Effective date: February 14, 2018
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
The Services may incorporate certain features that allow for software and other updates to be implemented in the future, for example, patches, bug fixes, updates, upgrade and other modifications to the Services (collectively “Updates”). These Updates, including any automatic software Updates, will automatically become part of the Caavo Services and are subject to the Terms.
We are constantly trying to improve our Services, so may periodically modify the Terms. We reserve the right to change the Terms at any time, but if we make material changes, we will notify you via the Services, for example, by placing a notice on the Caavo website or by sending you an email.
By continuing to use the Services after any changes hereto you are consenting to the revised Terms. If you don’t agree with the modifications, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.
Except for changes by us as described here, no other waiver, amendment, or modification of the Terms will be effective unless in writing and signed by both you and us.
PLEASE NOTE THAT THE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
2.0 ELIGIBILITY AND ACCOUNTS.
You will be required to sign up for an account, and select a password and user-name (“Caavo User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Caavo User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. The individual who creates the Caavo account is the “Owner.” If another individual accesses the Services or an Owner discloses their log-in credentials to another person, such individual(s) are authorized by the Owner to utilize the Services and are “Authorized User(s).” You (as the Owner of the account) will inform each Authorized User of the Terms and are responsible for all actions taken by Authorized Users, including any violation of the Terms. Accordingly, you must protect the security of your account and password and only share these credentials with individuals you trust.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to the Terms on your behalf).
3.0 PRODUCTS AND PRODUCT SOFTWARE.
a. Product Software License: Subject to and in accordance with the Terms, Caavo grants to you a nonexclusive, limited, non-transferable license (without the right of sublicense), for your personal, non-commercial use (unless otherwise agreed in a separate agreement between you and Caavo) to (a) install and use one copy of the product software and any Updates thereto, in executable object code form only, solely on the Caavo product that you own or control, or are authorized to use and control (your “Product”), and solely for purposes of using your Product, and (b) execute one copy of each of the mobile apps and any Updates thereto per device utilized by you to operate your Product, in executable object code form only, solely on such device and solely for the purpose of operating your Product.
b. Wireless Services: The Services utilize wireless services that may incur extra costs. Such costs are governed by the terms of a separate agreement between you and your selected wireless service provider.
c. Resale: The Services are intended for end users only and are not authorized for resale.
You and your Authorized Users represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Caavo);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Caavo account or anyone else’s;
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) Data mines, scrapes, crawls, or use any robot or other automatic device, script, technology or process that sends automated queries to the website, or uses other similar methods or tools, to gather or extract Content (as defined below) from the Services;
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
5.0 LIMITATIONS OF OFFERINGS.
- Reliability and Availability. Our aim is to make the Services reliable and available, but you acknowledge and agree that they are not guaranteed to be 100% reliable or 100% available. The Services may be subject to interruptions and failures for a variety of reasons that are beyond our control, including interruptions or failures caused by your mobile device, your mobile device carrier, the intermittency of your wireless connection and service provider uptime, etc. You acknowledge these limitations and agree that Caavo is not responsible for any damages caused by failure or delay of the Services.
- Product Requirements.You acknowledge that the Services may not work as described when the compatibility requirements have not been met. Caavo is not responsible for any losses or damages caused by installation and use of the Services that do not meet our compatibility specifications available here.
6.0 OPEN SOURCE SOFTWARE.
Certain items of software included with the Services and mobile Apps are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the Terms. Instead, each item of Open Source Software is licensed under the terms of the applicable end user license that accompanies such Open Source Software. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Caavo makes such Open Source Software, and Caavo’s modifications to that Open Source Software, available here.
7.0 INTELLECTUAL PROPERTY AND CONTENT.
The Services and the materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and all intellectual property and proprietary rights related thereto (collectively, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Caavo’s) rights.
You understand that Caavo owns the Services and all related intellectual property and proprietary rights. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit the Services.
8.0. RESPONSIBILITY FOR CONTENT
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person or entity from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any third parties with whom you interact in using the Services and are not responsible for which users gain access to the Services (including, without limitation, any of your Authorized Users). You are responsible for all activity by you and your Authorized Users in connection with the Services.
9.0 THIRD PARTY SERVICES
Caavo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Caavo will not and cannot monitor, verify, censor or edit the content of any third-party site or service. You understand that by using any of the Services, you may encounter content that you may consider to be offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Caavo shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Caavo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users of the Services, or between users and any third party, you agree that Caavo is under no obligation to become involved. In the event that you have a dispute with one or more third parties, you release Caavo, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
10. LICENSE TO USE OF DEVICE DATA
“Device Data” means any diagnostic, technical, usage and related information, including information about your interactions with Third Party Services. For example, Device Data may include information about the channels and shows that are played through the Services, information about which media device needs to be accessed in order to run a certain application, and information about how a device’s connection to the Services is performing.
You hereby grant to Caavo and its agents a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, share, prepare derivative works of, display, perform, and otherwise fully exploit the Device Data in connection with the Services, and Caavo’s (and its successors’ and assigns’) business purposes, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels (including, without limitation, third party websites and services).
Unless explicitly agreed in writing by Caavo, Caavo has no obligation to maintain Device Data for any specified period of time or to provide you with access to Device Data.
11. UNSOLICITED SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our Services. We request that you be specific in your comments. If you or your Authorized Users send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information, or post comments on any publicly accessible blog or community forum on the Services (collectively, “Submissions”), you and your Authorized Users (as applicable) grant to Caavo a non-exclusive, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to use, copy, modify, publicly display, publicly perform, distribute and otherwise exploit such Submissions. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
Caavo has no liability for any Submissions that are or become unavailable through the Services.
12. DMCA POLICY
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Caavo, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content or Submissions alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
13. MODIFICATIONS TO SERVICES AND CONTENT.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content or Submissions from the Services at any time, for any reason (including, but not limited to, if someone alleges that the Content or Submission was contributed in violation of the Terms), in our sole discretion, and without notice.
Caavo is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of the Terms. Caavo has the sole right to decide whether you are in violation of any of the restrictions set forth in the Terms.
Account termination may result in destruction of any Device Data associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of the Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
15. THIRD PARTY APPLICATIONS (“APPS”)
If you install and access an App that was downloaded from an app store or app distribution platform, such as the Apple App Store® or Google Play™, (the “App Provider”), you acknowledge and agree that:
- The Terms are concluded between you and Caavo only, and not with the App Provider, and that we, not the App Provider, are responsible for the Apps;
- The Apps are licensed to you on a limited, non-exclusive, non-transferable basis, and without the right to sublicense, solely to be used in connection with the Services for your personal, non-commercial use unless otherwise agreed to in a separate agreement between you and Caavo;
- You will only use the Apps in connection with a device that you own or control;
- You acknowledge and agree that the App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;
- In the event of any failure of the Apps to conform to any applicable warranty, including those implied by law, you may notify the App Provider of such failure; upon notification, the App Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that Caavo, and not the App Provider, is responsible for addressing any claims you or any third party may have in relation to the Apps including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- You acknowledge and agree that, in the event of any third party claim that the Apps or your possession and use of the Apps infringe that third party’s intellectual property rights, Caavo, and not the App Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim to the extent required by the Terms;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Caavo acknowledge and agree that, in your use of the Apps, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Caavo acknowledge and agree that the App Provider and its subsidiaries are third party beneficiaries of the Terms, and that upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as the third party beneficiary hereof.
Electronic Communications: You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Warranty Disclaimer.Neither Caavo nor its licensors or suppliers makes any representations or warranties concerning any materials contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Caavo. EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED WARRANTY STATEMENT, THE SERVICES AND CONTENT ARE PROVIDED BY CAAVO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAAVO ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION SET FORTH IN THE LIMITED WARRANTY STATEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CAAVO (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS OR REVENUE, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, LOSS OR DESTRUCTION OF DATA, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CAAVO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity.To the fullest extent allowed by applicable law, You agree to indemnify and hold Caavo, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your or your Authorized User’s use of the Services (including any actions taken by a third party using your account), and (b) your or your Authorized user’s violation of the Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Compliance with Laws.The Services have been designed, marketed, and sold for use by residents of the United States only. All safety warnings, information, instructions, packaging, in-box materials, mobile Apps, and support services are provided only in English. The Services should not be used outside of the United States. You are responsible for ensuring that use of the Services is in compliance with all applicable laws and regulations. Caavo is not responsible or liable if you violate any such law or regulation.
Assignment. You may not assign, delegate or transfer the Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Caavo’s prior written consent. We may transfer, assign, or delegate the Terms and our rights and obligations without consent.
Choice of Law; Arbitration.The Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of the United States and the State of California regardless of your country of origin or where you access the Services. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Caavo’s right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with Caavo and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within 30 days of the day you first access or use the Services.
If you intend to seek arbitration you must first send written notice to Caavo of your intent to arbitrate ("Notice”). The Notice to Caavo should be sent by any of the following means: (i) electronic mail to firstname.lastname@example.org ; or (ii) sending the Notice by U.S. Postal Service certified mail to Caavo Inc - Legal, 1525 McCarthy Blvd., #1182, Milpitas, CA 95035. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, as modified by the Terms. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of the Terms. The arbitration will be conducted in San Francisco, California, using the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Caavo may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND CAAVO EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND CAAVO EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Caavo agree that all claims arising out of or related to the Terms must be resolved exclusively by a state or federal court located Santa Clara County, California, and you and Caavo each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding anything to the contrary, you agree that Caavo shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
General. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Caavo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that the Terms shall otherwise remain in full force and effect and enforceable. You and Caavo agree that the Terms are the complete and exclusive statement of the mutual understanding between you and Caavo, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Caavo, and you do not have any authority of any kind to bind Caavo in any respect whatsoever. Except as expressly set forth in the section above regarding the Third-Party Applications, you and Caavo agree there are no third party beneficiaries intended under the Terms. Caavo shall not be liable to you for a failure or delay in its performance of any of its obligations under these Terms to the extent that such failure or delay is caused by events such as fire, riot, flood, labor disputes, natural disaster, regulatory action, internet or telecommunications failures, terrorist acts, or other causes beyond Caavo’s reasonable control.
Notice and Contact. Any notices given by you under the Terms shall be given in writing or by email and shall be delivered to the following address:
Caavo Inc, 1525 McCarthy Blvd., #1182, Milpitas, CA 95035. Email address: email@example.com
If you would like to contact Caavo customer support, please contact us via email firstname.lastname@example.org.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.