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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
USING THE SITE
Welcome to the Cachet Solutions web site. Cachet Solutions,
LLC and its affiliates (“Cachet Solutions”) hereby provide you
(“You” or “User”) with access to this Internet site and all
related or linked Cachet Solutions sites (individually or
collectively, “Site”) subject to your acceptance and
compliance with the General Terms and Conditions set forth
below, as amended (“Terms”). By accessing and using the Site,
You agree to these Terms and further agree that, once
accepted, the Terms constitute a binding agreement
(“Agreement”) between You and Cachet Solutions governing your
use of the Site. If you do not agree with the Agreement or its
Terms you should not use the Site or download any materials
from it.
Ownership of Content
All content (e.g., textual, graphical and otherwise) appearing
on this Site, unless otherwise noted, is the property of
Cachet Solutions, LLC and/or its affiliates, 4065 Commercial
Ave., Northbrook, IL 60062 U.S.A. All Rights Reserved.
Private, Non-Commercial Use of Content
You may view, copy, print and use the content contained on
this Site solely for your own personal use provided that: the
content is used for non-commercial purposes only; the content
is not modified in any way; and no graphics available from the
Site are used, copied or distributed separately from
accompanying text.
No License
Your use of the Site does not include any express or implied
license or other right to use any patent, copyright,
trademark, trade secret or any other type of intellectual
property located herein.
No Endorsement
Reference to any third party product, process, publication,
service, trademark or the like does not necessarily constitute
or imply, and should not be construed as, an endorsement or
recommendation by Cachet Solutions.
International Scope and Disclaimer
The Site may be accessed by users internationally and may
contain references to Cachet Solutions products, programs and
services that are not available or that are prohibited in a
your country or jurisdiction. Such references do not imply
that Cachet Solutions intends to make these products, programs
and services available in your country or jurisdiction or that
such products, programs and services may be lawfully be used
there.
Non-Confidentiality of Submitted Information
You should not transmit any information through the Site that
you consider confidential or proprietary. Any information that
you do transmit through the Site (including concepts, ideas,
know-how or suggestions) will be considered non-confidential
and non-proprietary and Cachet Solutions shall have the
unrestricted right to use such information for any purpose.
Privacy Statement
Access to the Site is monitored. The requesting URLs, the
computer originating the request, and the time of the request
are logged for access statistics and security purposes. Use of
the Site constitutes consent to such monitoring.
We may collect and use personal information you provide us to
market products and services we think would be of interest to
you, or to communicate with you for other purposes. If you do
not wish to receive communications of this nature from us
please, let us know the context you provided your personal
information and we will make a reasonable effort to correct
the database in a way that you will not receive communications
from us.
Cookies
When you use the Site we may store information (commonly
referred to as a “Cookie”) on your computer. Cookies allow us
to recognize you when you use the Site on subsequent visits.
You can erase or block the storage of Cookies from your
computer if you wish. See your computer user manual for
information on blocking Cookies.
Site Availability Disclaimer
The Site may be unavailable from time to time due to: routine
or emergency maintenance; electronic, hardware, mechanical,
software, telecommunication, or third-party vendor failure; or
for other reasons either within or beyond Cachet Solutions’
control. Cachet Solutions shall not be held responsible for
any such Site unavailability or downtime.
No Warranty
Reasonable efforts are taken to ensure the accuracy and
integrity of information posted on the Site. This information
may be removed or changed without notice. Cachet Solutions
shall not be responsible for misprints; out-of-date or
incorrect information; technical or pricing inaccuracies;
typographical errors; or any other errors appearing on the
Site. The Site, and all information posted on it, is provided
"as is." Cachet Solutions makes no representation or warranty
whatsoever regarding the accuracy, adequacy, availability,
completeness, content, functionality, operation or suitability
of the Site or the information posted on it. The use of this
Site neither creates, expands upon, removes or reduces any
representations and warranties regarding any products or
services purchased through the Site. By using the Site, you
assume the risk that the information on the Site may be
inaccurate, incomplete, out-of-date, or may not meet your
needs and requirements. CACHET SOLUTIONS SPECIFICALLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO
THIS SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED
HEREIN.
Limitation of Liability
IN NO EVENT SHALL CACHET SOLUTIONS OR ITS AFFILIATES BE LIABLE
TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES OR LOSSES OF ANY KIND RELATING TO
THIS AGREEMENT OR THE USE OF THIS SITE, INCLUDING BUT NOT
LIMITED TO, CLAIMS ARISING FROM BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR
STRICT LIABILITY), INTELLECTUAL PROPERTY INFRINGEMENT OR ANY
OTHER THEORY OF LIABILITY.
If you become dissatisfied with the Site, with any Term
herein, or with any policies or practices of Cachet Solutions
in operating the Site, your sole remedy is to discontinue
using this Site.
Copyright and Trademark
All content (e.g., textual, graphical and otherwise) appearing
on this Site, along with the software used on the Site, is
protected by the laws of the United States of America,
including its Copyright Laws. The laws of foreign
jurisdictions may also be applicable. Neither the content or
the software may be used by You without the express written
consent of Cachet Solutions.
The trademarks, logos, and service marks displayed on the Site
are either owned by Cachet Solutions or used with the
permission of a third party. They are protected by the laws of
the United States of America including its Trademark Laws. The
laws of foreign jurisdictions may also be applicable. No
trademark, logo or service mark depicted on the Site may be
used by You without the express written consent of Cachet
Solutions.
Hyperlinks
The Site has links to third party sites for the convenience of
Internet users. When You link to another site, be advised that
you are no longer on our Site and that you become subject to
the terms and conditions and the privacy policy of the new
site. Cachet Solutions is not responsible for the availability
or content of any third party site nor does Cachet Solutions,
unless specifically stated otherwise, endorse, warrant or
guarantee the products, services or information posted or
offered on any third party site.
Site Security
Any attempts by you to breach the security of the Site may
result in civil and criminal penalties. Violations of the
security of the Site include: attempting to scan or test the
vulnerability of any system or subsystem; hacking; and/or
transmitting viruses, Trojan horses, worms, time bombs,
cancelbots, spam or bulk e-mail and/or other computer
programming with the intent to damage, destroy or disrupt the
functionality of this Site.
While we may monitor chat groups, discussion groups or
bulletin boards that may be associated with the Site, we take
no responsibility and assume no liability for the content of
those chat groups, discussion groups or bulletin boards or for
any mistakes, defamation, libel, slander, omissions,
falsehoods, obscenity, pornography, or profanity that might be
encountered on them.
We reserve the right to suspend or terminate your access to
the Site upon a violation, or attempted violation of this
Agreement or its Terms.
Miscellaneous Provisions
Changes to the Terms. We may change any of the Terms on this
Site at any time and for any reason, with or without notice.
By using this Site, you agree to the Terms in effect at the
time of your Site visit.
Compliance with Laws. The Parties agree to comply with all
applicable international, federal, state, local or other laws,
statutes, ordinances and regulations as they affect their
respective obligations hereunder.
Dispute Resolution and Applicable Law.
This Agreement shall be
governed by and construed in accordance with the laws of the
State of Illinois, excluding conflicts of law rules which
would apply the law of a different jurisdiction. Any legal
action, suit, or proceeding with respect to this Agreement
shall be brought exclusively in federal or state court in Cook
County, Illinois and both You and Cachet Solutions hereby
consent to the jurisdiction of said court for all matters that
arise under this Agreement.
Entire Agreement. This Agreement comprises the complete and
final agreement between You and Cachet Solutions regarding the
use of the site. When using the site, you represent that you
have not relied on any previous representations, whether
express or implied, oral or written, or any previous
inducement or agreement of any nature. All prior agreements,
representations, terms or conditions regarding the use of the
site are canceled and superseded by this Agreement. No
amendments or modifications of the terms and conditions of
this Agreement shall be binding upon Cachet Solutions unless
or until reduced to writing by Cachet Solutions and placed on
the site.
Equitable Relief. User agrees that if any term, condition,
obligation or restriction in this Agreement is breached and
that the damages to Cachet Solutions are difficult or
impossible to ascertain or quantify, Cachet Solutions shall,
in addition to any other remedies which it may have under law,
be entitled to injunctive or other equitable relief.
Severability. If any provision of this Agreement is held
invalid or inoperative, the other provisions of this Agreement
shall be deemed valid and operative and, so far as is
reasonable and possible, effect shall be given to the intent
manifested by the provision held invalid or inoperative. In
the event that any court of competent jurisdiction shall
determine that any provision of this Agreement or the
application thereof is unenforceable because of the duration
or scope thereof, You and Cachet Solutions agree that said
court in making such determination shall have the power to
reduce the duration and scope of such provision to the extent
necessary to make it enforceable, and that the Agreement in
its reduced form shall be valid and enforceable to the full
extent permitted by law.
Waiver. No course of dealing and no failure to act on any
incident of breach under this Agreement shall be construed
against Cachet Solutions as a waiver of its right to act in
the future. The waiver of any breach of any term or condition
in this Agreement shall not be construed as a waiver of any
subsequent breach of the same or any other term or condition.
Any failure by Cachet Solutions to enforce its rights or any
failure to seek remedies for any breach of this Agreement will
not prejudice Cachet Solutions’ rights or available remedies
for any subsequent breach by You. |
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