These Cascade End User Terms of Service (“Terms”) are designed to govern your (“you” or “your”) use of the platform and related products (collectively the “Cascade Platform”) provided by Cascade Debt Corporation, a Delaware corporation (“Cascade,” “us,” “we,” or “our”) as an authorized user of a Cascade customer (collectively “Customers”), or as a third-party investor or authorized individual in connection with such investor that is utilizing available aspects of the Cascade Platform to review information of Customers (“Investors”). Individual users of the Cascade Platform related Customers and Investors are collectively referred to collectively as “Users”. Obligations and responsibilities provided in these Terms are in addition to any obligations and responsibilities that are agreed to under any separate binding agreement entered into between the parties, including any Cascade Master Services Agreement or separate Investor Partnership Agreement.
In Cascade’s sole discretion, Cascade has the right to add to, remove, modify or otherwise change any part these terms, in whole or in part, at any time. If Cascade exercises this right, it will notify you or otherwise indicate such update through the Cascade Platform or contacting you through the contact information provided when registering for an Account. Changes will be effective as of the date the changes of these Terms are made available on the Cascade Platform or otherwise provided to you as a User.
You warrant that you will use the Cascade Platform only for lawful purposes and will comply with all applicable laws. You further warrant that you will not use the Cascade Platform for any purpose that is unlawful, malicious, harmful to any other Users of the Cascade Platform, or otherwise prohibited by these Terms.
When you access the Cascade Platform, you will be required to create an account (“Account”), including providing an email address and creating a password. You are entirely responsible for maintaining current information on the Account, as well as the confidentiality of your Account credentials, including your password, and for any and all activity that occurs under your Account as a result of your failing to keep this information secure and confidential. You agree to notify Cascade immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s account information. Cascade cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The Cascade Platform may contain interactive services including without limitation the ability to post comments, notes, or other communications to other Users through the Cascade Platform (“Interactions”). Cascade reserve the right to review any Interactions, however are under no obligation to oversee, monitor, or moderate any Interactions, and Cascade expressly disclaims any and all liability for any loss or damage arising from any Interactions with Users.
You agree not to use the Cascade Platform to
a. Violate any law, regulation, or governmental policy in the US or internationally;
b. Infringe upon or violate intellectual property rights or any other rights of anyone else (including Cascade);
c. Behave in a harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable manner (including to exploit or harm minors in any way by exposing them to inappropriate content or other material);
d. Jeopardize the security of your Account or anyone else’s (such as allowing someone else to log into the Service as you);
e. Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
f. Violate the security of any computer network, or crack any password or security encryption code;
g. Impersonate or attempt to impersonate another individual, entity, Cascade employee, agent, or another User;
h. Infringe, in any way, on the rights of others or engage in behavior or activity that is threatening, harmful, discriminatory, or fraudulent;
i. Copy or store any Cascade Platform source code or a significant portion of our intellectual property;
j. Decompile, reverse engineer, or otherwise attempt to obtain source code or underlying ideas or information of or relating to the Cascade Platform we provide;
k. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Cascade Platform, the server on which any part of the Cascade Platform requires, or any other computer or database connected to the Platform;
l. Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Platform;
m. Attack the Cascade Platform via a denial-of-service attack or distributed denial-of-service attack;
n. Use any device, software, bot, or routine that interferes with the proper working of the Cascade Platform;
o. Use any manual or automated process to monitor or copy any of the material on the Cascade Platform or for any other unauthorized purpose, including, without limitation, using any automated or non-automated systems to scape, copy, or distribute content without our prior written consent;
p. Damage, overburden, disable, or impair the Cascade Platform;
q. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
r. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Cascade Platform, or which, as determined by us, may harm or offend Cascade or its Users, or otherwise expose them to any liability; or
s. Otherwise attempt to interfere with the proper working of the Cascade Platform.
You cannot use the Cascade Platform, or any content or materials provided through the Cascade Platform, to compete with the Cascade Platform, whether for pecuniary gain or not. This provision includes without limitation making content or materials gained from the Cascade Platform available to others. Except as expressly authorized by us, you agree not to, in whole or in part, modify, copy, frame, rent, lease, loan, sell, distribute, publicly display or perform, reproduce, replicate, duplicate, print or create any derivative works based on the Cascade Platform or any Cascade intellectual property that may be available through the Cascade Platform.
Cascade may suspend, terminate, or otherwise deny your access to or use of all or any part of the Cascade Platform without incurring any resulting obligation or liability, if Cascade believes, in its good faith and reasonable discretion, that you (i) failed to comply with any of these Terms or express instructions of Cascade, (ii) have been, or are likely to be involved in any fraudulent, misleading, or unlawful activities; or (iii) the subscription fee related to your access rights to the Cascade Platform has not been paid by the respective Customer or Investor. This Section 7 does not limit any of Cascade’s other rights or remedies, whether at law, in equity, or under these Terms.
NO UNDERWRITING OR LOAN EVALUATION SERVICES. CASCADE IS A TECHNOLOGY PROVIDER ONLY WITH SERVICES TO HELP ORGANIZE AND DISPLAY RELEVANT INFORMATION OF CUSTOMER, INCLUDING LOAN INFORMATION RELATED TO LOANS, DEBT AND CASH FLOW, AS WELL AS RELEVANT DOCUMENTS AND AGREEMENTS OF CUSTOMER THAT MAY BE UPLOADED BY CUSTOMER TO THE CASCADE PLATFORM. IN NO WAY DOES CASCADE PROVIDE ANY DIRECT LOANS, INVESTMENT, UNDERWRITING, LEGAL, OR TAX PLANNING SERVICES THROUGH THE ANY OF THE SERVICES AND TO THE EXTENT INFORMATION IS USED BY AUTHORIZED USERS OF CUSTOMER, INCLUDING LENDERS AND UNDERWRITERS, SUCH INFORMATION IS USED INDEPENDENTLY BY SUCH THIRD-PARTIES FOR THEIR OWN PURPOSES AND CASCADE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH USES BY SUCH AUTHORIZED USERS.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL SERVICES ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, CASCADE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CASCADE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE CASCADE PLATFORM OR ANY CASCADE IP. CASCADE DOES NOT REPRESENT OR WARRANT THAT (A) THE CASCADE PLATFORM WILL BE AVAILABLE, SECURE, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER APPLICATION, SOFTWARE, HARDWARE, SYSTEM, OR DATA, (B) THE CASCADE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY DATA STORED USING THE CASCADE PLATFORM WILL BE ACCURATE, RELIABLE, OR SECURE, (D) ERRORS OR DEFECTS IN THE CASCADE PLATFORM WILL BE CORRECTED, OR (E) THE CASCADE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
a. IN NO EVENT WILL CASCADE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE UNDER THESE TERMS (INCLUDING ANY APPLICABLE ADDITIONAL TERMS), REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN NO EVENT CASCADE’S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF ONE ($1) DOLLAR OR THE LEGAL MINIMUM THAT LIABILITY MAY BE LIMITED TO UNDER APPLICABLE LAW.
To the maximum extent permitted by law, you shall release, defend, indemnify, and hold harmless Cascade and its officers, directors, shareholders, employees, and agents and their respective successors and assigns from any third-party claim, suit, proceeding, or government enforcement actions arising out of, related to, or alleging an injury or loss caused by (i) your access and use of the Cascade Platform in violation of these Terms, and (ii) any actions by you constituting gross negligence, willful misconduct, or fraud.
All notices required or permitted to be given by either party to the other under these Terms shall be sent as follows: (a) if to you, Cascade shall send notice to the email address provided in your registration for the Services; and (b) if to Cascade, you must send notice to firstname.lastname@example.org.
These Terms constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. These Terms shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. Nothing herein shall confer upon any person or entity other than the Parties and their successors or permitted assigns any rights or remedies under or by reason of these Terms. Except as expressly set forth herein, each Party will be responsible for its own costs and expenses associated with performance of its obligations under these Terms. Neither these Terms, nor any rights or obligations hereunder may be assigned, delegated or conveyed by you without the prior written consent of Cascade. Any provision which by its nature is intended to survive the termination or expiration of these Terms shall survive such termination or expiration.