RM identifies deficiencies and recommends mitigation strategies, CABiT RM does not guarantee immunity from future ADA claims, lawsuits, or actions by government entities, as legal outcomes depend on factors outside CABiT RM’s control.
5. Limitation of Liability
CABiT RM’s sole obligation under this Agreement is to conduct the inspection professionally and provide the written mitigation report. The Client’s exclusive remedy for dissatisfaction, errors, omissions, or disputes arising from the inspection or report is to discontinue use of CABiT RM services.
CABiT RM shall not be liable for lost revenue or profits, business interruption, incidental or consequential damages, or claims arising from the Client’s failure to act on recommendations.
6. Payment Compliance, Service Continuity, and Enforcement
The Client expressly acknowledges that timely payment constitutes a fundamental and non-waivable condition of this Agreement. Any failure by the Client to remit payment when due—whether in full or in part, and regardless of the reason offered—shall be deemed a material breach of this Agreement and shall additionally constitute “Theft of Service” within the meaning of applicable law and as interpreted in the context of professional service engagements.
In the event of such delinquency or refusal to pay, the Client agrees that CABiT RM may, at its sole and absolute discretion and without further notice:
- Suspend, revoke, or permanently terminate service,
- Withdraw or invalidate any ADA compliance certifications, including but not limited to Silver or Gold status,
- Cease ongoing or pending inspections or reporting efforts, and
- Initiate legal action, civil claims, or collection proceedings to recover payment, costs, fees, damages, and any other remedies available.
The Client further agrees that CABiT RM’s invocation of any such remedies shall not constitute a breach of contract by CABiT RM, and that the Client remains fully responsible for all outstanding balances, including any ancillary fees incurred as a result of enforcement actions.
7. Changes to Terms and Conditions
CABiT RM may revise or update its Terms and Conditions of Service at any time. The Client agrees to be bound by all updated terms as posted or provided by CABiT RM. Continued engagement or use of CABiT RM services constitutes acceptance of any such revisions.
8. Entire Agreement
This document constitutes the entire agreement between CABiT RM and the Client regarding the services described. Any amendment or modification must be made by CABiT RM and will apply immediately upon posting or issuance.
9. Acceptance
By scheduling an inspection, paying an invoice, requesting services, or permitting CABiT RM access to the property, the Client acknowledges and agrees to be bound by the terms of this Engagement of Services.
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DISCLOSURES
CABiT Risk Management (“CABiT RM”) provides ADA risk assessments, compliance inspections, and mitigation planning services through a team composed of licensed Engineers, licensed Claims Adjusters, licensed Private Investigators, certified ADA Coordinators, and other qualified professionals. All CABiT RM employees, officers, agents, contractors, and authorized assigns operate within their respective licensure and certification standards.
CABiT RM maintains a comprehensive Risk Management Inspection Program designed to meet or exceed all known applicable laws, regulations, standards, and professional compliance requirements. This program incorporates established best practices from engineering, claims analysis, investigative methodologies, and ADA compliance assessment frameworks.
The Client is advised that licensing or certification requirements vary by jurisdiction. In certain states, the types of professional licenses and certifications held by CABiT RM personnel may not be legally required for the performance of risk management inspections, ADA evaluations, or related consulting services. In such jurisdictions, the Client remains free to select any service provider they deem appropriate.
While CABiT RM encourages informed decision-making, the Client should understand that the accuracy, reliability, and legal defensibility of an ADA inspection or risk mitigation plan may be significantly reduced if the work is performed by individuals who are not licensed, certified, or trained to applicable professional standards. CABiT RM makes no assurances regarding the quality, legality, or adequacy of services provided by unlicensed or uncertified third parties.
The Client acknowledges that CABiT RM’s findings, recommendations, and mitigation plans do not guarantee immunity from regulatory action or ADA-related claims and that the degree of protection afforded by any inspection may diminish substantially when relying on providers lacking appropriate licensure or expertise.
Should you choose CABiT RM, you are selecting a provider that prioritizes professional excellence, regulatory compliance, and meticulous risk management practices. However, where licensure is not mandated by law, the ultimate choice of provider rests solely with the Client.