Terms of Service
Last modified: 30 April 2019.
Welcome to Cascade!
These terms of service (“terms”), which include and hereby incorporate the privacy policy at www.cascadebm.com/privacy-policy (“privacy policy”), are a legal agreement that apply to the website www.cascadebm.com (the “site”) and the service offered through the site (hereafter individually a “service”). The service is operated by Cascade Building Management Limited (the “company”, “we”, “us” or “Cascade”) for users of the service (“you” or “user(s)”). By using the site or service, you agree to be bound by the most current version of the terms, which can be accessed from the site. If you do not agree to these terms, please do not use the site or service.
The company reserves the right to update these terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to Cascade. If the changes affect your usage of Cascade or your legal rights, we’ll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the service.
Rights to use the service
The service provides an online platform to host information and documentation. The service may allow you to access, view and download this information and documentation. The service may also allow you to access certain software and/or other content that is available to purchase from the company. Subject to your compliance with these terms, the company grants you a limited, revocable and exclusive license to use and access the service solely for your personal use, unless we agree to your commercial use in writing. You agree not to (and not to attempt to):
Use the service for any use or purpose other than as expressly permitted by these terms;
Copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the service or any portion of the service, except as expressly permitted in these terms; or
Use data mining, robots, spiders, or similar data gathering and extraction tools on the service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the company or its licensors, except for the permissions and rights expressly granted in these terms.
The company reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The company reserves the right to refuse any user access to the service without notice for any reason, including but not limited to a violation of the terms. If you violate these terms, the company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend your access to use the service. You agree that the company need not provide you notice before terminating or suspending your access, but it may do so.
Your access
You are responsible for your access link and for any activity resulting from the use of your access link or other activity from your access on the service. To gain access to the service you must contact us directly providing us with a valid email address and form a contract with us to utilise certain applications or features. You represent and warrant that the information you provide to us upon requesting access and at all other times will be true, accurate, current, and complete. You understand and agree that other users of the service may have the same access as you, however, user will be differentiated by our user identifier that will not be visible to you or other users. You will ensure that your email address is kept accurate and up-to-date at all times. If we allow you to us the platform your access will be available to other users. You are responsible for maintaining the confidentiality of your access and are fully responsible for all activities that occur through the use of your access or otherwise from your access link. You agree to notify us immediately if you believe the confidentiality of your access has been compromised or if you suspect unauthorised use of your access link. You agree that we will not be liable for any loss or damage arising from aunthorised use of your access.
Communications
You agree to receive communications from us electronically, such as email, text or notices and messages on the service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt-out - we don’t want to send you messages you don’t want.
By using the service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the service, and that all agreements, notices, disclosures, and other communications that Cascade provides to you electronically satisfy any legal requirements that such communications be in writing.
Intellectual Property Rights
All rights, title and interest in and to all materials that are part of the service (including, but not limited to , designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) except for your content, collectively referred to as the “service materials”, are, as between the company and you, owned by the company. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading service materials or by purchasing any virtual goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the service materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the service or by accessing any service materials posted on the service by the company, or any derivative works thereof. All rights not expressly granted by these terms are reserved by the company and no license is granted by estoppel, implication or otherwise.
Your content
Any data, text, graphic, photographs and their selection and arrangement, and any other materials uploaded to the service under your project is “your content”. You represent and warrant that your content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these terms without the company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of your content is your sole responsibility and the company is not responsible for any material that is published or made available on your behalf. When providing us content with the service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sub-licensable, arid worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content in connection with operating and providing the service. The company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the company will not under any circumstances be liable for any provided content, including, but not limited to, errors in any provided content, or any loss or damage incurred by use of provided content. The company reserves the right to remove and permanently delete your content from the service with or without notice for any reason or no reason. You may notify the company of any provided content that you believe violates these terms.
Rules of Conduct & Usage
The service provides a hosting platform designed to display building information and documentation. The company has no obligation to monitor access of the service, but it may do so in connection with providing the service. The company may also terminate or suspend your access to the service at any time, without notice, for any reason. You acknowledge that any provided content to the company is not endorsed by us. The company will not under any circumstances be liable for any activity that occurs from your access. The company is not responsible for information that you choose to share on the service, or for the information provided by others. As a condition of your use of the service, and without limiting your other obligations under these terms, you agree to comply with the restrictions and rules of use set forth in these terms and additional restrictions or rules set forth in any contract. As an example, you agree not to use the service in order to:
Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
Engage in conduct that is fraudulent or illegal or otherwise harmful to Cascade or any other user without access;
Transmit (or attempt to transmit) files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the service or systems using the platform;
Violate the contractual, personal, intellectual property or other rights of any party including using, transmitting, distributing, or otherwise making available any information made available through the service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Attempt to obtain passwords or other private information from other users;
Improperly use support channels or complaint correspondence to make false reports to us;
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the terms or improper use of the service and to take action including termination of your access and exclusion from further participation in the service.
Feedback
We appreciate hearing from you and welcome your comments concerning the service. If you choose to provide feedback, comments or suggestions for improvements to the service or otherwise (in written or oral form), (a) you represent and warrant that you have the right to disclose the feedback, (b) the feedback dos violate the rights of any other user or entity, and (c) your feedback does not contain the confidential or proprietary information of any third parties or parties.
By sending us any feedback, (a) you further agree that we are under no obligation of confidentiality, express or implied, with respect to the feedback, (b) acknowledge that we may have something similar to the feedback already under consideration or in development, (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sub-license the feedback, and (d) irrevocably waive, and cause to be waived, against Cascade and its users any claims and assertions of any moral rights contained in such feedback. This feedback section shall survive any termination of your access or the service.
All rights in this section are granted without the need for additional compensation of any sort to you.
Third-party content
We use third-party services to help us provide the service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the service may link to third-party websites to facilitate its provision of service to you. If you use these link, you will leave the service. Please note that your use of such third-party services will be governed by the terms and privacy applicable to the corresponding third-parties. Some of these third-party websites may use service materials under licence from us. We are not responsible for nor do we endorse these third-party websites or the organisations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a results of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the service.
Copyright
Copyright Complaints. The company respects the intellectual property of others, and we ask users of the service to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the company of your infringement claim in accordance with the procedure set forth below. The company will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the company. To be effective, the notification must be in writing and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the service, with enough detail that we may find it on the service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the service is infringing upon a copyright, you may be held liable for damages and attorneys’ fees.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the consent from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the copyright agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a miss-identification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court located within Bristol, United Kingdom and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the copyright agent, the company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 15 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringement Policy. In accordance to applicable law, the company has adopted a policy of terminating, in appropriate circumstances and at the company’s sole discretion, users who are deemed to be repeat infringers. The company may also at its sole discretion limit access to the service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Termination
You may terminate your access at any time and for any reason by contacting the company. The company may terminate your access to the service (or, at the company’s sole option, applicable portions of the service) at any time and for any reason. The company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your access and all information and data associated therewith, including without limitation your virtual goods, as applicable, and the company is under no obligation to compensate you for any such loss.
Disclaimer of Warranty
The services and the service materials are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, title, and non-infringement, your use of the services is at your sole risk. In addition, while the company attempts to provide a good user experience, we cannot and do not represent or warrant that the services will always be secure or error-free or that the services will always function without delays, disruptions, or imperfections. The foregoing disclaimers shall apply to the extent permitted by applicable law.
Limitation of Liability
To the maximum extent permitted by law, in no event will the company, be liable to you or to any third person for any consequential, incidental, special, punitive or other indirect damages, including any lost profits or lost data, arising from your use of the service or other materials on, accessed through or downloaded from the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company has been advised of the possibility of these damages. The company shall not be liable to you for more than the greater of (a) the amount you have paid to us in accordance with these terms in the 3 months immediately preceding the data on which you first assert a claim or (b) the limitations and disclaimers in these terms do not purport to limit liability or alter rights that cannot be excluded under applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above disclaimers and limitations may not apply to you. In these jurisdictions, Cascade’s liability will be limited to the greatest extent permitted by law.
You specifically acknowledge that the company shall not be liable for user content, including without limitation your content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Indemnification
You agree to indemnify and hold the company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (a) your use of and access to the service; (b) your violation of any term of these terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right of any third-party agreement; or (d) any of your content or information in your access or any other information you post or share on or through the service. As used in this section, “you” shall include anyone accessing the service using your password.
Terms of Sale
We will charge you a fee to use the basic functionality of the service and additional fees may be charged for certain extensions to the service.
Service Descriptions. We try to make the service thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the service may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. Cascade reserves the right, with or without prior notice, to: change descriptions or references to the service; limit the available quantity of the service; and/or refuse to provide any visitor to, or use of the service with any product or service.
We may, in our sole discretion, cancel your payment at anytime by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (a) if you attempt to use the service in breach of any applicable law or regulation; (b) if you use the service in breach of these terms; (c) if we suspect fraudulent, unlawful or improper activity concerning a payment; (d) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (e) failure to cooperate in an investigation or provide additional information when requested.
Refunds.
Taxes. Prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your payment. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.
You may be required to accept an end user license agreement or other terms provided by Cascade prior to use of the service you have paid for.