ACCEPTANCE OF TERMS
The following Terms of Conditions Agreement (the “TOC”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with CASoft, LLC located at 22722 29th Drive SE Suite 100, Bothell, Washington 98021, and our subsidiaries and affiliates, in association with the use of the website, which includes CASoft (the “Site”) and its Services, which shall be defined below.
All users herein agree to insure and hold CASoft, LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to CASoft, LLC’s sites.
CASoft, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either CASoft, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that CASoft, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
CASoft, LLC may furnish you with notices, including those with regards to any changes to the TOC, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOC by accessing our Services in an unauthorized manner. Your acceptance of this TOC constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the CASoft, LLC trademarks, copyright, trade name, service marks, and other CASoft, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of CASoft, LLC. You herein agree not to display and/or use in any manner the CASoft, LLC logo or marks.
This TOC constitutes the entire agreement between you and CASoft, LLC and shall govern the use of our Services, superseding any prior version of this TOC between you and us with respect to CASoft, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other CASoft, LLC Services, affiliate Services, third- party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and CASoft, LLC with regard to the TOC that the relationship between the parties shall be governed by the laws of the state of Washington without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOC, or the relationship between you and CASoft, LLC, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association and judgement upon the award rendered may be entered in County of King, Washington or the U.S. District Court located in said state. You and CASoft, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should CASoft, LLC fail to exercise or enforce any right or provision of the TOC, such failure shall not constitute a waiver of such right or provision. If any provision of this TOC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOC remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOC must be filed within 1 year after said claim or cause of action arose or shall be forever barred.