Terms and Conditions
Effective February 21, 2020
These Terms and Conditions are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with the Agreement. We may update this Agreement at any time. If we do so, we will let you know by posting the amended terms on the Site or by email and such terms shall be effective for all use of the Site once they are posted. Your continued access of the Site and/or use of the services provided through the Site following the posting of any additional or different terms in the Terms and Conditions constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Site at any time.
THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAINS A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
If you violate any of these Terms and Conditions, or otherwise violate an agreement between you and us, do not follow instructions regarding the proper implementation of the Site, or for any other reason, we may terminate your registration for an account on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in our sole discretion. You agree that we will not be liable to you or to any third party for any termination of your right to use the Site.
- Online Orders
- Payment Terms
- Shipping Information
- Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability:
(b) NO WARRANTY AND COMPANY’S DISCLAIMERS: We do not manufacture any of the goods or services offered on our Site; we only direct the manufacturer for their substantial design. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including, without limitation, any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise).
(c) LIABILITY CAP: UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
General Site Usage
- Collection of Data
- Intellectual Property
Unless otherwise noted, all materials, including, but not limited to, software, graphics, images, illustrations, designs, sound recordings, audiovisual works, icons, photographs, video clips, and written and other materials that appear as part of the Site or the products themselves (collectively, the “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Cadence. Unauthorized use of the Content may violate copyright, trademark, and other laws. The Content, and the Site, as a whole, are intended solely for personal, non-commercial use by the Users of the Site. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You may download or copy the Content and other downloadable materials displayed on the Site for your personal, non-commercial, use only. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not sell, public, transmit, transfer, assign, license, sublicense, or modify the Content or reproduce (except as noted above), display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Cadence (the “Cadence Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Cadence. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Cadence Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Cadence Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
- Content of Site
We undertake no obligation to update, amend or clarify information on the Site. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.
- Prohibited Conduct
You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and Conditions and any applicable law, rules or regulations. You may not:
- use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site;
- attempt to gain unauthorized access to the Site, or the computer systems or networks connected to the Site through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- upload, post, email or transmit, or otherwise make available through the Site any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- interfere or attempt to interfere with the proper working of the Site;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);
- use the Site for any commercial purpose whatsoever other than for your personal use
- encourage or enable any other individual to do any of the foregoing
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site;
- Warranty, Disclaimer, and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
- Limitation on Liability
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- External sites; Third-party vendors
- Compliance with applicable laws
- Digital Millennium Copyright Act
Cadence respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Keep Your Cadence Inc.
3537 36th Street
Astoria NY 11106
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Controlling Law
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
- CLASS ACTION WAIVER
You agree that any dispute or proceeding shall be limited between us and you individually. To the full extent permitted by law, (i) no litigation or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be litigated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. TO THE EXTENT LEGALLY PERMISSIBLE, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Equitable Relief
- Communication with us.
Copyright 2020 Keep Your Cadence, Inc. All rights reserved.
WHAT INFORMATION DO WE COLLECT?The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.
IP ADDRESS INFORMATION AND OTHER INFORMATION COLLECTED AUTOMATICALLY:We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).
Generally, the Services may automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
EMAIL COMMUNICATIONS:We may receive a confirmation when you open an email from us. We may use this confirmation to improve our customer service.
Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Services.
INFORMATION RELATED TO ADVERTISING AND THE USE OF WEB BEACONS:To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.
Advertisements served through the Services may be targeted to users who fit a certain general profile category may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.
To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
AGGREGATE INFORMATION:We may collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information may be derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, or your web browser.
HOW, AND WITH WHOM, IS MY INFORMATION SHARED?Certain of Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties.
PUBLIC INFORMATION ABOUT YOUR ACTIVITY ON THE SERVICES:Some of your activity on and through the Services is public by default. This may include, but is not limited to, written comments you have posted on the Site or otherwise through the Services.
Such information may be publicly associated with the username you provided when posting such comments.
Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available.
Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
AGGREGATE INFORMATION:We may share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We may share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
FINANCIAL INFORMATION:As stated above, we do not currently collect financial information, as that information is collected and stored by our Payment Processor. However, we may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
INFORMATION SHARED WITH OUR AGENTS:We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
INFORMATION DISCLOSED PURSUANT TO BUSINESS TRANSFERS:In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
INFORMATION DISCLOSED FOR OUR PROTECTION AND THE PROTECTION OF OTHERS:We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
INFORMATION WE SHARE WITH YOUR CONSENT:Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
IS INFORMATION ABOUT ME SECURE?We otherwise store all of our information, including your IP address information as well as email addresses you provide us in order to post written comments or to subscribe to the newsletter, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
WHAT CHOICES DO I HAVE REGARDING MY INFORMATION?You can use some of the features of the Services without registering or providing any Personal Information, thereby limiting the type of information that we collect.
You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.
You can easily unsubscribe from the newsletter at any time through following the instructions in the Services.