Cascade Foods LLC
Rev. March 2021
Welcome and thank you for visiting cascadefoods.com (this “Website”) , a Website operated by Cascade Foods LLC, a limited liability company (“Cascade Foods”). By accessing or using this Website, you as the user (“you”) agree to be bound by the following terms and conditions (these “Terms”).
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.
The Website is intended for individuals 18 years of age or older. By using or accessing the Website, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years of age or do not agree with these Terms, do not use or access the Website.
- Use of this Website.
- License. On the condition that you comply with all of your obligations under these Terms, Cascade Foods grants you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access this Website with a generally available web browser to view information and use this Website. Any other use of this Website is strictly prohibited and a violation of these Terms. Cascade Foods reserves all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in this Website and all related items.
- Revision of these Terms. Cascade Foods reserves the right to update these Terms from time to time by posting new Terms on this page. You are advised to consult these Terms regularly for any changes. Your continued use of the Website after such changes have been made constitutes acceptance of those changes. The last revision date is at the top of this page.
- Cessation of Service. Cascade Foods reserves the right to modify, terminate, and suspend the operation of this Website, without notice or liability, at any time and for any or no reason in its sole and absolute discretion.
- Content. The Website is for general informational purposes only, and may not be up-to-date, accurate, or complete. The content that is made available in connection with this Website, including the written copy, visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software, and all other elements and components of this Website (the “Website Content”), should not be construed as professional advice. Cascade Foods does not assume any responsibility for the Website Content and will not be liable for any damages or injury arising from your use or reliance upon the Website Content or your access to, or inability to access, such information. Before you act on any Website Content, you should independently confirm any facts that are important to your decision. You use the Website Content at your own risk.
- Conduct. You agree that you will not:
- violate any of Cascade Foods’ rights or use this Website to violate the rights of any third party such as copyright or trademark rights;
- copy information from this Website except as necessary for your personal, non-commercial use to view, save, print, fax, or e-mail such information;
- otherwise reproduce, modify, distribute, display, or provide access to this Website or the Website Content;
- create derivative works from, decompile, disassemble or reverse engineer any portion of this Website;
- upload to or distribute through this Website any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses, or other components designed to commandeer, limit or harm the functionality of a computer;
- remove or modify any copyright or other intellectual property notices that appear on this Website;
- access or use this Website in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, this Website, its computer systems, or network;
- attempt to gain unauthorized access to any of this Website’s computer systems or networks;
- use this Website in any way that is unlawful, harms Cascade Foods’ business, Cascade Foods’ service providers, licensors, representatives or any other user, or breaches any policy or notice on this Website;
- charge any person for access to any portion of this Website or any information on this Website;
- engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Website; and
- assist, encourage, or enable others to do any of the preceding prohibited activities.
- Intellectual Property.
- Content of this Website. Cascade Foods owns all of the Website Content. Cascade Foods also owns the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with this Website and the Website Content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws. Notwithstanding the foregoing, Cascade Foods agrees that your information provided by you under these Terms shall remain, as between you and Cascade Foods, owned by you.
- Restrictions. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Website Content in whole or in part, except as expressly authorized by the applicable rights holder. Cascade Foods does not transfer to you any of Cascade Foods’ technology or other intellectual property or technology rights. All right, title and interest in and to Cascade Foods’ technology and intellectual property will remain solely with Cascade Foods.
- Indemnification. You agree to indemnify, defend and hold Cascade Foods, as well as Cascade Foods’ affiliates, suppliers, licensors, and partners, including the shareholders, officers, directors, managers, members, partners, trustees, employees, agents and representatives of each of them (collectively, the “Cascade Foods Parties”) harmless from any and all claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to your access to or use of this Website or your violation of these Terms. Cascade Foods reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the Cascade Foods Parties, and you agree to cooperate with Cascade Foods’ defense of such claims. You agree not to settle any such matter without Cascade Foods’ prior written consent. Cascade Foods will use reasonable efforts to notify you of any such claim, action, or proceeding when Cascade Foods becomes aware of it. Each of the Cascade Foods Parties is an express third party beneficiary of this indemnification provision, with full rights to enforce its terms.
- Limitations of Liability.
- No Consequential Damages. Cascade Foods shall not be liable for any indirect, special, incidental, exemplary, punitive or consequential loss or damage of any kind, including without limitation, lost business or profits, whether arising in tort (including negligence), equity, breach of contract or otherwise (and whether or not such damages are foreseeable or Cascade Foods has been advised of the possibility of such loss or damage). In no event will any of the officers, trustees, directors, partners, employees, consultants, beneficiaries, joint venturers, members, stockholders, or other principals or representatives of Cascade Foods, ever be personally liable to you under, arising out of, or related to these Terms (including for direct or consequential damages), and you hereby waive the right to recover damages from any such persons.
- Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE CASCADE FOODS PARTIES’ MAXIMUM AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. If applicable law limits the application of the above limitation of liability, Cascade Foods’ liability will be limited to the maximum extent permitted by law.
- Disclaimer of Warranties. THIS WEBSITE IS PROVIDED “AS IS,” AND CASCADE FOODS: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT WARRANT THAT THIS WEBSITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS WEBSITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF CASCADE FOODS TO ANY THIRD PARTY. USE OF THIS WEBSITE IS AT YOUR SOLE RISK. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, Cascade Foods does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets and Cascade Foods does not assume any liability hereunder for any of any patent, trademark, or copyright arising from the use of the Website or rights granted or provided by Cascade Foods hereunder.
- Digital Millennium Copyright Act Compliance; Notices. Cascade Foods respects the intellectual property rights of others and expects users of the Website to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Cascade Foods’ designated agent for notice of alleged copyright infringement appearing on the Website is: Greg Riches Email: GregRiches@Cascadefoodsllc.com Filing a notice of infringement with Cascade Foods requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. All other notices or other correspondence to Cascade Foods under these Terms must be sent to the foregoing address.
- Governing Law. These Terms shall be governed by the laws of the State of Oregon, regardless of conflict of laws principles.
- Arbitration. Any dispute, controversy or claim arising out of or in connection with or relating to your use of this Website or these Terms, or any breach or alleged breach of these Terms, shall be submitted to a single arbitrator who shall be a retired judge and settled by final and binding arbitration administered by the Judicial Arbitration & Mediation Services, Inc., (“JAMS”) in accordance with the then existing JAMS Arbitration Rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Oregon. The arbitrator shall render an award and a written, reasoned opinion in support thereof. The arbitrator shall award reasonable attorneys’ fees and costs, including the arbitrator’s fees, to the prevailing party. The results of the arbitration shall be kept confidential except as required by applicable law or to file a motion to confirm the arbitrator’s award. Judgment upon the award rendered by the arbitrator shall be entered in any court having jurisdiction thereof. BY PROCEEDING UNDER THIS ARBITRATION CLAUSE, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS.
- Injunctive Relief. You acknowledge that any use of the Website or Website Content contrary to this Agreement may cause irreparable injury to Cascade Foods and its affiliates, and under such circumstances Cascade Foods and its affiliates will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
- Export Laws. You acknowledge that the Website and the Website Content may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer, or disclose any portion of the Website, the Website Content or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
- Beneficiaries. Except as otherwise expressly stated in these Terms, nothing in these Terms is intended to, nor will be deemed to, confer rights or remedies upon any third party.
- Amendments; Waivers. Cascade Foods may modify these Terms as provided in Section 1(b) (Revision of these Terms). These Terms may not be modified, amended, terminated, or waived, in whole or in part, by you except by a written instrument signed by Cascade Foods. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.
- Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.
- Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
- Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements, and understandings, whether oral or written, between the parties concerning the subject matter hereof.