Terms of Use - Cadence

Welcome to the Cadenceonline.com website. The following Terms and Conditions of Use apply to the Cadenceonline.com website and all associated websites within the Cadenceonline.com domain, however accessed and/or used, whether via personal computers, mobile devices or otherwise, and other interactive features, applications or downloads that are operated by us that are available through this website and post these terms and conditions, including without limitation the ParentCRAFT streaming online course (“Course”) (“Web Site”). This Web Site is owned and operated by Cadence Online, Inc. (“Cadence” “we” and “us”).

BY USING OUR WEB SITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. YOU ACKNOWLEDGE THAT THE COURSE OFFERED ON THIS WEB SITE IS STREAMED AND THE QUALITY OF THE VIDEO IS DEPENDENT ON THE QUALITY OF YOUR INTERNET CONNECTION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

1. No Medical Advice

CADENCE DOES NOT, NOR DOES IT INTEND TO, ENGAGE IN THE PERFORMANCE OR DELIVERY OF MEDICAL OR HEALTH CARE SERVICES VIA THE WEB SITE. ALL CONTENT ON THE WEB SITE HAS BEEN PREPARED BY CADENCE OR ITS LICENSORS AND IS MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY. NEITHER CADENCE, NOR ANY EMPLOYEE, INDEPENDENT CONTRACTOR, LICENSOR OR OTHER PERSON PROVIDING MATERIALS OR INFORMATION TO YOU THROUGH THE WEB SITE IS PROVIDING MEDICAL ADVICE TO YOU. THE PROVISION OF THIS INFORMATION AND THESE MATERIALS THROUGH THE WEB SITE IS NOT INTENDED TO CREATE OR CONSTITUTE A THERAPIST-CLIENT RELATIONSHIP, NOR IS IT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL JUDGMENT IN DIAGNOSIS OR TREATMENT. IF YOUR CHILD HAS RECENTLY DEMONSTRATED VIOLENT BEHAVIOR, PLEASE DO NOT TAKE THIS COURSE WITHOUT SEEKING PROFESSIONAL COUNSEL.

2. Copyright and Ownership

All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Cadence, its licensors, independent contractors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Web Site may only be used for the intended purpose for which such Web Site is being made available. The Course may only be used for personal use by you and/or an immediate family member using you access credentials. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, and stream, audio and video found on our Web Site and to view, print, and download documents found on our Web Site, in each case for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of Cadence or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site. Cadence makes no guarantee that any and all content will be available at all times and reserves the right to change, amend, or remove any content made available on the Web Site, including without limitation the Courses made available.

3. Trademarks

All trademarks, service marks and trade names of Cadence or Cadence’s licensors used herein (including but not limited to: the Cadence name, ParentCRAFT, CRAFT, the Cadence corporate logo, the Web Site name, design and any logos) (collectively “Marks”) are trademarks or registered trademarks of Cadence or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Cadence trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without Cadence’s prior written consent. The use of Cadence trademarks on any other web site or network computer environment is not allowed. Cadence prohibits the use of Cadence trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance.

4. User Submissions

We may occasionally provide you the opportunity to submit questions or other materials to Cadence for use in connection with the Web Site (“User Submissions”). Any such User Submissions become the intellectual property of Cadence. As a result, you agree not to assert any ownership right of any kind in the User Submission against Cadence (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract). You further release Cadence (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement. Any such User Submissions are deemed non-confidential and Cadence shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

5. Accuracy of Information

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site.

6. Third Party Links

From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Cadence or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.

7. Inappropriate Material

You are prohibited from posting on or sending to or through the Web Site or any Cadence network any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through any Cadence network or Voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

8. Account Registration and Security

You understand that under certain circumstances you will need to create an account to have access to all of the parts of the Web Site and/or to subscribe to the Course or receive Course materials. In consideration of your use of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Web Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cadence has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cadence has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, to process orders and taxes, subpoenas, or warrants, or to protect our rights, customers or business).

9. Fees

You may only subscribe to services or take Courses which appear on this Web Site for personal use by either yourself or an immediate family member using your access credentials. Cadence makes no promise that Courses and other products and services available on the Web Site are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Web Site from territories where its contents are illegal or unlawful is prohibited. If You choose to access this Web Site from locations outside the Territory, You do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession and use of any Course, product or service purchased from this Web Site. The fees for each Course, product or service will vary based on the individual content, content provider, or Course. All such fees will be prominently posted. For all charges associated with your subscriptions, Cadence or its agents will bill the payment method you select and is accepted by Cadence. You represent to us that you are the authorized user for such payment method. In the event legal action is necessary to collect on money you owe, you agree to reimburse Cadence and its agents for all expenses incurred to recover the amounts due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.

10. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

11. Force Majeure

Neither Cadence nor you shall be responsible for damages or for delays or failures in performance of any kind resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

12. DISCLAIMERS

YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CADENCE, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER CADENCE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CADENCE OR THROUGH THE CADENCE WEB SITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13. LIMITATIONS OF LIABILITY

Cadence does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site.

IN NO EVENT WILL CADENCE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL CADENCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF TWENTY FIVE DOLLARS (US $25.00).

14. Indemnity

You agree to defend, indemnify and hold Cadence and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Web Site with your unique username, password or other appropriate security code.

15. Release

In the event that you have a dispute with one or more other users of the Web Site or another person taking a Course not associated with Cadence, you release Cadence (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

16. Termination

You or we may suspend or terminate your account or your use of this Web Site or any Course at any time, for any reason or for no reason. We may also block your access to our Web Site in the event that: (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

17. General

Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Cadence in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. 10 (Access and Interference), 13 (Liability Limit), 14 (Indemnity) and 15 (Release), shall survive any termination or expiration of this Agreement.

18. Entire Agreement

These terms and conditions are the entire agreement between the user and Cadence and supersedes any prior understandings or agreements (written or oral).

19. Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by email at [email protected].

20. Copyright Notice

Update History

August 12, 2015