End User License Agreement
Copyrights: All content and functionality on theCaydengroup.com, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Cayden and its affiliates and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Trademarks: The trademarks, service marks, designs, and logos displayed on theCaydengroup.com are the registered and unregistered Trademarks of Cayden and its affiliates. You agree that you will not refer to or attribute any information to Cayden and its affiliates publically for any purposes and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Cayden or its affiliates.
Use of site content: Cayden hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content displayed on theCaydengroup.com on any single computer solely for your internal, business use, provided that you do not modify the content in any way and that you retain all copyright and other proprietary notices displayed herein. You may not otherwise reproduce, modify, summarize, distribute, transmit, post, or disclose theCaydengroup.comcontent without Cayden’s authorized representative’s prior written consent.
User postings: You acknowledge and agree that Cayden shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on theCaydengroup.com and you hereby waive any claims against theCaydengroup.com for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Cayden’s use and publication of such submissions. You agree that you shall not post or otherwise publish on theCaydengroup.com any materials that (a) are threatening, libelous, defamatory, or obCaydenne; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Cayden does not and cannot review all information posted to theCaydengroup.com by users and is not responsible for such information. However, Cayden reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
Notices of infringement: Cayden prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content herein, please contact Cayden at [email protected] giving as much information as possible. Cayden will investigate and advise.
Governing law; jurisdiction: The terms herein are governed by the laws of the State of New Jersey without reference to the principles of conflicts of laws thereof. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (the “Rules”) and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will be selected pursuant to the Rules from a panel of persons having experience with and knowledge of the industry. The place of arbitration shall be a mutually agreeable location in New Jersey, and the laws of the State of New Jersey shall govern the dispute. The arbitration shall be conducted in the language in which the contract was written. It is the intent of the Parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 60 days from the date the arbitrators are appointed. The arbitral tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. The panel’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the Rules of the American Arbitration Association. In the event a party fails to proceed with arbitration, unsuccessfully challenges the panel’s award, or fails to comply with the panel’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
ALL CONTENT AND FUNCTIONALITY HEREIN IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cayden, ITS AFFILIATES AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY HEREIN. Cayden SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER Cayden, ITS AFFILIATES NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.