Terms of Service
Acceptance of the Terms of Service
Cauk.com USER AND MEMBERSHIP TERMS AND CONDITIONSThese site User and Membership Terms and Conditions govern your use and access to and/or membership in, the following network of Websites, which currently includes: www.CAUK.com.TERMS AND CONDITION SUMMARY
Cauk.com USER AND MEMBERSHIP TERMS AND CONDITIONSThese site User and Membership Terms and Conditions govern your use and access to and/or membership in, the following network of Websites, which currently includes: www.CAUK.com.TERMS AND CONDITION SUMMARY
- Account sharing is prohibited and your account will be blocked. You will need to email us at support@CAUK.com to restore access to your account.
- Monthly membership renews automatically unless cancelled. To cancel your membership, please email email@example.com
- All Materials included on the www.CAUK.com, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of CAUK or its content suppliers and is protected by United States and international copyright laws.
- Images and Content
CAUK contains images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other World Wide Web CAUK owned, operated, licensed, or controlled by CAUK (collectively, Materials). All Materials displayed on CAUK are protected by the First Amendment rights to Free Speech, Free Expression and Freedom of the Press, and parallel provisions of other constitutions. You acknowledge that CAUK may offer online content that could be deemed Adult or Erotic in nature. Additionally, you are on notice that some of the Materials presented on CAUK may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit, offending, or disturbing activities. You acknowledge that you are aware of the nature of the Materials provided by CAUK, that you are not offended by such Materials and that you access CAUK freely, voluntarily and willingly. You also acknowledge that this CAUK is intended to contain only images protected by the First Amendment to the United States Constitution. If you are seeking information regarding illegal activities, please leave this CAUK immediately. You are further aware of the community standards of your community, and you will only access the content on CAUK if you believe, upon diligent investigation, that the content on CAUK does not offend the community standards prevalent in your community. You further agree not to use or access CAUK if doing so would violate the laws of your state, province or country.
- Age of Majority and Membership
- Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit CAUK immediately and may not use or access CAUK or print or download any Materials from them. You may be asked to verify your birth date on the Birth Date Verifier form as a condition of entry onto CAUK, pursuant to 28 U.S.Section 746. You agree not to bypass any security and/or access feature on this CAUK. Additionally, CAUK does not assume any responsibility or liability for any misrepresentations regarding a users age.
Membership may not be assigned, transferred, or sold to a third party. CAUK and its affiliates disclaim any and all liability arising from fraudulent entry and use of CAUK. If a user fraudulently obtains access, CAUK may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.
- No Child Pornography
You understand that all models appearing on this CAUK are, and were at the time of all recorded images, at least 18 years of age, and that our CAUK contains no child pornography. If you seek any form of child pornography, you must exit this CAUK immediately. You acknowledge that all Materials on CAUK are protected by the First Amendment. We take a strong and definite stand against child pornography and only allow images and Materials that are protected by the First Amendment. If you identify any images, real or simulated, depicting minors engaged in sexual activity within CAUK, please report the images to CAUK. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors access to harmful material.
- Access to, Limited License, and Interference with, CAUKA.
To access CAUK or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all information you provide will be correct, current, and complete. If CAUK believes the information you provide is not correct, current, or complete, then CAUK has the right to refuse you access to CAUK website or any of its resources, and to terminate or suspend your access at any time.
This website was created using 'Responsive Design' and is currently compatible with most popular internet devices. Currently it has been tested and is working with Mac computers, PC Computers, Laptops, Macs, iPads, iPhones and most Galaxy and Android tablets. The site can additionally be viewed on most smart TVs with the ability of plugging in with an HDMI cable or viewing from your computer using AirPlay. There may be some devices where you will need to install a special browser to view the site, or even where the site does not yet work at all. We are constantly striving to stay on top of new technologies to offer the website in as many formats as possible, so if you are unsure, please contact our tech support team at firstname.lastname@example.org and we will be happy to answer any questions about your specific device.
- Limited License
Subject to these Terms and Conditions and in consideration of using the site, CAUK hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the site and the Materials contained therein. The site provides the Materials on this site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said site. Users of CAUK are granted a single copy license to view Materials (on a single computer only). All Materials on the site shall be for private non-commercial use only, and all other uses are strictly prohibited. CAUK reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the site, or any of the Materials contained therein. Any unauthorized use of CAUK site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access CAUK site for its intended purpose and is not a transfer of title. You represent and warrant that you will not allow any minor access to CAUK and that you will not copy or redistribute any of the content appearing on this CAUK. CAUK reserves the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from CAUK. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble or make derivative works from our CAUK's Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce CAUK, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage CAUK or any communications on it.
- Restrictions on Use of CAUK
You may use CAUK site only for purposes expressly permitted by the Terms and Conditions of CAUK site. You may not use the site for any other purpose, including any commercial purpose, without CAUK's express prior written consent. Without the express prior written authorization of CAUK, you may not: (a) duplicate CAUK site or any of the Materials contained therein (except as expressly provided above in Paragraph IV); (b) create derivative works based on the site or any of the Materials contained therein; (c) use the site or any of the Materials contained therein for any public display, public performance, sale or rental; (d) re-distribute the site or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the site or any of the Materials contained therein; (g) use any meta-tags or any other hidden text using the site name or marks; (h) deep-link to any page of the site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the site (including the theft of user names and passwords or using another persons user name and password in order to gain access to a restricted area of the site); (j) use any data mining, robots or similar data gathering and extraction tools on the site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Paragraph IV above; or (m) bookmark any page of the site beyond the registration log-in screen. You agree to cooperate with the site in causing any unauthorized use to cease immediately. At any time, if the site provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the site or other services included on the site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the site shall terminate all your rights under this Agreement.
You are responsible for providing all equipment and the computer necessary to access CAUK. You may access the non-public portion of CAUK only by being a member in good standing to CAUK. CAUK site reserves the right to modify Materials and CAUK's design at anytime, with or without prior notice.
You may become a member of CAUK site by completing an online registration form, which must be accepted by CAUK, and you must pay the subscription fee. Upon submission of the online registration form, CAUK or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform CAUK of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for CAUK. If you provide any information that is untrue, inaccurate, not current or incomplete, or CAUK or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CAUK has the right to suspend or terminate your account and refuse any and all current or future use of CAUK, as well as subjecting you to criminal and civil liability.
- Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of CAUK. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to CAUK to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to view the content on CAUK. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. CAUK will not release your password for security reasons. You agree to (a) immediately notify CAUK of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of CAUK until you notify CAUK by email regarding that unauthorized use. Unauthorized access to CAUK is illegal and a breach of this Agreement. You indemnify CAUK against all activities conducted through your account. You may obtain access to your billing records regarding charges of your use of CAUK upon request.
- Membership Fees
Subscriber's subscription to the service will be automatically renewed as stated below upon expiration of the initial term, unless CAUK is notified that you wish to cancel your membership. The trial membership renews at the monthly rate if the subscriber has not cancelled 24 hours prior to the expiration date. Monthly membership renews at the monthly rate if the subscriber has not cancelled 72 hours prior to expiration. Membership fees to the site are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. CAUK reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by CAUK, with or without prior notice to you, at any time. THIS site USES AN AUTOMATIC REBILL CYCLE ACCORDING TO THE USERs SELECTED PAYMENT OPTION.
- Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
- Download Limit
CAUK uses streaming technology to prevent downloads and protect ourselves against piracy. We do not allow Download scrapers, or any other illegal means to download content for the purpose of sharing files or screening them in any way without permission. The system can detect unusual activity and your account will be immediately blocked, which could result in termination, if we find that you are using our CAUK illegally.
- Refund Policy
If you are not satisfied with CAUK you can cancel at any time. Refunds can be offered if you are unable to access CAUK and no one can assist you, within 48 hours. If you are completely unsatisfied with CAUK for any reasons, you may also contact us to sort out the issue, and if there is no way we can assist you or fix the problem we may elect to offer a refund.
You may cancel your membership at any time by emailing email@example.com. Once your email is received by us your cancellation will be processed within 72 hours.
You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of CAUK. This Agreements provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of CAUK to which you were a member. Without limiting other remedies, CAUK may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of CAUK and refuse to provide our services to you at any time, with or without advance notice, if: (a) CAUK believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) CAUK decides to cease operations or to otherwise discontinue any of CAUK or parts thereof. Further, you agree that neither CAUK nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to CAUK. You agree that if your account is terminated by CAUK, you will not attempt to re-register as a member without prior written consent from CAUK.
- Disclaimer of Warranty
You expressly agree that use of CAUK site or any of the materials contained therein is at your own and sole risk. CAUK and all materials contained therein are provided as is without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. CAUK makes no representations or warranties that the site or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does CAUK make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of CAUK website or any of the materials contained therein. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of CAUK or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that CAUK cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. CAUK does not assume any responsibility or risk for your use of the internet. CAUK makes no warranty regarding any goods or services purchased or obtained through the site or any transaction entered into through the site and is not responsible for any use of confidential or private information by sellers or third parties. CAUK's owner may change any of the information found at this site at any time without notice including the terms of service without notice. CAUK makes no commitment to update the information found at this site. CAUK makes no commitment to update the materials. the warranties and representations set forth in this agreement are the only warranties and representations with respect to this agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
The provision of any services which is in violation of any laws is strictly prohibited. If we determine that you or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use CAUK will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may arise should you violate any law. you do also hereby agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with CAUK. CAUK contains material that may be offensive to third parties. You do hereby agree to indemnify and hold us harmless from any liability that may arise from reviewing such material and warrant and agree to cease review of CAUK site should you find it offensive. If you are seeking services that are in violation of any applicable laws whatsoever, you may not use this site and do hereby agree to exit it immediately. thus, all disputes relating to the online store shall be directed to the store, and not CAUK site.
- Limitation of Liability
In no event shall CAUK (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any persons use, misuse, or inability to use CAUK or any of the materials contained therein, even if CAUK has been advised of the probability of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if CAUK has been advised of the possibility of such damages. In no event shall CAUK maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of a CAUK or CAUK for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- You agree to defend, indemnify, and hold harmless the site, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another persons authority including without limitation to governmental agencies, use, misuse, or inability to use the site or any of the Materials contained therein, or your breach of any of these Terms and Conditions. CAUK shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
- You also realize that by signing up to this website we may, from time to time, email you with special offers related to CAUK/network of sites you have signed up to and to hold us harmless for such emails.
- Links and Linking
- Trademark Information
This site and the aforementioned names of the sites are service marks and/or trademarks of the site. We aggressively defend our intellectual property rights. Other manufacturers product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. The sites marks, logos, domains, and trademarks may not be used publicly except with express written permission from CAUK, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits CAUK.
- Copyright Information
The Materials accessible from CAUK, and any other World Wide Web Site owned, operated, licensed, or controlled by CAUK, is the proprietary information and valuable intellectual property of CAUK or the party that provided the Materials to CAUK, and CAUK or the party that provided the Materials to CAUK retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of CAUK, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates CAUK's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to CAUK. All Materials included on CAUK, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of CAUK or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on CAUK is the exclusive property of CAUK or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
- Notice of Claimed Infringement
CAUK respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CAUK's Designated Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on a CAUK; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) 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 owners behalf. You may send your Notice of Claimed Infringement to: firstname.lastname@example.org
- Notice and Takedown Procedures
CAUK implement the following Notice and takedown procedure upon receipt of any notification of claimed copyright infringement. CAUK reserve the right at any time to disable access to, or remove any material or activity accessible on or from CAUK or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of CAUK to terminate the account of repeat copyright infringers, when appropriate, and CAUK will act expeditiously to remove access to all material that infringes on anothers copyright, according to the procedure set forth in 17 U.S.§12 of the Digital Millennium Copyright Act (DMCA). CAUK's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and Section 12 of the DMCA, but does comply with three requirements for identifying CAUK that are infringing according to Section 12 of the DMCA, CAUK shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, CAUK will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. CAUK reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
- Export Control
You understand and acknowledge that the software elements of the Materials on CAUK may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United States or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
- No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on CAUK, or personal delivery by commercial carrier such as FedEx or Airborne. Notices by customers to CAUK shall be given by electronic messages unless otherwise specified in the Agreement.
- Change of Address
Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
- When Notice is Effective
Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
- Refused, Unclaimed, or Undeliverable Notice
Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
- Communications Not Private
CAUK does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to CAUK shall be deemed to be readily accessible to the general public. Visitors should not use this CAUK to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this CAUK can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
- Force Majeure
CAUK shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay CAUK's performance.
- General Provisions
- Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United States. The parties hereby submit to the personal jurisdiction of the state and federal courts of the US. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in US.
- Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other partys breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
- Binding Arbitration
If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable workers compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Seminole County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
- Attorneys Fees
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys fees and costs incurred in connection therewith, including attorneys fees incurred on appeal.
- No Waiver
No waiver of the site shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
- Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of CAUK site and the Materials contained therein, and your membership with the site, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
CAUK reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the site. Your continued use of the sit following the webistes posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. The site does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by site in writing, these Terms and Conditions may not be amended by you.
- Government Rights
The software elements of the Materials have been developed at private expense and are Commercial computer software or Restricted computer software within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense. You further agree not to upload to our CAUK any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
- Other Jurisdictions
CAUK makes no representation that the site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the site from such locations do on their own initiative and are solely responsible for compliance with all applicable local laws.