Last Modified: August 15, 2022
Acceptance of Terms
No Guarantee of Income
OA CHEDDAR IS UNABLE TO OFFER ANY GUARANTEES AS TO ANY INCOME THROUGH ITS SERVICES. OA Cheddar does not assume any responsibility for your success or offer any guarantees of any nature whatsoever. OA Cheddar does not have any control or influence on your actions, or any customer’s decision to acquire any product promoted on our services on any third-party marketplace. You understand and accept that your income depends on your own individual capacity, expertise, experience, and efforts. You accept full responsibility for your financial performance in using OA Cheddar’s Services, and OA Cheddar will not be held liable for your success or failure to achieve any specific financial or career goals.
ALL INFORMATION AVAILABLE THROUGH OUR SERVICES IS MADE AVAILABLE FOR GENERAL INFORMATION PURPOSES ONLY AND IS PROVIDED TO YOU BY OA CHEDDAR ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED. OA CHEDDAR WILL NOT ASSUME ANY LIABILITY FOR ANY ERROR, OMISSION OR INACCURACY OF ANY INFORMATION PROVIDED THROUGH ITS SERVICES. In the event you identify any errors, omissions or inaccuracies on our website or otherwise, please be so kind to inform us at firstname.lastname@example.org or through the contact form on our website and provide us with the link to the page where you found the error. We will take steps to rectify any reported errors within 21 days of receipt of your email. YOUR DECISION TO USE THE INFORMATION RECEIVED THROUGH OUR SERVICES IS SOLELY AT YOUR OWN RISK.
By purchasing, using, or subscribing to our Services, you expressly agree that:
YOU WILL KEEP OA CHEDDAR CONTENT CONFIDENTIAL AND WILL NOT SHARE IT WITH ANYONE OUTSIDE OF YOUR PERSONAL ORGANIZATION.
YOU WILL NOT REPRODUCE, DISTRIBUTE, DISPLAY OR MAKE AVAILABLE ANY LISTS AND LEADS PROVIDED TO YOU BY OA CHEDDAR AS PART OF ITS SERVICE, TO ANY OTHER THIRD PARTY FOR COMMERCIAL GAIN.
You will not use the Service offered by OA Cheddar for conducting any unlawful, illegal or prohibited activity and you will only use the Website in compliance with all applicable laws and regulations;
You will not breach any terms and conditions of Third-Party applications or tools used by us to deliver our Services to you;
You will immediately notify OA Cheddar of any issues that you encounter during your use of our Service;
You will not modify, adapt, translate, or reverse engineer any portion of the Website;
You will not use any robot, spider, site scraping/retrieval application or any other automated routines in order to scrape any data/information from any part of the Website;
You will not reformat or frame any portion of the Website without the express written consent of OA Cheddar, which may be declined in our sole discretion;
You will not post or submit any content or material on any website, that falsely expresses or implies that such content or material is sponsored or endorsed by OA Cheddar; and
You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure.
IF WE DISCOVER THAT YOU HAVE VIOLATED ANY OF THE AFOREMENTIONED TERMS, WE RESERVE THE RIGHT TO BLOCK YOUR ACCOUNT AND TAKE ANY APPROPRIATE LEGAL ACTION TO ENSURE THE SAFETY OF OUR PLATFORM AND USERS.
All content available through our Services is either owned by or licensed to OA Cheddar and is protected in the United States of America and internationally by numerous laws and conventions including but not limited to copyright laws and trademark laws. YOU ARE NOT AUTHORIZED TO COPY, SELL, TRANSFER, LICENSE, SUBLICENSE, ASSIGN, REPRODUCE, REPUBLISH, DISASSEMBLE, DECOMPILE, REVERSE ENGINEER OR DISTRIBUTE ANY OA CHEDDAR CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF OA CHEDDAR. YOU SHALL NOT TO ADAPT, ALTER OR CREATE A DERIVATIVE WORK FROM ANY OA CHEDDAR CONTENT WITHOUT THE PRIOR WRITTEN PERMISSION OF OA CHEDDAR. You shall not remove any copyright, trademarks and any proprietary notices from any OA Cheddar content or information. We hereby grant you a limited, non-exclusive, non-transferable license to use OA Cheddar’s Services for your personal and non-commercial use only.
Copyright Infringement Claims
We respect the intellectual property rights of others. If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Services, please inform us at email@example.com and provide us with the following information: identification of the material or content that is claimed to be infringing your copyrighted works; your contact information including your name, phone number, and email address; a statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us regarding the copyright infringement; and a statement by you that all information provided by you to us is accurate and complete.
Disclaimer of Warranties
ALL SERVICES ARE PROVIDED BY OA CHEDDAR ON AN “AS IS” AND “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OA CHEDDAR DISCLAIMS ALL WARRANTIES THAT ARE NOT EXPRESSLY REFERENCED HEREIN, INCLUDING BUT NOT LIMITED TO: WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, AND COMPLETELY SECURE; ANY SPECIFIC RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE; AND THAT CONTENT ON THE PLATFORM IS CURRENT, ACCURATE, COMPLETE, RELIABLE OR ERROR-FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OA CHEDDAR, ITS FOUNDERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF OA CHEDDAR’S SERVICES EVEN IF OA CHEDDAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS LIMITATION OF LIABILITY APPLIES TO DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER DISPUTE ARISING FROM OR ASSOCIATED WITH ANY ASPECT THE SERVICES OR CONTENT PROVIDED BY OA CHEDDAR.
IN NO EVENT SHALL OA CHEDDAR BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION STRICT LIABILITY AND NEGLIGENCE), FOR LOST PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY, OR SIMILAR ECONOMIC LOSS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF OA CHEDDAR’S SERVICES AND THESE TERMS.
UNLESS PROHIBITED BY APPLICABLE LAW, OA CHEDDAR IS LIMITED IN LIABILITY TO THE FEE PAID BY YOU TO OA CHEDDAR FOR ONE MONTH OF SERVICES TO BE CALCULATED IN THE MONTH WHEN THE CLAIM FIRST AROSE. Any claim against OA Cheddar, arising from these Terms or the use of Services must be brought within six (6) months from (i) the termination or expiration of these Terms or (ii) the event giving rise to such cause of action.
You agree to release, defend, indemnify, and hold harmless OA CHEDDAR and its founders, affiliates, employees, personal assistants and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, asserted by any third party against you as a result of: (i) breach of these Terms by you; (ii) the violation of any applicable laws by you, or (iii) the infringement by you of any intellectual property or other rights of any person or entity.
Any controversy or claim between the parties hereto, arising directly or indirectly out of, connected with, or relating to the interpretation of these Terms, the scope of the services rendered by OA Cheddar, or as to any other matter involving any act or omission performed under these Terms, or promises, representations or negotiations concerning duties of the OA Cheddar hereunder, shall be submitted to arbitration. Unless applicable law requires otherwise, arbitration shall occur in Chelan County, Washington. Judgment on any award may be entered in any court having jurisdiction, and the arbitration decision shall be binding on all parties. Secondary or consequential damages are specifically excluded. In the event that any dispute arises and proceedings are commenced by you, if you are unsuccessful in maintaining the claim, then you shall be liable to OA Cheddar for all charges, expenses, costs and legal fees (on a lawyer and client basis) incurred by OA Cheddar on a complete indemnity basis, including reasonable fees for all the time spent by OA Cheddar in investigating, research, preparation for, and attendance at court hearings and examinations.
OA CHEDDAR will not be held liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
These Terms shall be governed by, and construed in accordance with the laws of the State of Washington without regard to any conflict of law provisions. You and OA CHEDDAR both agree to submit to the exclusive jurisdiction of the courts of the State of Washington and consent to bring any matters associated with or arising from this Agreement exclusively in the Chelan County.
If you have any questions regarding these Terms, please contact us with your query at firstname.lastname@example.org.