Terms of Service
These terms constitute a legally binding agreement between you and Cascade. Please read them carefully.
1Acceptance of Terms
Welcome to Cascade ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Cascade governing your access to and use of the Cascade platform and any related services (collectively, the "Services").
IMPORTANT NOTICE: SECTION 9 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
2Eligibility and Verification
3Nature of the Platform: Venue Only
4Off-Platform Transactions
5Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL GOODS LISTED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CASCADE EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY LISTINGS OR GOODS; (C) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; AND (D) WARRANTIES REGARDING THE IDENTITY OR TRUSTWORTHINESS OF ANY USER.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR INTERACTION WITH OTHER USERS.
6Limitation of Liability
IN NO EVENT SHALL CASCADE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO THE SERVICES OR TRANSACTIONS FACILITATED THEREBY; ANY UNAUTHORIZED ACCESS TO OUR SERVERS; ANY TRANSACTION BETWEEN USERS, INCLUDING THE FAILURE OF A USER TO DELIVER GOODS OR MAKE PAYMENT.
IF, NOTWITHSTANDING THE FOREGOING, CASCADE IS FOUND LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION, OR (B) $100.00 USD.
7Indemnification
You agree to defend, indemnify, and hold harmless Cascade, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) Your use of and access to the Services; (b) Your violation of any term of these Terms of Service; (c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) Any claim that your listing or conduct caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
8Termination
9Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHTS.
10Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict of law principles.