Modification of the Agreement – Cahaba reserves the right, in our sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the end of the document. All such changes will be effective immediately upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.
We maintain this Site for general promotional and public information purposes.
The Site is intended solely for persons who are 18 years of age or older. Any use of or access to the Site by anyone under 18 years old is unauthorized, unlicensed and in violation of this Agreement. Use of the Site is void where prohibited.
The Content, and all rights therein, provided on this Web Site is owned by Cahaba or our third party licensors, and is protected from copying, reproduction, modification, distribution, display, performance or transmittal for any purpose under United States and international copyright laws.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Cahaba or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws.
Nothing stated or implied on this Site confers on you any license or right under any copyright, trademark or service mark of Cahaba or any third party. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law.
Intellectual Property You Contribute
By submitting or posting any content to us or the Site, you automatically grant Cahaba a worldwide, non-exclusive, royalty-free, irrevocable and transferable right and license to publish, create derivative works from, publicly display, re-display or otherwise use such material as it sees fit on the Site and in all other forms of electronic or non-electronic media that are used by Cahaba or its agents in connection with the promotion, marketing, use or expansion of its business.
You represent that you own all content you submit and have the unencumbered legal right to grant the above-referenced license with respect to all content you provide. You further represent that such materials do not infringe any third party rights, including without limitation copyrights and rights of privacy and publicity, and are not defamatory.
Permitted and Prohibited Uses
Cahaba owns all right, title and interest (including worldwide copyright) in and to the Site. We grant you a limited license to access the Site and to copy Content for your own personal, noncommercial use. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Site. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly: copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or use any of the trademarks, trade names or logos that appear on the Site; or make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or delete or alter any Content; or disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way; or use automated means, such as scrapers, bots or spiders, to collect Content; or impede or interfere with others’ use of the Site.
Forums and Public Communication
This Site may enable you to submit your content, including in the form of a review of one or more of our products, asking questions in a Q & A section, communicating with other Site users in an open forum or communicating with us via email. By uploading or submitting any materials to the Site, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive, transferable right and license to use, display and distribute such materials or incorporate such materials into any form now known or hereafter developed. Any information you disclose in such a submission may be publicly available, and you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information. We cannot prevent the “harvesting” of information from this Site, and you may be contacted by Cahaba or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Cahaba cannot prevent other persons who access this Site from using submissions and personal information they find here, even if their use of that information violates the law or your personal privacy and safety.
When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated. Information obtained in a forum may not be reliable and it is not a good idea to make any decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information available on or through the Site, and shall not be responsible for any decisions you may make based on such information.
Third Party Content and Websites; Products and Services; No Endorsement
If we incorporate information from third party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered.
The Site may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not recommend, certify or endorse these or any other products or services in any way, and we are not responsible for the contents of, or any products or services offered on, any third party sites. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor or manufacturer – for additional information.
Links to this Web Site
If you wish to provide a hyperlink from your website to this Site, you may do so only under the following conditions: (a) links to our Site can be text- or image-based; (b) the link can “point” to the homepage URL [www.Cahabadesigns.com] or to deeper pages within our Site; (c) when selected by a user, the link must display our Site on full-screen and not within a “frame” on the linking site; (d) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (e) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (f) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (g) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your website to ours, you are agreeing to be bound by these terms.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work or other intellectual property that you claim has been infringed upon; a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site; 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; information, if possible, sufficient to permit Cahaba to notify the owner/ administrator of the allegedly infringing content; and 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 believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see Section 512 of the U.S. Copyright Act of 1976, http://www.copyright.gov/title17/92chap5.pdf). Notices and counter-notices should be sent to our Copyright Agent:
3242 Moody Parkway
Moody, AL 35004
Disclaimer of Warranties; Limitation of Liability
CAHABA CONTROLS AND OPERATES THE SITE FROM WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES OR OTHER JURISDICTIONS. WHEN YOU ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU HEREBY RELEASE CAHABA, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You will indemnify, hold harmless and, at Cahaba’s option, defend Cahaba and its parent and affiliates and each of their respective officers, employees, agents, licensees, successors, and assigns from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, by any third party as a result of your breach of any term of this Agreement, your violation of any law or the rights of a third party, or your use of the Site.
No Unlawful or Prohibited Use
Termination; Change in Service
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.
Applicable Law; Disputes –By visiting the Site, you agree that the laws of the State of New Alabama, without regard to its principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and Cahaba. Any such dispute may be heard only in the federal and state courts in the County of St. Clair, State of Alabama, and you hereby submit to the exclusive jurisdiction and venue of such courts.
Headings – The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation or understanding of this Agreement or any of the terms and conditions herein.
Severability –If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
No Waiver – No waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by Cahaba to exercise any right or remedy shall operate as a waiver thereof.
If you have questions about this Agreement, wish to report any violations, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us by mail at Cahaba 3242 Moody Parkway, Moody, AL 35004 , or by email at [email protected].