TERMS OF USE

1. Scope and Content
Caveon, LLC, 6905 South 1300 E #468, Midvale, Utah 84047, USA and its subsidiaries (collectively, “Caveon”) deliver, receive and store information, and provide content, website features, and other products and services to you on websites controlled and operated by Caveon (collectively, the “Caveon Services”). You understand and agree that you remain responsible for using your independent analysis, evaluation, and judgment in utilizing the Caveon Services for any personal, business, educational, governmental, or organizational application or use. Except as otherwise provided below, Caveon provides the Caveon Services subject to these terms of use (“Terms of Use”).

2. When These Terms of Use Apply
By using Caveon Services, you agree to these Terms of Use, except as otherwise provided below. These Terms of Use are a legal agreement between you and Caveon. By using Caveon Services, you agree to Caveon’s Privacy Policy (including the Cookie Policy), which is incorporated herein by reference. Please read these documents carefully. If you do not agree to these terms, do not use Caveon Services.  Notwithstanding the foregoing terms, if you are designated by a current Caveon customer as an Authorized User of the Caveon Services pursuant to a duly executed agreement between Caveon and that customer, then these Terms of Use shall not apply to your use of the specific Caveon Services governed by the applicable agreement with Caveon.   As an Authorized User of the Caveon Services, the company or organization that has designated you as an Authorized User (for example, your employer or other third-party services provider) is responsible for your compliance with the terms of the applicable agreement with Caveon.  If you are a Caveon contractor, then these Terms of Use shall not apply to your use of the Caveon Services, rather, your Independent Contractor Agreement with Caveon shall govern your use of the Caveon Services.

3. Service Terms
Caveon offers a wide range of services, and sometimes different and/or additional terms may apply to the use of Caveon Services. As noted above, your use of the Caveon Services is subject to the terms and conditions of the applicable agreement with Caveon for those services and the guidelines, notices and documentation applicable to that Caveon Service (collectively, the “Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control to the extent there is a conflict. If there are no additional specific terms or other applicable agreement that apply to a particular Caveon Service, these Terms of Use shall control your use of the service.

4. Organization Uses of Caveon Services Without Another Agreement in Place
If you are not designated by a current Caveon customer as an Authorized User of the Caveon Services pursuant to a duly executed agreement between Caveon and that customer and you use the Caveon Services on behalf of a business, school, university, government agency, or a nonprofit or other organization (collectively “Organization”) and there is not a duly executed agreement between Caveon and your Organization, the Organization accepts these terms by virtue of your use of the Caveon Services on behalf of that Organization. In the absence of any other controlling written agreement with Caveon, the Organization for which you are using the Caveon Services as provided herein will hold harmless and indemnify Caveon and its subsidiaries, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Caveon Services or violation of the Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

5. Your Account
You may be granted permission to establish, access, and use an account using Caveon Services containing your preferences and other information (“Account”). The permission to establish your Account is personal to you and cannot be shared with or otherwise used by any other individual or entity. You hereby represent and warrant that all information provided to Caveon in registering for your Account is current, complete, and correct, and that you will promptly update such information following any change which renders it incomplete or incorrect. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Caveon may access, refuse service, or cancel orders in respect of, place restrictions on, remove or edit content in, or terminate your Account if Caveon suspects any information provided by you is untrue, inaccurate, incomplete, not current, misleading, or fraudulent. See “Termination of Access to Caveon Services” below for additional limitations.

6. Information You Submit to Caveon
Certain features of Caveon Services may allow you to post or submit information. You may post and submit communications, suggestions, ideas, comments, questions, or other information, so long as such content is not proprietary, confidential, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, as determined in Caveon’s sole discretion, and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any information or other content.

Certain Caveon Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send or receive content to or through Caveon Services, you give Caveon (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving Caveon Services, and to develop new ones. This license continues even if you stop using Caveon Services. Certain Caveon Services may offer you ways to access and remove content that has been provided to that Caveon Service. Also, in certain Caveon Services, there are terms or settings that narrow the scope of Caveon’s use of the content submitted in those Caveon Services.

You represent and warrant that you own or otherwise control all of the rights to the content that you submit to Caveon, that you have acquired all necessary rights in such content to enable you to grant to Caveon the rights in such content described herein, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Caveon for all claims resulting from content you supply. Caveon has the right but not the obligation to monitor and edit or remove any activity or content. Caveon takes no responsibility and assumes no liability for any content posted by you or any third party.

7. Use Restrictions, Rules of Conduct and Termination of Access to Caveon Services
Caveon Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Except as stated herein, no Caveon Service, nor any part of any Caveon Service, may be reproduced, duplicated, mirrored, modified, displayed, distributed, copied, sold, resold, visited, or otherwise exploited for any purpose without express prior written consent of CAVEON.

While using Caveon Services you will comply with all applicable laws, rules, and regulations. In addition, we expect users of Caveon Services to respect the rights and dignity of others. Your use of Caveon Services is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to Caveon Services.

You agree that you will not:

  • Use Caveon Services in any unlawful manner or for any fraudulent or unlawful purpose.
  • Use Caveon Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of Caveon Services.
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with Caveon Services; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of Caveon Services or the servers or networks used to make Caveon Services available; or violate any requirements, procedures, policies or regulations of such networks.
  • Transmit or otherwise make available in connection with Caveon Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Restrict or inhibit any other person from using Caveon Services (including without limitation by hacking or defacing any portion of Caveon Services).
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any purpose, any portion of, use of, or access to Caveon Services.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of Caveon Services.
  • Remove any copyright, trademark, or other proprietary rights notice from Caveon Services or materials originating from Caveon Services.
  • Frame or mirror any part of Caveon Services without our express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use, copy, or ingest any content within or comprising the Caveon Services, including any text, images, audio, video, multimedia or other content, in whole or part, to train any generative artificial intelligence (“AI”) platform, large language model, or machine learning model or algorithm.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of Caveon Services without our express prior written consent.
  • Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from Caveon Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

Caveon reserves the right, in its sole discretion, to terminate, suspend, or modify your registration with, or access to, all or any part of Caveon Services, without notice, at any time and for any reason.

8. Specific Notice Regarding Software
Any software that is made available to download from Caveon Services (“Software”) is copyrighted. Use of this Software is governed by the license terms that accompany or are included with such Software (“License Terms”). Please review all License Terms carefully before downloading and using the Software.

9. Specific Notice Regarding Links to and Content from Third Party Websites
Certain links and third party embedded content provided through Caveon Services permit you to leave Caveon Services, enter non-Caveon websites, and/or view and access content on third party websites (collectively, “Third Party Content”). Third Party Content is not under Caveon’s control and Caveon is not responsible for such content, or any changes or updates to such content. Caveon provides links and access to Third Party Content to you only as a convenience and Caveon does not endorse such content. Use of third party websites, features, and tools is governed by the applicable terms of use and privacy practices of such websites and services. You agree to review and accept applicable terms in respect of Third Party Content.

10. Warranties and Disclaimers
CAVEON SERVICES ARE PROVIDED “AS IS.” CAVEON MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO CAVEON SERVICES OR USE OF CAVEON SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING FOR ACCURACY, COMPLETENESS, OR SECURITY. CAVEON DISCLAIMS ANY WARRANTY OF TITLE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO CAVEON SERVICES OR USE THEREOF. CAVEON SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD-PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON A COMBINATION OF COMPONENTS PROVIDED IN CAVEON SERVICES. IN NO EVENT SHALL CAVEON BE LIABLE FOR ANY ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT CAVEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF CAVEON SERVICES OR YOUR USE OF CAVEON SERVICES.

Caveon reserves the right to make corrections, enhancements, improvements, and other changes to Caveon Services, and to discontinue any Caveon Service, or product or service.

Caveon does not warrant or represent that any license, either express or implied, is granted under any patent right, copyright, mask work right, or other intellectual property right relating to any combination, machine, or process in which Caveon components or services are used. Information published by Caveon regarding third-party products or services does not constitute a license to use such products or services or a warranty or endorsement thereof. Use of such information may require a license from a third party under the patents or other intellectual property of the third party, or a license from Caveon under the patents or other intellectual property of Caveon.

Reproduction of significant portions of Caveon information in Caveon data books or data sheets is permissible only if reproduction is without alteration and is accompanied by all associated warranties, conditions, limitations, and notices. Caveon is not responsible or liable for such altered documentation. Information of third parties may be subject to additional restrictions.

11. Privacy and Website Policies, Modification, and Severability
Please review our Privacy Policy, which also governs your use of Caveon Services, to understand our practices. Please review our Service Terms and other policies posted on this site. These terms and policies also govern your use of Caveon Services. We reserve the right to make changes to Caveon Services, as well as Caveon’s websites, policies, Service Terms, and these Terms of Use at any time without prior notice to you. The Effective Date of these Terms of Use is set forth at the top of this webpage. Your continued use of Caveon Services after the Effective Date constitutes your acceptance of these Terms of Use. These Terms of Use supersede all previous versions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

12. Copyright Complaints
To be effective under 17 U.S.C. § 512, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Caveon’s Designated Agent for a notification of claimed infringement can be reached as follows:

Marc Weinstein, Chief Privacy Officer
Caveon, LLC
6905 South 1300 E #468
Midvale, Utah 84047
USA
e-mail: privacy@caveon.com

13. General

Any claim relating to Caveon Services will be governed by and interpreted in accordance with the laws of the State of Utah, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Salt Lake City, Utah. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

Caveon operates or manages this site from its offices within the United States. Caveon makes no representations that Caveon Services referenced on this site are appropriate or available for use in other areas of the world. Those who access this site from locations outside the United States are responsible for compliance with applicable local laws.

Where Caveon has provided you with a translation of the English language version of information on Caveon websites, you agree that the translation is provided for your convenience only and that the applicable English language versions will govern your relationship with Caveon. If there is any contradiction between the English language version of information on Caveon websites and the translation, the English language version will take precedence.

Effective Date: April 10, 2024