Terms of Service

Last Updated: February 23, 2021

Welcome, and thank you for your interest in Kaskada Inc. (“Kaskada,” “we,” or “us”) and our website at https://kaskada.com/, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Kaskada regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING KASKADA’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND KASKADA’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY KASKADA AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND KASKADA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16.)

  1. Kaskada Service Overview. Kaskada is a machine learning company that empowers data scientists to collaborate and achieve repeatable success with machine learning in production. Kaskada’s feature engineering platform provides a collaborative interface for data scientists and robust data infrastructure for computing, storing, and serving features in production.
  2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@kaskada.com.
  4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

    4.1 Price. Kaskada reserves the right to determine pricing for the Service. Kaskada will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Kaskada may change the fees for any feature of the Service, including additional fees or charges, if Kaskada gives you advance notice of changes before they apply. Kaskada, at its sole discretion, may make promotional offers with different features and different pricing to any of Kaskada’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

    4.2 Authorization. You authorize Kaskada and its third party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Kaskada, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Kaskada or its third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

    4.3 Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Kaskada or its third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The “Subscription Fee” will be detailed when and if you opt to upgrade to a paid version of the Service. You will also be able to view the Subscription Fee in your account after subscribing. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Kaskada or its third party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at: support@kaskada.com. You will be able to update your subscription within your account if you subscribe to a paid version of the Service.

    4.4 Delinquent Accounts. Kaskada may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

  5. Licenses

    5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Kaskada grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

    5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) publish, perform, display or otherwise provide access to all or any part of the Service to any third party; (b) modify or create derivative works of the Service or associated materials, or any part thereof; (c) copy or reproduce the Service or any associated materials, in whole or in part; (d) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Service; (e) disclose, distribute, encumber, sell, rent, lease, sublicense or transfer the Service or associated materials, or use the Service or associated materials in a timesharing or service bureau arrangement; (f) use or permit the use of the Service in violation of applicable law, or in any way that may result in all or any part of the Service falling into the public domain; (g) remove or obscure any copyright or other proprietary rights marks or legends, including any references to Kaskada’s or its licensors’ names, contained in or on the Service or associated materials; (h) use information obtained through use of the Service to create a competitive product or service; (i) use the Service for purposes of benchmarking or other comparative analysis against third party products or services; (j) access the Service if Participant is employed by, or otherwise associated with, a direct competitor of Kaskada, except with Kaskada’s explicit written consent that voids this restriction; or (k) transfer any rights granted hereunder. If you are prohibited under applicable law from using the Service, you may not use it.

    5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Kaskada an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

  6. Ownership; Proprietary Rights. The Service is owned and operated by Kaskada. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Kaskada are protected by intellectual property and other laws. All Materials included in the Service are the property of Kaskada or its third party licensors. Except as expressly authorized by Kaskada, you may not make use of the Materials. Kaskada reserves all rights to the Materials not granted expressly in these Terms.
  7. Data

    7.1 User Data.

    a. Limited License Grant to Kaskada. You hereby grant to Kaskada the right to collect, obtain, transmit, store, maintain, use, transfer, transmit, disclose, and otherwise process data that you input into the Service (“User Data”) to provide the Service and as otherwise set forth in this Agreement and our Privacy Policy. You acknowledge and agree that Kaskada may share User Data with other users of the Service for any lawful purpose with your consent. User Data does not include Sample Data (defined below), or any data provided by on or behalf of Kaskada.

    b. User Data Representations and Warranties. Kaskada disclaims any and all liability in connection with User Data. You are solely responsible for your User Data and the consequences of providing User Data via the Service. By providing User Data via the Service, you affirm, represent, and warrant that: i. you are the creator and owner of the User Data, or have the necessary licenses, rights, consents, and permissions to authorize Kaskada and users of the Service to use your User Data as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Kaskada, the Service, and these Terms; and ii. your User Data, and the use of your User Data as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Kaskada to violate any law or regulation.

    c. User Data Disclaimer. We are under no obligation to edit or control User Data that you or other users upload, and will not be in any way responsible or liable for User Data. Kaskada may, however, at any time and without prior notice, screen, remove, edit, or block any User Data that in our sole judgment violates these Terms or is otherwise objectionable.

    7.2 Sample Data. Kaskada may provide to you sample data sets (“Sample Data”) that you may use to test and evaluate the Service. The Sample Data is not owned by Kaskada and Kaskada makes no representations or warranties with respect to the Sample Data, including but not limited to its completeness or accuracy. Parts of Sample Data may have explicit restriction for non-commercial use from its respective licensors, and you are solely responsible for understanding and adhering to any usage restrictions related to those data sets. You may use or otherwise process Sample Data only for your use in a non-production environment unless otherwise agreed to in writing by Kaskada. For the avoidance of doubt, you may not (and may not permit any third party to) use, process, transfer, transmit, disclose, share, rent, license, or sell (“Process”) Sample Data except as explicitly set forth in these Terms. You acknowledge and agree that Kaskada may delete Sample Data without notice and/or require you to cease using Sample Data immediately. In the event Kaskada requires you to cease using Sample Data, you will cease such usage immediately unless otherwise instructed by Kaskada.

    7.3 Usage Data. You acknowledge and agree that Kaskada may collect, create, obtain, transmit, store, maintain, use, transfer, transmit, disclose, and otherwise process data generated or derived from your use of the Service (“Usage Data”) for any purpose.

    7.4 Data Retention. If you are a user of the a free tier of our Service, we will retain your User Data for three (3) months from the date you provide it to us. If you wish for us to retain your User Data for longer than three (3) months, you must upgrade to a valid paid tier or contact us at support@kaskada.com.

  8. Third Party Terms

    8.1 Third Party Services and Linked Websites. Kaskada may provide tools through the Service that enable you to export information, including User Data, to third party services. By using one of these tools, you agree that Kaskada may transfer that information to the applicable third party service. Third party services are not under Kaskada’s control, and, to the fullest extent permitted by law, Kaskada is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Kaskada’s control, and Kaskada is not responsible for their content.

    8.2 Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

  9. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

    a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

    b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

    c. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

    d. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

    e. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;

    f. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials;

    g. use the Service for purposes of storing data;

    h. intentionally misuse the service by excessive quantity of User Data, quantity of requests, or otherwise in order to cause outages or disruptions in the Service; or

    i. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

  10. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  11. Confidential Information

    11.1 Definition. "Confidential Information" means: (a) the Service, and any, images, functionality, and other information relating to, the Service (including, without limitation, all Feedback); (b) any business or technical information of Kaskada, including, but not limited to, any information relating to Kaskada’s product plans, designs, costs, product prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how that is designated by Kaskada as “confidential” or “proprietary”; and (c) any other information that you should reasonably know should be treated in a confidential manner under the circumstances of disclosure or by the nature of the information itself.

    11.2 Restrictions. You agree that you will not use or disclose any Confidential Information, except as necessary for the performance of these Terms. You agree that you will use all reasonable efforts to protect Confidential Information from unauthorized use or disclosure. The obligations in this Section 11.2 will not apply to the extent any information: (a) is or becomes generally known to the public through no fault or breach of this Agreement by you; (b) is rightfully known by you at the time of disclosure without an obligation of confidentiality; (c) is independently developed by you without access to or use of any Confidential Information of Kaskada as shown by your files and records prior to the time of disclosure; or (d) is rightfully obtained by you from a third party without restriction on use or disclosure. Further, any combination of Confidential Information with non-confidential information shall not be deemed to be within the exceptions merely because one or more individual items of Confidential Information are within the above exceptions.

  12. Term, Termination and Modification of the Service

    12.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 12.2.

    12.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Kaskada may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at support@kaskada.com. If you elect to terminate your Subscription Service your subscription will continue until the end of your subscription period which is located in your account. If Kaskada elects to terminate your Subscription Service without cause then Kaskada will issue to you a partial refund based on the pro-rata portion of unused Subscription Services. No refunds will be issued if Kaskada terminates your Subscription Service due to your breach of these Terms.

    12.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Kaskada any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11, 12.3, 13, 14, 15, 16, and 17 will survive.

    12.4 Modification of the Service. Kaskada reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Kaskada will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. If Kaskada elects to discontinue the Subscription Service then Kaskada will issue to you a partial refund based on the pro-rata portion of unused Subscription Services.

  13. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Kaskada and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Kaskada Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  14. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KASKADA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KASKADA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND KASKADA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR KASKADA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE KASKADA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER DATA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Kaskada does not disclaim any warranty or other right that Kaskada is prohibited from disclaiming under applicable law.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE KASKADA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY KASKADA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 16.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE KASKADA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO KASKADA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Dispute Resolution and Arbitration

    16.1 Generally. In the interest of resolving disputes between you and Kaskada in the most expedient and cost effective manner, and except as described in Section 16.2 and 17.2, you and Kaskada agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KASKADA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    16.2 Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

    16.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter to Kaskada Inc., Attention: Legal Department – Arbitration Opt-Out, 1501 Fourth Avenue, Suit 2850, Seattle, Washington 98101, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Kaskada receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

    16.4 Arbitrator. Any arbitration between you and Kaskada will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Kaskada. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

    16.5 Notice of Arbitration; Process. 16.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Kaskada’s address for Notice is: Kaskada Inc., 1501 Fourth Avenue, Suit 2850, Seattle, Washington 98101. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Kaskada may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Kaskada must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Kaskada in settlement of the dispute prior to the award, Kaskada will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

    16.6 Fees. If you commence arbitration in accordance with these Terms, Kaskada will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Kaskada for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

    16.7 No Class Actions. YOU AND KASKADA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kaskada agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

    16.8 Modifications to this Arbitration Provision. If Kaskada makes any future change to this arbitration provision, other than a change to Kaskada’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Kaskada’s address for Notice of Arbitration, in which case your account with Kaskada will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

    16.9 Enforceability. If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if Kaskada receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.

  2. Miscellaneous

    17.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Kaskada regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    17.2 Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Kaskada submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

    17.3 Marketing Materials. You agree that Kaskada has the right to use any comments, testimonials, or feedback from you for promotional, marketing, community building or other purposes on its website, in sales presentations, marketing vehicles and related activities.

    17.4 Privacy Policy. Please read the Kaskada Privacy Policy, at https://kaskada.com/privacy and any successor location, carefully for information relating to our collection, use, storage, disclosure of your personal information. The Kaskada Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    17.5 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    17.6 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    17.7 Contact Information. The Service is offered by Kaskada Inc., located at 1501 Fourth Avenue, Suit 2850, Seattle, Washington 98101. You may contact us by sending correspondence to that address or by emailing us at support@kaskada.com.

    17.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    17.9 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

    17.10 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

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