Terms of Service

Last Revised: February 11, 2018

Thank you for choosing to work with Cazenovia West, LLC, a company registered in the State of Nevada in the United States (“Cazenovia West,” “CazWest,” “we,” “us,” or “our”) providing data collection, analysis, and reporting services.

This document explains the terms by which you may use Cazenovia West's online and/or mobile services, features, applications, website, and software provided on or in connection with the service (collectively the "Service"). The Service allows authorized users to easily collect, analyze, and interpret aggregated client data for the purposes of program design, program monitoring, and program evaluation.

This Terms of Service Agreement (the "Terms") represents the agreement between you and Cazenovia West and sets forth the terms and conditions under which you may access and use the Service. The Terms apply to all visitors, authorized users, and others who access the Service ("Users"). Your use of the Service indicates that you accept these Terms and to the collection and use of your information as set forth in Cazenovia West’s Privacy and Confidentiality Policy. If you do not accept these Terms, do not use the Service.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

You may use the Service only if you can form a binding service agreement with Cazenovia West, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Cazenovia West.

It is important for you to review these Terms and Cazenovia West's Privacy and Confidentiality Policy periodically as we may modify them at any time at our sole discretion. You agree that such modifications are effective and binding upon you immediately upon your use of the Service following the Effective date of the modified version.

References in these Terms to "we", "us" or "our" shall mean Cazenovia West; references to "User" shall mean anyone who visits, uses, or otherwise accesses the Service, including you; references to "End-user" shall mean any member of the public who sends or receives an SMS, MMS, phone call, or email via Cazenovia West; and references to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these Terms, all of whom shall also be bound by these Terms.

 

1. General

1.1 Authorized Access. You may not access the Service or any functionality provided through the Service if you have not been provided with subscription information or a service agreement by CazWest or another entity authorized to grant access to the Service.

1.2 Separate Agreements. If you are an employee of an entity that provides access to the Service through a separate agreement with us, you agree to comply with all relevant policies and procedures of your employer with regard to the access and use of the Service as well as our agreement with such entity.

1.3 Use of Third-Party Information and Services. You understand that the Service provides you with the ability to collect, analyze, and report data that may relay third-party information or interface with third-party services (collectively, "Third-Party Information and Services") and that you are solely responsible for your use of any such Third-Party Information and Services and any such information that you intentionally or unintentionally communicate to others. You agree and covenant to obtain all rights from owners of Third-Party Information and Services necessary for you to use such Third-Party Information and Services.

1.4 Applicable Laws. You agree to comply with all applicable laws, rules, and regulations of the United States of America in connection with your use of the Service and the handling and use of any information accessed or utilized by you via the Service. If you are located outside of the United States of America, you also agree to comply with any and all such laws, rules, and regulations of the country, state or territory in which you are located. CazWest will make good faith efforts to support compliance with any and all such laws, rules, and regulations of the country, state, or territory in which you are located.

1.5 CazWest access to User information. You acknowledge, consent and agree that we may access, preserve and disclose your account information, including records regarding your use of the Service and records of content submitted or accessed by you, if requested to do so by the entity that provided your User identification or if we have a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to any claim that any content violates third-party rights; (iv) respond to User requests for customer service; or (v) protect the rights, property or personal safety of CazWest, its Users and the public.

1.6 Modifications to Terms. We reserve the right to modify these Terms at any time without notice to you. When we change the Terms in a material manner, we will update the "Updated" date and "Effective" date at the top of this page. We may provide you additional forms of notice of modifications or updates as deemed appropriate in our sole discretion. You agree that such modifications are effective and binding upon you immediately upon your use of the Service following the Effective date of the modified version.

1.7 Prohibited Activities. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to CazWest's servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, except by using CazWest's application programming interface (API); (iii) interfering with the proper working of the Service; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (x) using any method to intercept or expropriate any system data or information from the Service without the express written permission of CazWest.

 

2. License Grant

Subject to the terms and conditions set forth in these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. CazWest reserves all rights not expressly granted herein in the Service and the CazWest Content (as defined below). CazWest may terminate this license at any time for any reason or no reason.

 

3. Restrictions on Use of the Service

You agree to not use the Service to:

3.1 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

3.2 harm minors in any way;

3.3 link, upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law, or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or confidential medical information);

3.4 link, upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party without such party's authorization;

3.5 link, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

3.6 link, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, viruses, malware, bots, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

3.7 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

3.8 intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

 

4. User Provided Information

4.1    Definition; Ownership. CazWest supports the collection of individual and aggregated client data and perspectives through the Service ("User Provided Information"), and the hosting, transmission, sharing, display and/or analysis of such User Provided Information. User Provided Information may include, for example, datasets of anonymized and aggregated client data and text messages transmitted through your User account.

Generally, User Provided Information transmitted through the Service is only available to those with whom you choose to share such User Provided Information. CazWest will use its commercially reasonable efforts to apply User Permissions. However, CazWest does not guarantee that User Permissions will always be applied, or that your User Provided Information will be kept secure from viewing by others, or from damage or loss.

CazWest takes no responsibility and assumes no liability for any User Provided Information that you, any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Provided Information that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service is solely your responsibility.

If you want CazWest to remove your User Provided Information from the Service, please submit a request to cazenovia.west@gmail.com. However, any User Provided Information you have made public or shared with other Users may have already been copied or forwarded by other Users, making recovery impossible. CazWest is not responsible for any public display or misuse of your User Provided Information. You understand that whether or not such User Provided Information is displayed, CazWest does not guarantee any confidentiality with respect to any User Provided Information.

We claim no ownership rights over User Provided Information created by you. The User Provided Information you create remains yours; however, by sharing User Provided Information through the Service, you agree to allow others to view, edit, and/or share your User Provided Information in accordance with your settings and these Terms. CazWest has the right (but not the obligation) in its sole discretion to remove any User Provided Information that is shared via the Service.

4.2 License Grant to CazWest. By submitting User Provided Information to the Service, you hereby grant to CazWest a worldwide, non-exclusive, sublicensable, transferable, perpetual, irrevocable, fully paid-up, and royalty-free license to use, host, display, reproduce, modify, transmit, edit, translate and analyze your User Provided Information within the Service in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of the Service, improving the way the Service works and looks, and to create new features and functionality, including without limitation the right to use information derived from your User Provided Information on an aggregated basis in order to statistically analyze Service usage. This license does not grant CazWest the right to use your User Provided Information for any other commercial purposes.

4.3    Required Rights. You shall be solely responsible for your own User Provided Information and the consequences of posting or publishing it. In connection with User Provided Information, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize CazWest and CazWest's Users to use the User Provided Information uploaded by you as necessary to exercise the licenses granted by you in this Section 4, and otherwise in the manner contemplated by CazWest and these Terms.

4.4 User Provided Information Representations. You agree not to submit User Provided Information that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Provided Information that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. You further agree that you have the written consent of each and every identifiable natural person in the User Provided Information to use such person's name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use. CazWest reserves the right, but is not obligated, to reject and/or remove any User Provided Information that Telerivet believes, in its sole discretion, violates these provisions.

4.5    User Provided Information Disclaimer. You understand that when using the Service you may be exposed to User Provided Information from a variety of sources, and that CazWest is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Provided Information. You further understand and acknowledge that you may be exposed to User Provided Information that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CazWest with respect thereto, and agree to indemnify and hold CazWest, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of User Provided Information.

CazWest does not endorse any User Provided Information or any opinion, recommendation or advice expressed therein or based upon such User Provided Information, and expressly disclaims any and all liability in connection with User Provided Information. If notified by a User or a content owner of User Provided Information that allegedly does not conform to these Terms, CazWest may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Provided Information, which it reserves the right to do at any time. CazWest does not permit copyright infringing activities on the Service.

 

5. Security

While we use commercially reasonable security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Service, information will be transmitted over a medium that is beyond our control.

YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURES, INTENTIONAL INTRUSION, OR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE.

 

6. Discontinuation and Suspension of the Service

If your access to the Service was granted by another User, you may discontinue use of the Service at any time by sending a message requesting this change to the User(s) that granted your access to the Service. We are not responsible for canceling your use of the Service.

If your access to the Service was not granted by another User, you may discontinue use of the Service at any time by deleting any and all payment instructions you have previously stored on the Service, deleting any and all projects you have created on the Service, and contacting us at cazenovia.west@gmail.com to request that your User account be deleted.

We reserve the right, for any reason, at our sole discretion and without notice to you, to add to, change, suspend or discontinue any aspect of the Service, and we will not be liable to you or to any third party for doing so. CazWest may periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur.

CazWest shall have no liability whatsoever for (i) the resulting unavailability of the Service, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, or nondelivery of information caused by system outages, or (iv) any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Service.

 

7. Suspension or Termination of Access

If we believe you have violated these Terms or otherwise abused the use of this Service, we reserve the right, at our sole discretion, to suspend or discontinue your access to and use of the Service.

 

8. Communications

You acknowledge that you are solely responsible for the use of electronic mail and Short Message Service (SMS) in connection with the Service. You represent and warrant that you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in your use of the Service.

 

9. Information and Services

The Service may contain Third-Party Information and Services and involve integrations with or links to Third-Party Information and Services, as well as information and services created by Users for End-users. We do not control any such information and services and we are not responsible for their content or performance, or your use of or access to any such content. We do not operate, control or endorse any information, products or services provided by third parties, including without limitation Third-Party Information and Services. Any use of Third-Party Information and Services is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are solely responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other services.

WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, TRANSACTIONS BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS.

 

10. Payment Terms

10.1    Billing Policies. You are responsible for paying any applicable setup, monthly, and consulting fees, which we may update from time to time. CazWest may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective at the time you next submit payment to CazWest following notice of such change to you as provided in these Terms. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, you may cancel your subscription or agreement. Such cancellations will go into effect 15 days after a request is made.

10.2      No Refunds. You may cancel your CazWest account at any time; however, there are no refunds for cancellation and all outstanding invoices must be paid. In the event that CazWest suspends or terminates your agreement or this these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Notwithstanding the foregoing, funds added to your CazWest account via credit/debit card in error may be refunded to the original credit/debit card, at CazWest’s sole discretion, by submitting a written request via email to cazenovia.west@gmail.com together with the original invoice and a full explanation of the error within forty-five (45) days of the original payment.

10.3    Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. All payments through the Service are processed using a third-party payment processor. You acknowledge that CazWest is not liable for any breaches of credit card or debit card security or privacy.

10.4    Subscription Renewals. If you enable the "Auto-Refill" feature for your account, your service plan subscription will be automatically renewed and your credit card account (or other payment method account) will be charged when your account balance reaches the minimum balance that you specify.

10.5    Subscription Cancellations. To suspend automatic renewals of your service plan subscription, and avoid further automatic charges to your payment method, simply disable the "Auto-Refill" feature on the Billing page for your CazWest account.

10.6    Disputes. All disputes regarding any fees paid to CazWest must be emailed to cazenovia.west@gmail.com within 45 (forty-five) days of original payment together with an original invoice and a full explanation of the dispute.

 

11. No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAZWEST OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CAZWEST, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

CAZWEST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CAZWEST SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CAZWEST WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAZWEST, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL CAZWEST BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAZWEST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING THIRD PARTY CONTENT) POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER-PROVIDED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CAZWEST, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CAZWEST HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAZWEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled from facilities in the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

 

13. Indemnity

13.1 General. You covenant and agree to indemnify, defend and hold harmless Cazenovia West, LLC and its subsidiaries, affiliates, officers, directors, agents, managers, employees, contractors, partners and licensors from and against any and all claims, actions and demands (including all attorneys' fees, costs, debts, expenses, liabilities, damages and judgments arising from or related thereto) made by any third party related to or arising out of: (i) Third-Party Information or Services; (ii) User-created information or services, and content that you link, submit, post, transmit or otherwise make available through the Service or is otherwise submitted through your account; (iii) your use of or access to the Service; (iv) your connection to the Service; (v) your violation of these Terms, or your violation of any law or the rights of another, including without limitation any intellectual property rights or rights of privacy or publicity.

13.2 Costs Incurred via Mobile Networks or Third-Party Services. In addition without limiting anything contained in this Section 12, CazWest, is not responsible and shall not pay any costs relating to obtaining or maintaining telephones, or any credit for sending messages by means of a mobile network or other third-party services (e.g. "Twilio"). You and any user of your services are responsible for paying all of these costs and maintaining your telephones and any accounts with third-party services, and you agree to indemnify CazWest for any costs or fees associated with such services, accounts or telephone lines.

 

14. Privacy

CazWest's Privacy and Confidentiality Policy applicable to the Service is available upon request by emailing cazenovia.west@gmail.com, and is incorporated into these Terms. Alternatively, you may access the Privacy and Confidentiality Policy at this link.
 

15. Governing Law and Arbitration

15.1    Governing Law. You agree that: (i) the Service shall be deemed solely based in Nevada; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over CazWest, either specific or general, in jurisdictions other than Nevada. These Terms shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Clark County, Nevada for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

15.2    Arbitration. For any dispute with CazWest, you agree to first contact us at cazenovia.west@gmail.com and attempt to resolve the dispute with us informally. In the unlikely event that CazWest has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any CazWest claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Clark County, Nevada, unless you and CazWest agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CAZWEST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

16. Miscellaneous

16.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CazWest without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

16.2 Entire Agreement. These Terms (including the Privacy Policy) constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us with respect to the Service.

16.3 Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

16.4 International Use. If you choose to use the Service outside of the United States, you will be solely responsible for any violations of local laws and regulations resulting from such use, including those governing online conduct and Content transmissions.

16.5 Notifications. CazWest may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by CazWest in our sole discretion. CazWest reserves the right to determine the form and means of providing notifications to our Users.

If you have any questions concerning these Terms, or if you would like to contact us for any other reason, please email us at cazenovia.west@gmail.com.