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Welcome to caddumn.com! We're caddumn, Inc. (caddumn, we, us, or our), and we're glad you've decided to check us out! Before we get started, we just need to make sure we're on the same page. We created these terms and conditions (the Terms of Service) (actually, our lawyers did, but please don't hold that against us), and we hope you take some time to read through them.
But seriously, you should read them: by accessing or using caddumn.com, any of our merchants' online stores (we'll refer to each as a Store and to the Stores and caddumn.com as the Website), any of the services or content on the Website, or any of our mobile applications (all of which we'll collectively call the Service), you're agreeing that you read these Terms of Service, that you understand them, and that you will comply with them. If you don't agree to any of these Terms of Service or to the terms and conditions of our Privacy Policy, Infringement Policy, and Prohibited Products policy, which are also binding on you (and which together with the Terms of Service we'll call this Agreement), you're not allowed to use the Service. In other words, this stuff matters!
If you see any capitalized terms that aren't defined in these Terms of Service, they'll have the meaning we give them elsewhere in the Agreement. In the event of any conflict between the terms and conditions of these Terms of Service and the terms and conditions of the Privacy Policy, Infringement Policy, or Prohibited Products policy, the terms and conditions of these Terms of Service shall govern. In the event of any conflict between the terms and conditions of this Agreement and any additional terms and conditions posted by any Merchant in any Store, the terms and conditions of this Agreement shall control.
REALLY IMPORTANT POINT: YOU SHOULD READ CAREFULLY THE SECTIONS BELOW TITLED BINDING ARBITRATION AND CLASS ACTION WAIVER. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND THESE THINGS AFFECT YOUR LEGAL RIGHTS!
You might be using the Service in one of two ways (both of which fall under this Agreement): as a Visitor or as a User.
Visitors are people who visit the Website, but do not register or sign in as Users. They can (i) view all publicly-accessible content, (ii) purchase Products, and (iii) contact us (though Visitors may need to provide Personal Information in order to access or use some of these features).
Users are people who register, personally or on behalf of an entity which they have the authority to bind, an account for the Service (an Account). Users can do all of the things that Visitors can do, and if they are logged into their Account, they may also access and use certain restricted sections of the Website or features of the Service.
caddumn provides an online marketplace for its Users to offer, buy, and sell goods (Products) and to otherwise interact with each other. caddumn itself does not offer or sell the Products; other Users do. caddumn isn't a party to any transaction between buyers and sellers of Products, and we have no control over the quality, safety, legality or efficacy of any Product. Other Users, and not caddumn, provide descriptions and other information about the Products. We can't control whether the descriptions and User Content associated with the Products are truthful and accurate, and by using the Service you agree that you understand that caddumn is not responsible for any statements or omissions concerning the Products. We have no obligation to accept anyone as a User, and we've got sole and complete discretion to accept or reject any User.
The Service is available only to those aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parents or guardian understand it.
The User is solely responsible for making sure its Account is confidential and secure, and for all activities that occur on or through its Account. The User agrees to immediately notify caddumn of any security breach of its Account.
The User agrees that any Personal Information required by caddumn to register an Account (Registration Information) will be provided accurately and completely (and also agrees to update Registration Information to make sure it stays that way). The User agrees that caddumn will store and use the Registration Information in accordance with the Privacy Policy. From time to time, the User might be required to authenticate its Account.
By using the Service, you agree to comply with the following code of conduct:
· You will not use the Service for any illegal, immoral or unauthorized purposes or in ways that violate applicable laws. Unauthorized uses include, but are not limited to, multi-level marketing, link farming or other activities designed to manipulate search results or other online marketing activities. These restrictions are important to protect the community of merchants and to create a platform that people trust and love. Users who are unsure whether their activities fall outside of these criteria may at any time contact https://caddumn.com to ensure that their activities comply with these terms.
· You will not access or use the Service if you are our direct competitor, unless you obtain our prior written consent. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
· You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, Service, or our APIs, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file.
· You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
· You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.
· You will not cover, block, or in any way interfere with any advertisements, watermarks, colophons and/or safety features (e.g., report abuse button) on the Website or Service.
· You agree that any information you provide in connection with your use of the Service, whether to us or to a third party, is accurate, truthful, and complete.
Users may provide certain information, data, graphics, text, or other content to the Service or to an Application. The User warrants that it has the necessary rights and/or third-party consents to freely use and share any content which the User provides to the Service or any Application (User Content). The User accepts full responsibility for User Content that the User uploads or in other ways makes available via the Service and/or the Applications.
User Content might be transferred unencrypted across various networks, and it's subject to changes to conform to the Service's technical requirements. caddumn can review and reject any User Content provided at any time. By uploading User Content via the Service and/or any Application, the User grants caddumn a non-exclusive, fully paid and royalty-free, worldwide, irrevocable, transferable, sub-licensable license to use and share the User Content (including, but not limited to, altering, translating, storing, copying or making it available or marketing it to the public or transferring any of these rights to caddumn's partners).
You can't publish User Content that damages the caddumn brand or in any way implies improper association to caddumn. We can remove such User Content if we determine in our sole discretion that it does so.
The User accepts that by providing User Content, the User Content will become available to other users on the Internet who may share, download, republish or in other ways interact with it. caddumn isn't responsible for another person's use or misuse of your User Content.
The User has the right to delete a Store or Account associated with that User at any time by contacting https://caddumn.com, but a Store or Account and any accompanying User Content may remain publically accessible after deletion. We'll make commercially reasonable, good faith efforts to remove User Content from our Service and our systems.
caddumn grants to the User a revocable, non-exclusive, non-transferable, limited-in-time license to use the Service, the Content, and any additional applications purchased for use in connection with a Store (each, an Application), and to use any other of caddumn's software required to use the Service and any purchased Applications. caddumn grants the User the right to install updates to the Service and purchased Applications as made available to the User by caddumn from time to time.
The User may not (i) assign, sub-license, copy, publish or distribute the Service or Applications, (ii) assign to any third party the rights that the User has acquired under a license under these Terms of Service, or (iii) circumvent any of the technical limitations of the Service or Applications, or decompile or otherwise reconstruct the Service or Applications save only to the extent and circumstances permitted by law.
The Applications are Store-specific. This means the User is granted a revocable, non-exclusive, non-transferable, limited-in-time license to use an Application only in relation to a certain Store. If the User has other Stores connected to its Account, the User will be required to purchase additional Applications in relation to each other Store.
caddumn reserves the rights to:
· Modify, terminate, or remove your access to the Service, the Content or any Application for any reason at any time.
· Remove or edit any User Content, Store, or Account that we determine (in our sole discretion) violates the Prohibited Products policy.
A User may create one or more Stores to sell items through the Service. In each Store, the User who created the Store (the Merchant) may offer for sale Products in compliance with this Agreement. Merchants must be truthful and accurate in all User Content provided through the Service, and must not engage in any activity that will reflect negatively on the caddumn brand or harm our community of Users. Stores, and the Products and User Content associated with the Stores, are publically available through the Service, and Users may review, like, follow, or share your Store, Products, or User Content.
Merchants may receive the Information of some Users through operation of the Service. Merchants may not (i) share such Information with any third party, (ii) send unsolicited, unrelated, or spam communications, (iii) engage in an excessive rate of messaging, (iv) or misuse or abuse Information in any other way.
A Merchant may not attempt to divert any User or dissuade any purchase through the caddumn.com marketplate (Marketplace), including without limitation in favor of a purchase through the Merchant's custom caddumn shop, or to otherwise attempt to circumvent the Fees (as defined below). Merchants may not, without limitation: (i) introduce or display links or URLs that lead Users away from the Marketplace; (ii) send or display a message to any User offering a Product or soliciting a sale other than through the Marketplace; or (iii) cancel or return any order placed through the Marketplace with an offer to resell the canceled or returned Product not through the Marketplace. caddumn reserves the right to suspend or terminate any Store or Merchant account that is in violation of these terms and/or to charge fees in connection with the sale of any Product caddumn determines was made in violation of these terms.
In order to purchase an Application or Subscription, the User must choose a payment type and provide any Payment Information requested by caddumn. By entering your Payment Information, you agree that we or our Payment Platform may immediately authorize your credit card (or other approved facility) for payment for any Applications or Subscriptions purchased under your Account. Applications may not be available for use until full payment has been made. By providing caddumn with Payment Information, the User represents that it is authorized to use the Payment Information and that it is true and accurate. The User agrees to provide caddumn with updated Payment Information upon caddumn's request and any time the Payment Information becomes no longer valid.
As set forth above, you should keep your password strictly confidential. You are fully responsible for all activities that occur and all liability incurred under your Account. Your liability for these charges will continue after termination of this Agreement. If you have a question about any charge on your credit card statement, please contact our customer service at help.caddumn.com.
The User may withdraw its purchase of a specific Application without giving any reason, but only if this withdrawal is made before the completion of the installation of such Application. Once the installation is completed, the User's purchase is final and non-refundable, and we don't accept returns or exchanges.
The Website may contain links to third-party websites (External Sites). These links are provided solely as a convenience to you and not as an endorsement by us of the content on any External Site. The content of External Sites is developed and provided by others, and you should contact the site administrator or webmaster for those External Sites if you have any concerns regarding the links or content on them. We're not responsible for the content of any linked External Sites and don't make any representations regarding the content or accuracy of materials on any External Site. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You'll defend, indemnify, and hold harmless caddumn, our affiliates, and our and their respective officers, directors, managers, employees, and agents from any and all liabilities, claims, costs, damages, and expenses (including reasonable attorneys' fees) in connection with any third-party action, claim, or proceeding (each, a Claim) arising from your breach of this Agreement, your misuse of the Applications, the Products, the Service, the Website or the Content.If you are a Merchant, you'll also defend, indemnify, and hold harmless Ticatil from any liabilities, claims, costs, damages or expenses in connection with any User's purchase of any Product you sell, any injury or loss caused by any Product you sell, or any statements or representations made or omissions with respect to a Product. We'll promptly notify you of any Claim, provide you, at your expense, with reasonable cooperation in the defense of the Claim, and provide you with sole control over the defense and negotiations for a settlement or compromise. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any Claim that is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests assisting our defense of the Claim.
In the event of a dispute arising under or relating to this Agreement, the Service, or any other products or services provided by us (each, a Dispute), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, will be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THE DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of New York may enforce the arbitrator's award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (JAMS) pursuant to JAMS' Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the JAMS Rules). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration will take place in the State of New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
You agree that any arbitration or proceeding will be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
We may restrict, suspend, or terminate this Agreement and your access to all or any part of the Service, at any time and for any reason without prior notice or liability. We may also change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The User may at any time terminate an Account by following the proper steps on the Website, but the termination of an Account does not relieve the User of its obligations under this Agreement. If a Store or associated Account is deleted, terminated, or suspended for any reason, the Merchant for that Store must fulfill all outstanding orders and obligations to Visitors and Users.
caddumn reserves the right, from time to time and in its sole discretion, to amend the Terms of Service. You should periodically check caddumn.com/legal, where the latest version will always be available, for any changes or updates that may impact you.
caddumn's failure to enforce any right or provision under this Agreement will not constitute a waiver of those rights and provisions or any other of caddumn's rights under the Agreement. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement and understanding between you and caddumn with respect to the subject matter, and supersedes any previous written or oral agreement between you and caddumn in relation to the subject matters. These Terms of Service shall substitute any earlier versions of terms of service between the User and caddumn or its affiliates. The section headings are provided merely for convenience and shall not be given any legal meaning. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
The following provisions will survive any expiration or termination of this Agreement: Account, User Responsibilities, User Content, Communications to Us, Intellectual Property Rights, Rules for Merchants, Rules for Buyers, Fees; Automatic Renewals, Payments, Third-Party Applications, External Sites, Indemnification, Liability for Damages, User Information and Personal Data, Binding Arbitration, Class Action Waiver, and Miscellaneous.
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