The terms as contained on this page outline your responsibilities and rights as regards this website and associated technologies.
Thank you for visiting the Casero Inc. (“Casero”) website (the “Site”). Please read the following terms and conditions (the “Terms”) prior to using or accessing the Site. These Terms contain legal obligations including Casero’s obligations towards the use of any private information that you may provide to Casero that may affect your usage or continued access of the Site. If you do not agree with the Terms, any further use or access to the Site is prohibited.
Your Usage
The provision of the Site by Casero is intended to provide you a personal and non-commercial use license to conveniently review information on Casero, its products and services, and how to contact Casero for further information regarding its products and services only; no other purpose is intended or implied. By using the Site, you agree, without any limitation or qualification, to be bound by the Terms of this Site. You agree that Casero is making this Site available to you in reliance of the Terms set out therein, and that the disclaimers, limitations and exclusions of liability and indemnification provisions of these Terms shall survive any termination of this agreement between you and Casero.
Site Disclaimer
YOU ACKNOWLEDGE AND AGREEE THAT THE SITE IS BEING PROVIDED BY CASERO TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT, AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CASERO DOES NOT PROVIDE ANY WARRANTY THAT THE SITE AND ANY CONTENT OR INFORMATION WITHIN THE SITE OR ANY HYPERLINK TO A THIRD PARTY SITE IS OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
Limitation of Liability
IN NO EVENT SHALL CASERO, INCLUDING ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ANY DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, SAVINGS, GOODWILL OR ANY OTHER INTANGIBLE LOSSES KNOWN AT LAW OR EQUITY (“DAMAGES”), REGARDLESS OF WHETHER CASERO HAD BEEN ADVISED OR COULD HAVE FORESEEN THE REASONABLE FORESEEABILITY OF SUCH DAMAGES
Indemnification
You agree to defend, indemnify and hold Casero, its affiliates, licensors, directors, officers, employees, agents and advisors, including any and all third parties mentioned in the Site, from and against any and all claims, actions, controversies and demands of any kind, including without limitation reasonable legal fees and expenses (“Claims”) resulting from your access to the site, your breach of the Terms and your use or reliance on any content in the Site. In the case of defence of Claims, you will use best efforts to cooperate with Casero that shall, at its own expense, assume exclusive control and defence of any Claims.
Privacy
Casero will not share, barter or sell visitor information to third parties, unless explicitly outlined. Casero ensures every effort to preserve user privacy, and will only disclose personal information when required by law wherein there is a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. Second, in the event Casero goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, visitors’ personal information will, in most instances, be part of the assets transferred. Like most standard Web site servers Casero logs files. This includes logging Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track a visitor’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. This web site may contain links to other sites. Please be aware that Casero is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. Casero Terms of Use statement applies solely to information collected by Casero’s website.
Intellectual Property
Content of the Site, including the text, images, software, any audio or video, as well as the compilation of any of the aforementioned content (“Site Content”), is the property of Casero and/or its licensors and is protected by Canadian and international copyright laws. All rights are reserved. The Site Content may not be copied or distributed in any way by any means without the express written consent of Casero. The Casero logo, the terms Casero Digital Media Suite, Casero Broadband Application Platform, Casero Photos, Casero Blogs, Casero Videos, Casero Music, Casero Backup and Storage, Casero Vault, Casero Homecam and Casero Frames are the property of Casero and may only be reproduced with the express written authorization of Casero. All other logos, marks, trademarks, service marks, service, product and/or company names that appear within the Site or any third party hyperlink remain the property of their respective owners.
Modification of Site and Terms
Casero reserves the right from time to time, without notice to you, to modify, discontinue on a temporary or permanent basis the Site and any Site Content including any links to any third parties and to change or modify in its sole discretion the Terms. Any use by you will be subject to any modified terms.
General Terms
This agreement with you is personal to you and cannot be assigned by you. The Site is administered under the control of Casero within Canada. The Terms shall be interpreted and construed in accordance with the domestic laws of the Province of Ontario and Canada without any reference to its conflicts of laws principles. The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms. You agree to comply with your local law to the extent that you use or access this Site outside Canada. Each of Casero and you agree that any Claims, if outstanding, will be referred to and finally settled with respect to any and all matters related to a Claim by private and confidential binding arbitration in English before a single arbitrator held in the Toronto, Ontario, Canada pursuant to the Arbitration Act, 1991 (Ontario). Notwithstanding anything to the contrary with respect to the foregoing, you agree that any breach of Casero’s or its Licensor’s intellectual property rights would cause irreparable harm to Casero and/or its Licensors that could not be compensated solely by monetary damages and that Casero reserves the right to pursue the protection of Casero’s intellectual property rights or those of its Licensors through injunctive relief or other equitable relief through any court of competent jurisdiction.
Your Usage
The provision of the Site by Casero is intended to provide you a personal and non-commercial use license to conveniently review information on Casero, its products and services, and how to contact Casero for further information regarding its products and services only; no other purpose is intended or implied. By using the Site, you agree, without any limitation or qualification, to be bound by the Terms of this Site. You agree that Casero is making this Site available to you in reliance of the Terms set out therein, and that the disclaimers, limitations and exclusions of liability and indemnification provisions of these Terms shall survive any termination of this agreement between you and Casero.
Site Disclaimer
YOU ACKNOWLEDGE AND AGREEE THAT THE SITE IS BEING PROVIDED BY CASERO TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT, AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CASERO DOES NOT PROVIDE ANY WARRANTY THAT THE SITE AND ANY CONTENT OR INFORMATION WITHIN THE SITE OR ANY HYPERLINK TO A THIRD PARTY SITE IS OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
Limitation of Liability
IN NO EVENT SHALL CASERO, INCLUDING ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ANY DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, SAVINGS, GOODWILL OR ANY OTHER INTANGIBLE LOSSES KNOWN AT LAW OR EQUITY (“DAMAGES”), REGARDLESS OF WHETHER CASERO HAD BEEN ADVISED OR COULD HAVE FORESEEN THE REASONABLE FORESEEABILITY OF SUCH DAMAGES
Indemnification
You agree to defend, indemnify and hold Casero, its affiliates, licensors, directors, officers, employees, agents and advisors, including any and all third parties mentioned in the Site, from and against any and all claims, actions, controversies and demands of any kind, including without limitation reasonable legal fees and expenses (“Claims”) resulting from your access to the site, your breach of the Terms and your use or reliance on any content in the Site. In the case of defence of Claims, you will use best efforts to cooperate with Casero that shall, at its own expense, assume exclusive control and defence of any Claims.
Privacy
Casero will not share, barter or sell visitor information to third parties, unless explicitly outlined. Casero ensures every effort to preserve user privacy, and will only disclose personal information when required by law wherein there is a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. Second, in the event Casero goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, visitors’ personal information will, in most instances, be part of the assets transferred. Like most standard Web site servers Casero logs files. This includes logging Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track a visitor’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. This web site may contain links to other sites. Please be aware that Casero is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. Casero Terms of Use statement applies solely to information collected by Casero’s website.
Intellectual Property
Content of the Site, including the text, images, software, any audio or video, as well as the compilation of any of the aforementioned content (“Site Content”), is the property of Casero and/or its licensors and is protected by Canadian and international copyright laws. All rights are reserved. The Site Content may not be copied or distributed in any way by any means without the express written consent of Casero. The Casero logo, the terms Casero Digital Media Suite, Casero Broadband Application Platform, Casero Photos, Casero Blogs, Casero Videos, Casero Music, Casero Backup and Storage, Casero Vault, Casero Homecam and Casero Frames are the property of Casero and may only be reproduced with the express written authorization of Casero. All other logos, marks, trademarks, service marks, service, product and/or company names that appear within the Site or any third party hyperlink remain the property of their respective owners.
Modification of Site and Terms
Casero reserves the right from time to time, without notice to you, to modify, discontinue on a temporary or permanent basis the Site and any Site Content including any links to any third parties and to change or modify in its sole discretion the Terms. Any use by you will be subject to any modified terms.
General Terms
This agreement with you is personal to you and cannot be assigned by you. The Site is administered under the control of Casero within Canada. The Terms shall be interpreted and construed in accordance with the domestic laws of the Province of Ontario and Canada without any reference to its conflicts of laws principles. The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms. You agree to comply with your local law to the extent that you use or access this Site outside Canada. Each of Casero and you agree that any Claims, if outstanding, will be referred to and finally settled with respect to any and all matters related to a Claim by private and confidential binding arbitration in English before a single arbitrator held in the Toronto, Ontario, Canada pursuant to the Arbitration Act, 1991 (Ontario). Notwithstanding anything to the contrary with respect to the foregoing, you agree that any breach of Casero’s or its Licensor’s intellectual property rights would cause irreparable harm to Casero and/or its Licensors that could not be compensated solely by monetary damages and that Casero reserves the right to pursue the protection of Casero’s intellectual property rights or those of its Licensors through injunctive relief or other equitable relief through any court of competent jurisdiction.