Terms of Use: Better Buying E-Learning

These Terms of Use (“Terms”) form a binding agreement between you (“User”) and Cascale, Inc. (“Company,” “we,” “us,” or “our”) governing your access to and use of the e-learning content, materials, and related services (collectively, the “Content”). BY ACCESSING OR USING THE CONTENT, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE CONTENT.

LICENSE GRANT. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Content solely for your personal or internal educational purposes. No rights are granted except as expressly set forth in these Terms.

TERM AND ACCESS PERIOD. Your right to access and use the Content is granted for a limited period of three (3) months commencing on the date that Company provides you with access credentials (the “Term”). Your access rights will automatically expire at the end of the Term unless otherwise extended by Company. Company may, in its sole discretion, permit renewal or extension of access under then-current terms.

ACCESS AND ACCOUNT SECURITY. You are responsible for all activity occurring under your account and for maintaining the confidentiality of any login credentials associated with your access to the Content. You may not share your credentials or permit any third party to access the Content using your account. You agree to notify Company promptly of any unauthorized use or security breach.

PERMITTED USE. You may access and use the Content solely for lawful purposes and for internal learning and educational use. Any use outside the scope of this Section is prohibited.

RESTRICTIONS. You shall not, directly or indirectly, copy, reproduce, distribute, transmit, display, or otherwise make the Content available to any third party. You shall not modify, translate, adapt, or create derivative works based on the Content. You shall not sell, license, sublicense, rent, lease, or otherwise commercially exploit the Content. You shall not use the Content to develop or support any competing product or service. You shall not circumvent, disable, interfere with, or otherwise bypass any security features or access controls. You shall not access, use, or collect the Content through automated means, including bots, crawlers, or scraping tools, or use the Content for the purpose of training, fine-tuning, or otherwise developing any artificial intelligence or machine learning models or systems. You shall not misuse, misrepresent, or falsely claim any certification, completion status, or credential associated with the Content. You shall not use the Content in violation of any applicable law or any third-party rights.

OWNERSHIP AND INTELLECTUAL PROPERTY. The Content, including all text, graphics, images, audio, video, software, course materials, assessments, certifications, design, structure, sequence, organization, and all other materials, together with all updates, modifications, enhancements, and derivative works thereof, and all intellectual property rights therein, are and shall remain the exclusive property of Company and its licensors. Except for the limited license expressly granted under these Terms, no right, title, or interest in or to the Content is transferred to you, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved by Company. You acknowledge that the Content constitutes valuable proprietary information and trade secrets of Company. You shall not take any action inconsistent with Company’s ownership rights or that may compromise, limit, or interfere with such rights. Without limiting the foregoing, you shall not directly or indirectly use the Content, or any portion thereof, to develop, create, or assist in the development or creation of any product, service, or materials that are competitive with or substantially similar to the Content. Any unauthorized use of the Content may result in immediate suspension or termination of access and may subject you to legal action.

AVAILABILITY AND CHANGES. Company reserves the right, in its sole discretion, to modify, update, suspend, or discontinue the Content, in whole or in part, at any time and without notice. Company makes no representation or warranty that the Content will be available at all times or without interruption. The Content may be provided through third-party platforms, and Company is not responsible for the operation or availability of such platforms.

EDUCATIONAL PURPOSE; NO RELIANCE. The Content is provided solely for informational and educational purposes and does not constitute legal, financial, business, or other professional advice. You acknowledge and agree that you are solely responsible for any decisions made or actions taken based on the Content and that you do not rely on the Content as a substitute for your own professional judgment.

FEEDBACK. Any feedback, suggestions, or materials provided by you to Company shall be deemed non-confidential and non-proprietary. You hereby grant Company a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, and otherwise exploit such feedback for any purpose without compensation or attribution.

DISCLAIMER OF WARRANTIES. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE CONTENT, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE CONTENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Company and its affiliates, officers, directors, and employees from and against any and all claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or relating to your access to or use of the Content, your violation of these Terms, or your violation of any applicable law or third-party rights.

TERMINATION. Company may, in its sole discretion, suspend or terminate your access to the Content at any time and for any reason, including if Company believes that you have violated these Terms. Upon termination, all rights granted to you under these Terms shall immediately cease.
MISCELLANEOUS. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in New York, and you hereby consent to the jurisdiction and venue of such courts. These Terms constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, communications, and understandings. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. You may not assign or transfer these Terms without Company’s prior written consent, and any attempted assignment in violation of this provision shall be null and void. Company may assign these Terms without restriction.