Cassiopae Terms of Use

Cassiopae U.S., Inc. ("Cassiopae") maintains this web site on the Internet with its home page located at the Uniform Resource Locator ("URL") http://www.Cassiopae.com (or any successor or replacement thereto) ("Web Site"). These Terms of Use (this "Agreement") sets forth the terms and conditions of your use of the Web Site. BY USING THE WEB SITE YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE WEB SITE'S PRIVACY POLICY CONTAINED HEREIN AND YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE IS CONDITIONED ON SUCH ACCEPTANCE. If you are dissatisfied with any portion of the information and/or services available on the Web Site, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue your use of the Web Site and the services available on the Web Site.

In this Agreement, "you" and "your" refers to you as a user of the Web Site and services, and "Cassiopae" refers to Cassiopae US, Inc. If you have any questions concerning this Agreement, please contact Cassiopae by e-mail to info@Cassiopae.com.


Modifications

Cassiopae may amend this Agreement at any time by posting an amended Agreement on the Web Site. The effective date of any such amendment will be ten (10) days after it is posted on the Web Site. You should visit this page periodically to review this Agreement, because it is binding on you. Notwithstanding the foregoing, Cassiopae may also add, delete or modify some or all of the services offered on the Web Site at any time in its sole discretion. Certain areas of this Web Site may be subject to additional terms of use.

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Transactions Between You and Third Parties

This Agreement governs your use of the Web Site. Other than as the provider of the Web Site, Cassiopae is not involved in the consummation of transactions between you and a third party whose services or products may, from time to time, be available on or through the Web Site. In the event of any dispute between you and any third party, you hereby release Cassiopae and any of its affiliates, officers, equity holders, directors, employees and agents of Cassiopae or any such affiliate from any claims and damages of any nature (including, without limitation, actual, special, incidental and consequential damages), whether known or unknown, disclosed or undisclosed, arising out of or in any way connected with such dispute. Links to other web sites are provided on the Web Site by EnableUs solely for your convenience. You acknowledge and agree that (a) Cassiopae cannot, will not, and does not, assume any responsibility for the content and services provided by third parties via other web sites, including web sites operated by affiliates of Cassiopae, and (b) your use of such web sites may be subject to the terms of use and/or policies different from the terms and conditions of this Agreement and the Privacy Policy.

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Access to the Website and Services

(a) Physical Connection To Web Site. You are responsible for providing all equipment necessary to access the Internet and the Web Site.

(b) Web Site Availability. While the objective of Cassiopae is to make the Web Site accessible 24 hours per day, 7 days per week, Cassiopae may make the Web Site unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Cassiopae, access to the Web Site may be interrupted, suspended or terminated from time to time. You agree that: (i) Cassiopae shall not be liable for any damages arising from any such interruption, suspension or termination of the Web Site and (ii) you assume the risk of such interruption, suspension or termination of the Web Site.

(c) Applicable Laws. You agree to comply with all applicable local, state, federal, and international laws, statutes, rules and regulations relating to your use of the Web Site. Without limiting the foregoing, you are responsible for observing all applicable laws.

(d) Malicious Intent. You agree not to tamper with the software or functionality of the Web Site. Without limiting the foregoing, you agree not to put any material via the Web Site which contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.

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Intellectual Property and Privacy

All content published on the Web Site by Cassiopae, including, without limitation, any and all proprietary rights thereto, is owned by Cassiopae or Cassiopae's third-party licensor, and such content may not be copied or distributed in any way by you for any purpose. Cassiopae's use of information submitted by you shall be in accordance with the Privacy Policy and the license contained in this Paragraph. You hereby grant to Cassiopae a non exclusive, worldwide, transferable, perpetual, irrevocable, royalty free license to use, in connection with operating and promoting the Web Site, in any media now known or hereafter developed, all information and materials you provide, subject to the terms and conditions of the Privacy Policy. You agree that any information that you submit to Cassiopae via the Web Site or by means of e-mail to Cassiopae may be delivered by Cassiopae to any of its affiliate companies.

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Privacy Policy

By accessing or using the Cassiopae U.S., Inc.("Cassiopae") Web site, the home page of which is located at http://www.Cassiopae.com (the "Web Site"), you agree to the terms of this Privacy Policy, as described below. If you do not agree to these terms, please do not access or use the Web Site. Cassiopae reserves the right to change this Privacy Policy from time to time at its sole discretion. Your use of the Web Site will be subject to the most current version of this Privacy Policy at the time of such use, and to the Web Site's Terms of Use.

Collection

When you engage in certain activities on the Web Site, the Web Site may ask you to provide certain information about yourself by filling out and submitting an on-line form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, the Web Site may ask that you provide personal information, such as your first and last name, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. Depending upon the activity, some of the information that you will be asked to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

When you submit information to Cassiopae via the Web Site, you understand and agree that the information may be transferred across national boundaries and may be stored and processed in any of the countries in which Cassiope and its affiliates and subsidiaries maintain offices, including without limitation, the United States. You also acknowledge that, in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of Cassiopae.

The servers that Cassiope uses to operate the Web Site may collect domain names, IP addresses and email addresses of visitors. This information may be aggregated to measure the number of visits, average time spent on the Web Site, pages viewed, and similar information. Cassiopae may use this information to measure the use of the Web Site and to improve the content of the Web Site or other Web sites operated by Cassiope and/or its affiliates and subsidiaries.

How Information Is Used

Cassiopae collects information to record and support your participation in the activities you select. The information that you provide may also be used as part of an effort by Cassiopae to keep you informed about new products and services, product and services upgrades and modifications, special offers, and other products and services of Cassiopae and selected third parties. Cassiopae reserves the right to compile and use aggregate data, and also to provide such aggregate data to third parties for statistical analysis. Such data will not be linked to any particular individuals or companies. Cassiopae also reserves the right to make any disclosures required by law or any governmental agency.

Use of Cookies

When you visit the Web Site you can browse the Web Site anonymously and access important information without revealing your identity. To improve the Web Site, we may use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web site server and can only be read by the server that gave it to you. It functions as your identification card, recording your passwords, purchases, and preferences. A cookie may be used to provide to you tailored information.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.

While the Web Site may use cookies to track your visit to the Web Site and the Web Site servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Cassiopae with personal information.

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Termination
Cassiopae may terminate your access to the Web Site at any time, for any reason or no reason, and you shall have no recourse, and Cassiopae shall have no liability, with respect to any such termination. This Agreement shall automatically terminate upon your breach of any of the terms of this Agreement, or upon the termination by Cassiopae of your access to the Web Site. All provisions of this Agreement relating to warranties, confidentiality obligations of Members, proprietary rights, limitation of liability, indemnification obligations and payment obligations shall survive the termination of this Agreement.

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Relationship of the Parties

You and Cassiopae are independent contractors, and no agency, partnership, joint venture, employer employee or other similar relationship is intended or created by your use of the Web Site.

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Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws provisions.

Disclaimer of Warranty

YOU HEREBY ACKNOWLEDGE AND AGREE THAT CASSIOPAE PROVIDES THE WEB SITE AND SERVICES AVAILABLE ON THE WEB SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. CASSIOPAE HAS NO OBLIGATION TO MONITOR THE CONTENT ON THE WEB SITE OR THE LINKS TO OTHER WEB SITES AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OF CASSIOPAE TO FILTER ANY SUCH CONTENT, AND IN NO EVENT SHALL CASSIOPAE BE LIABLE FOR ANY CONTENT, SERVICES, PRODUCTS OR ACTIONS TAKEN BY THIRD PARTIES LINKED FROM THE WEB SITE. WITHOUT LIMITING THE FOREGOING, CASSIOPAE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT, (B) THAT ACCESS TO THE WEB SITE AND SERVICES AVAILABLE ON THE WEB SITE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR FREE, (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY WITH WHOM YOU MAY ELECT TO CONDUCT BUSINESS AFTER AN INTRODUCTION TO SUCH THIRD PARTY BY CASSIOPAE ON THE WEB SITE, AND WHETHER YOU SHOULD CONDUCT BUSINESS WITH SUCH THIRD PARTY, AND (F) AS TO THE ACCURACY OF POSTINGS MADE ON THE WEB SITE.

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Limitation of Liability

YOU AGREE THAT NEITHER CASSIOPAE, NOR ANY OF ITS AFFILIATES, NOR ANY OFFICER, DIRECTOR, EQUITY HOLDER, AGENT OR EMPLOYEE OF CASSIOPAE OR ANY SUCH AFFILIATE WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. IN ALL EVENTS, CASSIOPAE SHALL NOT HAVE ANY LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS BY YOU OR ANY THIRD PARTIES OR AS THE RESULT OF ANY OUTAGES OR NON-AVAILABILITY OF THE WEB SITE OR ANY OF THE SERVICES AVAILABLE ON THE WEB SITE.

All provisions of this Agreement relating to warranties, confidentiality obligations of Members, proprietary rights, limitation of liability, indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless Cassiopae and any of its affiliates, and officers, directors, equity holders, agents and employees of Cassiopae or any such affiliate with respect to any claim, demand, cause of action, debt, judgment or liability, including reasonable attorneys' fees, to the extent that it is based upon a claim that: (a) arises out of or in relation to your use of the Web Site and is not caused by the gross negligence or conduct of Cassiopae; (b) if true, would constitute a breach of any of your representations, warranties, obligations or other agreements hereunder; or (c) arises out of your negligence, willful misconduct, or abandonment. Cassiopae may, at its discretion and at its own expense, assist in the defense of any indemnified claim through counsel selected by Cassiopae. In no event shall you have authority to bind Cassiopae to any settlement of any claim or with respect to any other matter.

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Other General Provisions

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. Headings are for reference only. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Cassiopae nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. To the extent that approval, consent or waiver by Cassiopae is required under any provision of this Agreement, such approval, consent or waiver may be granted or withheld at the sole and absolute discretion of Cassiopae. You may not assign or transfer to third parties any of your rights or obligations under this Agreement without prior written permission from Cassiopae.

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