Last Revised: April 20, 2020
Ripples Unlimited, LLC, DBA Cascadin ("Cascadin", “we”, or “us”) owns the website, software, and applications (“Cascadin Services”) provided to Customer (“you”) for limited use under a license agreement specified within the associated Client Software Agreement. Customer’s users will use the Cascadin Services and Customer shall be bound by these Terms of Service as they apply to the Customer and Customer relationship with Customer’s users.
1. Your Agreement
By using the Cascadin Services, you agree to be bound by, and to comply with, these Terms of Service. If you do not agree to these Terms of Service, please do not use the Cascadin Services.
3. Linked Sites
The Cascadin Services may contain links to other independent third-party web sites ("Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
4. Forward-Looking Statements
All materials reproduced through the Cascadin Services speak as of the original date of publication or filing. The fact that a document is available through the Cascadin Services does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. We have no duty or policy to update any information or statements contained or displayed through the Cascadin Services and, therefore, such information or statements should not be relied upon as being current as of the date you access the information or statements.
5. Disclaimer of Warranties and Limitation of Liability
- The services may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the services. You expressly understand and agree that: (i) Your use of the services, including any reliance on any such opinion, advice, statement, memorandum, or information contained herein, shall be at your sole risk; (ii) The services are provided on an "as is" and "as available" basis; (iii) Except as expressly provided herein we disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement; (iv) We make no warranty with respect to the results that may be obtained from the services, the products or services advertised or offered, or merchants involved; (v) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk; and (vi) You will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.
- You understand and agree that under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of, or the inability to use, any of our services or materials or functions of the services, even if we have been advised of the possibility of such damages. the foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
6. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, our liability in such jurisdiction shall be limited to the maximum extent permitted by law.
7. Our Proprietary Rights
These Cascadin Services and all its Contents are intended solely for Customer’s sole use. Except as expressly provided, nothing within the Cascadin Services shall be construed as conferring any license beyond that specified in the associated Client Software Agreement and do not convey any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content you provide through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights. You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks"), or other intellectual property made available by us in connection with the Cascadin Services; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the Trademarks or other content accessible through the Cascadin Services for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our Trademarks, or any aspect of the Cascadin Services; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the Cascadin Services or any software or programs used in connection with it or its products and functions. The framing, mirroring, scraping, or data-mining of the data or information displayed or accessed through the Cascadin Services or any of its content in any form and by any method is expressly prohibited.
By using the Cascadin Services you agree to indemnify us and affiliated entities (collectively "Indemnities") and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Cascadin Services, your use of any products and third-party services offered through the Cascadin Services, or your submission of ideas and/or related materials to us or from any person's use of any ID, membership, or password you maintain with any portion of the Cascadin Services, regardless of whether such use is authorized by you.
9. Copyright and Trademark Notice
All copyright, trademark, patent, and other intellectual property rights are strictly reserved by Ripples Unlimited, LLC, DBA Cascadin.
10. Intellectual Property Infringement Claims
It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to: Ripples Unlimited, LLC, DBA Cascadin via email at: firstname.lastname@example.org
11. Place of Performance
The Cascadin Services are controlled, operated, and administered by us from our office in Belgrade, Montana, USA. We make no representation that materials available through the Cascadin Services are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you use the Cascadin Services from a location outside of the United States, you are responsible for compliance with all local laws.
- If any provision of these Terms of Service is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of Customers’ documents or purchase orders.
- No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Service or your use of the Cascadin Services. Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Cascadin Services or information provided to or gathered by us with respect to such use.
13. Data Collection and Ownership
- All Customer User data collected, including email addresses and other information that may personally identify users, is the sole property of the Customer.
- Ripples Unlimited, LLC, DBA Cascadin collects data for Customer and stores such data, including email addresses and other possibly personally identifiable information, for Customer only for the term of the associated Client Software Agreement.
- Upon request, Ripples Unlimited, LLC, DBA Cascadin shall provide all Customer User data to Customer upon termination of the associated Client Software Agreement.