Effective February 25, 2015
Welcome to Cascade, located at cascadehq.com, which is owned and operated by JAC Labs, Inc. (“Cascade”). Cascade offers a series of services and software, including providing a collaborative training and skill development platform for organizations (the website, services and software provided by Cascade are collectively referred to as the “Website”).
The terms and conditions of these Terms of Service constitute a legal agreement between you (either an individual or, if purchased or otherwise acquired by or for an entity, such entity). “You,” “your” and “Owner” mean the individual or entity that has ordered service from Cascade by registering to use the Website, as described below in these Terms of Service. IF THE PERSON ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF A ENTITY, SUCH PERSON REPRESENTS THAT IT HAS THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF SERVICE.
Your registration on and use of the Website constitutes your acceptance and agreement to these Terms of Service.
The Website allows organizations to create and maintain a training and information platform for its members. The training platform allows an organization’s members to collaborate on the creation of organization-specific training through informational “field guides.” The Owner is responsible for the registration and administration of an entity’s account. The Owner may designate one or more administrators (each, an “Administrator”) to authorize access to the Website by individual users of the Owner (“Users”) . Both Administrators and Users can create field guides, and the individual account that creates the field guide will become the owner of that field guide. As a field guide creator, each User will have control over the content and presentation of the field guides created by the User, as well as who may view and access such field guides. Administrators will also be able to view and access field guides created by Users.
These Terms of Service contain the terms and conditions that govern your use of the Website, whether you are an Owner, Administrator, or User. The Terms of Service also describe your rights and responsibilities and what you can expect by using the Website. If you do not agree with these terms of service, you are prohibited from accessing or using the Website.
Cascade reserves the right to add, delete, and/or modify any of the terms and conditions contained in these Terms of Service at any time and in its sole discretion by posting a change notice on the Website. In the event of substantive changes to the Terms of Service, you may be notified by email of the changes. If any modification is unacceptable to you, you should immediately cease use of the Website. Your continued use of the Website following a notice of a change in the Terms of Service on the Website will constitute your binding acceptance of the changes.
Cascade will only provide access to the Website to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The Service is not intended for children under the age of 13.
In order to use the Website, you will have to first create an account on the Website by providing certain registration information to Cascade, such as your name, organization, domain, title, and email address. During this registration process, you will also be asked to create a username and password. The first registered User for an organization or domain will be designated as the Owner and Administrator, unless other arrangements are made with Cascade. Administrators will be given access to an administrative console to create or delete Users, up to the number of Users specified by the Owner during the registration process.
As between the Owner and Cascade, the Owner or an Administrator will be responsible for authorizing individual Users to access and use the Website. The Owner will ensure that Users do not share any password with any other person or permit any other person to log on as such User. In the event of termination or withdrawal of a User, the Owner or an Administrator may reassign the account to a new User, at no additional cost, subject to the terms of these Terms of Service. Accounts for Users may only be created through the administrative console. Each organization is fully responsible for all activities that occur under its Users’ accounts.
Cascade hereby grants the Owner a non-exclusive license as further detailed below to authorize Users to access the Website from servers operated by Cascade or a third party host for the internal use of the Owner, subject to the Owner’s compliance with these Terms of Service and the payment of any required fees for any paid component of the Website. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Cascade; to compete with Cascade; to create derivative works of the Website; or to create reproductions of the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach the Terms of Service, Cascade may revoke the license granted to you.
All licenses granted under these Terms of Service are limited, revocable (as provided herein), non-transferable, world-wide, non-sublicensable licenses to the Website for the purpose of collaborating on the creation and use of a training platform for your organization (each a “Software License”). The Software License does not include the right to collect or use information contained on the Website for purposes prohibited by Cascade; to compete with Cascade; to create derivative works of the Website; or to create reproductions of the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach the Terms of Service, Cascade may revoke the license granted to you. The Website services provided under each Software License include those necessary for the number of Users that each organization signs up for during the registration process. All Software Licenses are subject to (i) the terms, conditions and restrictions set forth in these Terms of Service and (ii) and the payment of any required fees for any paid component of the Website and the payment requirements set forth in these Terms of Service. All Software Licenses are granted solely for the purposes set forth in these Terms of Service.
If you are licensing the Software for evaluation purposes, the Website shall be used solely for the purposes of testing and evaluating the Website in a non-production environment. The Software License shall be for a period of thirty (30) days from the date of initial registration or for such other period as agreed between you and Cascade. You are solely responsible for taking appropriate measures to back up your systems and for taking other measures to prevent any loss of files or data during such trial period. In addition, in connection with the evaluation of the Website during the trial period, you shall be entitled to receive a limited number of Software Licenses free of charge, unless other arrangements are made with Cascade. Under any Software License provided for evaluation purposes, the Website is provided “AS IS” without any additional warranty of any kind and you understand and agree no other warranties stated herein shall be applicable to such Software License. At the conclusion of the trial period specified above, the Website may be automatically disabled or you may terminate these Terms of Service immediately upon written notice to Cascade. To the extent that you continue to use the Website after the end of any trial period, the Software License shall convert to a subscription under these Terms of Service at Cascade’s then-current rates, terms, and conditions.
You may only use the Website as expressly permitted by Cascade. Your right to access and use the Website is limited to the individual or entity that registered and is not transferrable by you to any person or entity. You may only use the Website for lawful purposes. You agree that you are solely responsible for the nature and content of all materials, works, data, statements, and other visual, graphical, video, written or audible communications of any nature submitted by any User or otherwise used through a User account. Further, you agree not to use or permit the use of the Website: (i) to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (ii) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iii) in any manner that is likely to damage, disable, overburden, or impair the Website or interfere in any way with the use or enjoyment of the Website by others; (iv) to introduce any malware or other malicious activity in your or a Users use of the Website; (v) in violation of any U.S. denied party list, embargoed country restriction, export law or regulation; or (vi) in any way that constitutes or encourages conduct that could constitute a criminal offense.
Without limiting Section 7.4 (Disclaimer of Warranties) or your obligations under these Terms of Service or this Section 4, Cascade will implement commercially reasonable administrative, physical, and technical measures including disaster recovery procedures designed to secure electronic files, materials, data, text, audio, video, images or other content transmitted, stored, retrieved or processed by you and Users using the Website (“User Content”) against accidental or unlawful loss, access or disclosure.
As between you and Carin, Cascade or its licensors own and reserve all right, title and interest in and to the Cascade marks (further described below), the Website, and all hardware, software and other items used to provide the Website, other than the access rights explicitly granted to you in Section 6.1. No title to or ownership of any proprietary rights related to the Website is transferred to you or any User pursuant to these Terms of Service or any transaction contemplated by these Terms of Service. All rights not explicitly granted to you are reserved by Cascade. Cascade reserves the right, in its sole discretion, to change and/or require you to change your Website user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Website. In the event that you make suggestions, improvements or modifications to Cascade regarding any features, functionality or performance that Cascade adopts for any of its products including the Website, such features, functionality or performance shall be deemed to be automatically assigned under these Terms of Service to, and shall become the sole and exclusive property of Cascade.
As between you and Cascade, you and your licensed Users own all right, title and interest in and to the User Content. You hereby grant Cascade the right to transmit, use and disclose the User Content solely to provide the Website to you or any User or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which Cascade believes in the good faith requires Cascade to disclose information to assist in preventing the death or serious bodily injury of any person.
Cascade and the “C” logo are trademarks of JAC Labs, Inc. Product names, logos, brands, and other trademarks featured or referred to within the Website are the property of their respective trademark holders. These trademark holders are not necessarily affiliated with Cascade or the Website, and they do not sponsor or endorse Cascade.
Cascade reserves the right to modify the content, organization or structure of the Website, and may change, suspend, or discontinue any aspect of the Website at any time either at no cost or subject to additional fees, in Cascade’s sole discretion. Cascade shall have complete discretion over the features, functions, and other terms and conditions on which the Website is offered. Notwithstanding anything else contained in these Terms of Service, Cascade will have no obligation to continue making the Website available or to produce or release new versions of the Website or any updates thereto, or to continue offering any portion of the Website at a certain price or free of charge.
In the event you elect to access any paid portion of the Website, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged to your credit card. in order to facilitate payments, Cascade may use a third party payment processing service, such as Stripe, from time to time. You agree to permit such third party payment processing service to store your payment information. Further, by submitting your credit card information to Cascade, you are authorizing Cascade and/or our third party payment processing service to charge your credit card the fees associated with any paid portion of the Website.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. In appropriate circumstances and at Cascade’s discretion, Cascade may terminate a User’s and/or Administrator’s account who becomes a repeat copyright infringer. If you believe in good faith that any content made available in connection with the Website infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details). Currently, an effective notice must contain the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (iii) identification of the claimed infringing material or subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your address, telephone number, and, if available, your email address; (v) a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices and counter notices with respect to the Website should be sent to JAC Labs, Inc., Attn: JAC Labs, Inc. DMCA Agent, 23515 NE Novelty Hill Rd, Suite B 221 #271, Redmond, WA 98053 or via email at DMCA@cascadehq.com.
You represent and warrant to Cascade that, in your use of the Website, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; and (iii) that you have the full power and authority to enter into and perform your obligations under these Terms of Service.
CASCADE PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CASCADE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS USE WILL: (i) BE UNINTERRUPTED, (ii) BE FREE OF INACCURACIES OR ERRORS, (iii) MEET YOUR REQUIREMENTS, OR (iv) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. CASCADE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON INFRINGEMENT.
IN NO EVENT WILL CASCADE’S TOTAL AND CUMULATIVE LIABILITY FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THESE TERMS OF SERVICE EXCEED THE TOTAL FEES PAID BY YOU TO CASCADE FOR THE SPECIFIC USE OF THE WEBSITE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM UNDER THIS AGREEMENT. CASCADE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITE OR THESE TERMS OF SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You will indemnify and hold Cascade, its directors, officers, employees, agents and licensors harmless with respect to any damage, loss, expense, suit or claim, including attorneys’ fees and costs (collectively, a “Claim”) arising out of (i) your breach of these Terms of Service, including but not limited to, any infringement by you of the intellectual property of any third party; or (ii) any third party Claim arising out of your use or misuse of the Website. If you are required to indemnify Cascade under this section, Cascade will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Cascade’s express written permission.
You may terminate your account for any reason at any time by following the account termination procedures in your account profile or by sending a request to email@example.com. Cascade may suspend, limit your access to, or terminate your use of the Website at any time, with or without cause, in its sole discretion. Notwithstanding this section, these Terms of Service will survive indefinitely unless and until Cascade chooses to terminate these Terms of Service.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to the other party by any of the following methods: (i) U.S. Mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Cascade, you must use the following addresses:JAC Labs, Inc.,
or via email at firstname.lastname@example.org.
If Cascade provides notice to you, Cascade will use the contact information provided by you to Cascade either during the registration process or later account updates. All notices will be deemed received as follows: (i) if by delivery by U.S. Mail, five (5) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other non-delivery notice is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication satisfies the writing requirement.
Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and Cascade specifically agree to do so in writing following initiation of arbitration. This provision is not applicable to the extent such waiver is prohibited by law.
IF YOU DO NOT WISH TO BE BOUND BY THE CLASS ACTION WAIVER OR INDIVIDUAL ARBITRATION PROVISIONS IN THIS SECTION 18, YOU MUST NOTIFY CASCADE IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS THESE TERMS OF SERVICE UNLESS A LONGER PERIOD IS REQUIRED BY LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 23515 NE NOVELTY HILL RD, SUITE B 221 #271, REDMOND, WA 98053, OR SENT TO SUPPORT@CASCADEHQ.com. WITH “ARBITRATION” AS THE SUBJECT LINE AND MUST INCLUDE: (i) YOUR NAME, (ii) YOUR ADDRESS, (iii) YOUR ORGANIZATION’S NAME (iv) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Cascade THROUGH INDIVIDUAL ARBITRATION.
Cascade may use third parties to provide certain services accessible through the Website, such as payment processing. Cascade does not control those third parties and the services provided, and you agree that Cascade will not be liable to you in any way for your use of such services or any charges incurred by you while using such services. These third parties may have their own terms of service and other polices. When you use those services, you must comply with such terms and policies, as well as these Terms of Service. If any such terms or policies conflict with these Terms of Service, or other Cascade agreements or policies, you must comply with these Terms of Service and any other Cascade agreements, or policies, as applicable.
These Terms of Service will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Washington, without reference to conflict of law principles. No failure or delay by a party in exercising any right, power, or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any such right, power, or privilege. You and Cascade are independent entities, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service. The invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision of these Terms of Service, all of which will remain in full force and effect. The headings used throughout these Terms of Service are merely descriptive and not operative and have no legal or contractual effect. These Terms of Service (including all of the policies and other agreements described in these Terms of Service, which are incorporated herein by this reference) contain all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
If you have any comments or questions, you may address them to JAC Labs, Inc., 23515 NE Novelty Hill Rd, Suite B 221 #271, Redmond, WA 98053, or via email at email@example.com.