Effective Date: May 5, 2021
Last Updated: May 5, 2021
Your visit to this Site is subject to these Terms. By visiting the Site, you agree to these Terms, which may be updated by us at any time with or without notice to you. The Effective Date of the most up to date Terms will be provided at the top of each document, respectively. Any changes will be effective upon posting. If you do not agree with these Terms, you should not use the Site.
If you have any questions or comments about these Terms, please contact us at:
1. Uses of Our Site and Content
All content and information, and all trademarks, logos, copyrights, and other intellectual property displayed on the Site is owned by Caribou or their respective owners. By visiting this Site or using the Services, you agree to the following with respect to the content and information on the Site or accessed through the Services (the “Content”):
- Caribou grants you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy, and print pages from the Site for your personal and noncommercial use only.
- You may not use any trademark, service mark, or logo of Caribou or any third party that appears on the Site without prior written consent. No license, whether express, implied, or by estoppel is granted to any trademarks, service marks, or logos under these Terms.
- You agree not to copy portions of the Site (e.g., using bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site.
- You will not remove or obscure any copyright or other notices or legends contained in any Content.
- You may not alter or modify the Content in your possession.
- You may not exploit any of the Content commercially, or send or forward any Content to any third party without our prior written consent.
- If you link other websites to this Site, you may not imply or suggest that Caribou has endorsed or is affiliated with or websites and you may not display this Site as “framed” within another website.
- You may not (and may not encourage or assist others to) access or use the Site or Services in any way that violates any law, regulation, rule (including orders by governmental authorities), or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site.
- You may not delete, decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of this Site.
- You may not transmit any virus, worm, time bomb, or similar system interference through this Site.
- You may not disable, override, or otherwise interfere with operation of the Site, or any Caribou implemented communications to end users, consent screens, user settings, alerts, warning, or the like.
- You may not attempt to cloak or conceal your identity when accessing the Site.
- You may not impersonate or attempt to impersonate Caribou, any Caribou employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- You may not engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or Services, including engaging in any conduct that Caribou, in its sole discretion, deems may harm Caribou.
- You may not place an undue burden on the infrastructure hosting the Site or Services, including via a denial-of-service attack or a distributed denial-of-service attack.
2. Non-Personal Information
We reserve the right to use and share Non-Personal Information (anonymized data that is in a statistical or summary form that does not include any personal identifiers) in the aggregate for any purpose without your authorization, for example to compile data trends, and otherwise analyze the performance of our Service. Non-Personal Information will also facilitate the provision of software updates, product support, and other services to you. This aggregate data will in no way personally identify you or any other users of the Service.
4. Transmission to and From the Site
Any communication that you send to the Site is and will be deemed to be non-confidential as between you and us, and Caribou will be free to use (or not use), modify, reproduce, and distribute it for any purpose without compensation to you.
5. Disclaimers; Limitation of Liability; Indemnity
Caribou, its affiliates, and their respective officers, directors, stockholders, and employees (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, Services, and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis. Caribou and its Related Persons do not warrant the accuracy, adequacy, or completeness of the information and materials contained on this Site, or in the Content, and we expressly disclaim all liability for errors or omissions in any materials or information.
To the fullest extent allowed under applicable law, in no event shall Caribou or its Related Persons be liable to any party for any claims, liabilities, losses, costs, or damages under any theory, including, but not limited to, any direct, indirect, punitive, special, incidental, or consequential damages arising out of, or in connection with, any access, use (or inability to use), or distribution of the Site, or any Content therein. This is true even if Caribou has been advised of the possibility of damages or losses.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Caribou and its Related Persons harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Site and Content, or (b) your violation of these Terms.
To the extent permitted by applicable law, your use of the Site constitutes your consent to receive all communications from us, including notices, agreements, legally required disclosures, or other information in connection with the Site or materials or services provided (collectively referred hereafter as “Notices”) electronically. We will provide or electronic Notices by posting them on the Site or through email or other electronic means (if we have your contact information). The delivery of any Notice is effective when posted, regardless of whether you read the Notice. If you want to withdraw your consent to receive Notices electronically, you must discontinue your use of the Site.
You and Caribou agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Caribou and supersede all prior agreements and understandings relating to the subject matter.
7. Governing Law; Waiver
The laws of the State of California govern these Terms, without regard to conflicts of law provisions thereof.
If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
The failure of Caribou to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of this these Terms by Caribou must be in writing and signed by an authorized representative of Caribou.