Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
Welcome to www.cabbacis.com (the “Site”), which is owned and operated by Cabbacis LLC (“Cabbacis”). By using this Site, you agree to comply with and be bound by the following terms and conditions of use (“Terms of Use”). If you do not agree to these Terms of Use, we do not authorize you to use the Site and you should leave the Site immediately.
References to “Cabbacis,” “Company,” “we,” “our” or “us” shall refer to Cabbacis LLC, along with its members, directors, officers, employees, and any of its related or affiliated entities, licensors or licensees. References to “you” and “your” shall refer to any party who accesses or uses this Site.
Please carefully review this Terms of Use and our Privacy Policy provided at cabbacis.com/privacy-policy. We may, in our sole discretion, modify or update these Terms of Use from time to time without prior notice to you, and you agree to be bound by all such modifications and updates. We may also modify, add to, delete, and/or discontinue any or all parts of the Site without prior notice. It is your responsibility to check our Site periodically for changes. Your continued use of the Site following any modification or update to the Site or the Terms of Use means you accept any changes made.
Intellectual Property and Ownership
This Site and all content on this Site, including, without limitation, trademarks, service marks, text, graphics, icons, images, videos, html code, and the overall appearance of this Site are the exclusive property of Cabbacis or its licensor(s) (if any), and are protected by federal, state, and international copyright and trademark laws. You shall not modify, copy, reproduce, republish, upload, post, transmit, sell, distribute, make any derivative work from, or otherwise use, in any form or manner, this Site or the content thereof, without first obtaining the express prior written consent of Cabbacis to do so. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
User Conduct
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You acknowledge and agree that we may access, preserve and disclose your personal information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to your requests for information or customer service; or (d) protect the rights, property or personal safety of Cabbacis, its users and the public. You agree to not use the Site (a) to attempt to gain unauthorized access to the Site or computer systems and networks connected to the Site; (b) in any way that is unlawful, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, libelous, invasive of another’s privacy, or otherwise objectionable; (c) in a way that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or (d) to intentionally or unintentionally violate any applicable local, state, national or international law.
Do Not Rely Statement
Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Cabbacis. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
Ownership, Copyrights, Trademarks, Licenses
We own and retain all proprietary rights to the Cabbacis Site, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Cabbacis or the Site.
No Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL INFORMATION DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE.” WE ARE NOT RESPONSIBLE FOR THE UNAVAILABILITY OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SPECIFICALLY, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT (A) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (D) THAT THE QUALITY, OPERATION, OR FUNCTIONALITY OF THE SITE WILL MEET YOUR REQUIREMENTS. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
IN NO CASE SHALL CABBACIS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, OR SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR ACCESSING THIS SITE, OR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CABBACIS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES”), HARMLESS FROM OR IN ANY WAY RELATED TO (A) YOUR USE OF THE SITE’S CONTENT, PRODUCTS, OR SERVICES OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE; (B) ANY BREACH OF THESE TERMS OF USE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE; AND/OR (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, FINES, PENALTIES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.
Scheduled Downtime
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Site for indefinite periods of time. You expressly agree that your use of, or inability to use, the Site is at your sole risk.
Termination
We reserve the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. We further reserve the right to, without prior notice, temporarily or indefinitely suspend you from use of the Site. You acknowledge and agree that all of the legal rights, obligations, and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force), or which are expressed to continue indefinitely, shall be unaffected by these Company actions, and the provisions of the Terms of Use that by their nature would survive its termination shall survive indefinitely.
Links
From time to time, the Site may contain links or other references to third-party websites, which are not controlled by the Company, its suppliers, licensors or agents. By providing links to other websites, Cabbacis does not guarantee, approve or endorse the information, products or services available at these websites. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third-party website. If you decide to access other third-party websites, you do so at your own risk and all rules, policies (including privacy policies) and operating procedures of such website will apply to you while on such website.
Waiver
No waiver of a breach of any term of the Terms of Use will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of the Terms of Use. No failure on the part of a party to exercise, and no delay in exercising, any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of the Terms of Use or the rights or obligations of any party hereunder.
Entire Agreement; Headings
The Terms of Use contain the entire understanding of the parties with respect to the transactions contemplated and supersedes any prior agreements or understandings among the parties with respect to the subject matter hereof. These Terms of Use may only be amended by a written document signed by all parties. There are no representations, warranties, or obligations of any party not expressly contained herein. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
Assignment
You may not assign your rights under these Terms of Use, but we may assign our rights in these Terms of Use without restriction.
No Third-Party Beneficiaries
Except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
Governing Law and Dispute Resolution
The Terms of Use will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. In the event that any legal proceedings are commenced with respect to any matter arising under these Terms of Use, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Erie County, New York and/or the U.S. District Court for the Western District of New York. Additionally, the party that loses any such proceeding will pay all costs and expenses incurred by the other party(s) in connection therewith, including all attorneys’ and other professional fees and expenses.
No Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Company’s Services.
Partial Invalidity
If any provision of the Terms of Use is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of the Terms of Use will not affect its other provisions and the Terms of Use will be construed in all respects as if the invalid or unenforceable provision were omitted.
Terms and Conditions of Use Violations
If you have any questions regarding these Terms of Use, or if you wish to report any violations of these Terms of Use, please contact us through our “Contact” page available at cabbacis.com/#contact or email us at support@cabbacis.com.