Acceptance of the Terms of Use
The following terms and conditions, together with any documents or policies they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of Cayster.com including any content, functionality, and services offered on or through Cayster.com (the "Website"), whether as a guest or a registered user. you are agreeing to be bound by the Terms of Use.
Please read the Terms of Use carefully before you start to use the Website. By signing up for a Cayster account, by using any Cayster service, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Data Security Agreement at www.cayster.com/data-security-agreement,our HIPAA Policy at www.cayster.com/hipaa-policy, our Copyright and Trademark Policy at www.cayster.com/copyright-and-trademark-policy, our Rules and Policies at www.cayster.com/rules-and-policies, our Business Associate Agreement www.cayster.com/business-associate-agreement and our Privacy Policy found at www.cayster.com/privacy-policy, all incorporated herein by reference. If you do not want to agree to these terms and policies, you must not access or use the Website.
“You” (also, “user”) means, as the case may be, a Website user, the owner of the Account, or an employee, representative, consultant, contractor, subcontractor, or agent of the owner of the Account who subscribed to the Website (“Client”) and is authorized to use the Website by the Client. “We”, “us”, “our”, or “Cayster” means Cayster Inc.
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
Cayster may in its sole discretion, without prior notice to you, revise these Terms of Use at any time. Should these Terms of Use change materially, we will update the Effective Date noted above and provide reasonable notice of changes to you, possibly including by email or by posting a notice regarding the updated Terms of Use on the Website. However, we may make changes that materially adversely affect your use of the Website or your rights under the Terms of Use at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Use will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Website after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Use as amended.
If you do not agree to the terms of the amended Terms of Use, your sole and exclusive remedy is to discontinue your use of the Website and you will be deemed to have not accepted the amended Terms of Use and so terminated this Agreement.
Account Terms
To access and use Cayster, you must register for an account (“Account”). To complete your Account registration, you must provide us with your name/Company name, email address, password, billing information and certain other information collected by Cayster (collectively “Account Information”). Cayster may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
To create an Account, you must be of legal age to form a binding contract in your jurisdiction and, if for a company, be authorized to bind said company. If you are not of legal age to form a binding contract or lack the authority to bind the company, you may not register to use the Cayster. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Cayster, will be true, accurate, current, and complete. You may not create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account whether by you or your Users. Cayster reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of Cayster and your Account Information. You confirm that you are receiving any services provided by Cayster for the purposes of carrying on a business activity and not for any personal, household, family or other purpose.
You acknowledge that Cayster will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Cayster and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Cayster can only be authenticated if they come from your Primary Email Address.
Cayster cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
Your Representations
You hereby represents that you have the authority to enter into and perform the obligations under this Agreement; All of the information provided by you is truthful, accurate and complete; The person creating the Client account is authorized to do so on behalf of the Client; and you will restrict access to Cayster to your registered users.
Technical support in respect of Cayster is only provided to Cayster Users. Questions about the Terms of Use should be sent to Cayster Support at termsofuse@cayster.com.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Cayster, use of Cayster, or access to Cayster without the express written permission by Cayster.
You agree not to work around, bypass, or circumvent any of the technical limitations of Cayster, use any tool to enable features or functionalities that are otherwise disabled in Cayster, or decompile, disassemble or otherwise reverse engineer Cayster.
You agree not to access Cayster or monitor any material or information from Cayster using any robot, spider, scraper, or other automated means.
You understand that, except for personal identifiable information (“PII”) or information otherwise prohibited from such actions, User Content may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “User Content” in this Agreement, means any information about an identifiable individual, such as your or a patient's name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you or a patient that you elect to provide electronically through the Website and any other information that identifies who you are. Personal Information will be used by Cayster solely in accordance with these Terms of Use, all applicable laws and regulations, and Cayster's Privacy Policy (or as otherwise agreed upon between you and Cayster in writing).
Accessing and Activating Cayster Account and Account Security
We reserve the right to withdraw or amend Cayster, and any service or material we provide on Cayster, in our sole discretion without notice. We will not be liable if for any reason all or any part of Cayster is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Cayster, or the entire Website, to users, including registered users.
You are responsible for both:
To access Cayster or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Cayster that all the information you provide on Cayster is correct, current, and complete. You agree that all information you provide to register with Cayster or otherwise, including, but not limited to, through the use of any interactive features on Cayster, is governed by our Privacy Policy at www.cayster.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You also acknowledge that your account is personal to you and agree not to provide any unauthorized person with access to Cayster or portions of it using your Account, user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account, user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session.
You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
Account Owner
Subject to the below, the person signing up for Cayster by opening an Account will be the contracting party (“Account Owner ”) for the purposes of our Terms of Use and will be the person who is authorized to use any corresponding Account we may provide to the Account Owner in connection with Cayster. You are responsible for ensuring that the name of the Account Owner (including the legal name of the company that owns the Account, if applicable) is clearly visible on Cayster.
If you are signing up for Cayster on behalf of your employer, your employer will be the Account Owner. If you are signing up for Cayster on behalf of your employer, then you must use your employer-issued email address and you hereby represent and warrant that you have the authority to bind your employer to our Terms of Use.
The Account Owner is responsible for ensuring it’s employees, agents and subcontractors, that access its Account comply with these Terms of Use, and any breach of these Terms of Use by the Account Owner’s employees, agents or subcontractors. The Account Owner acknowledges and agrees that Account Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Account Owner.
Payments Accounts
PayPal Express Checkout
Apple Pay for Safari Account
Google Pay
Facebook Pay
Fees and Taxes
You will pay the Fees applicable to your Account subscription to Cayster services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Account when using all payment providers (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. We will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and we will continue to charge the Authorized Payment Method for applicable Fees until all services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Cayster’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the Account address provided.
If we are not able to process payment of Fees using an Authorized Payment Method, we may make additional attempts to process payment using any Authorized Payment Method, typically 14 days later. If our attempts are not successful, we may suspend and revoke access to your Account and Cayster. Your Account may be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle, in our sole discretion. You may not be able to access your Account or Cayster during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Cayster reserves the right to terminate your Account in accordance with this Agreement.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Cayster’s products and services. To the extent that Cayster charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Cayster of your exemption. If you are not charged Taxes by Cayster, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Cayster under these Terms of Use will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Cayster to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority.
You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Account or your use of Cayster.
Cayster provides marketplace services as well as non-marketplace services and therefore, Cayster may not be considered a marketplace for any particular transaction. Any contract of sale made through Cayster between you and another customer—and not Cayster-- is directly between you and the customer and Cayster is not providing marketplace services. Cayster does not provide refunds for non-marketplace transactions.
Intellectual Property Rights
Cayster and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, data, analytics, video, and audio, and the design, selection, and arrangement thereof) are owned by Cayster, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any of the content included on Cayster, such as works, images, button icons, pictures, dialogues, music, sounds, data, analytics, videos, documents, drawings, text, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, source or object code, architecture, algorithms, functions, software, ideas, concepts, inventions, systems, platforms, interfaces, APIs, utilities, templates, forms, techniques, know-how, and other technologies, implementations and information that are used by Cayster in providing Cayster (collectively, the “Cayster Content”) are the exclusive property of Cayster or its content suppliers and is protected by national and international copyright, trademark, patent and other intellectual property laws.
These Terms of Use permit you to use Cayster only as provided herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Cayster Content, except as follows:
You must not:
If you wish to make any use of material on Cayster other than that set out in this Agreement, please address your request to: intellectualproperty@cayster.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Cayster or Cayster Content in breach of the Terms of Use, your right to use Cayster will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Except for your User Content, no right, title, or interest in or to Cayster or any content on Cayster is transferred to you, and all rights not expressly granted are reserved by Cayster. Any use of Cayster not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
CAYSTER, CAYSTER, and all other trademarks, logos, trade names, domain names and other distinctive signs, copyrights, trade secrets and patents used in connection with CAYSTER (collectively, the “Intellectual Property”) are property of Cayster or its affiliates, subsidiaries or suppliers. You acknowledge that Cayster retains ownership and has exclusive rights to use the Intellectual Property and Cayster Content, including all improvements, enhancements, updates and corrections thereto and any Intellectual Property or Cayster Content generated by Cayster in the process of providing and operating Cayster. You are not granted any rights in or to the Intellectual Property or Cayster Content, and you agree not to use the Intellectual Property or Cayster Content without the prior written authorization of Cayster or the applicable Intellectual Property owners. Cayster vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, Cayster will prosecute any unauthorized use or reproduction of the Intellectual Property or Cayster Content, any of the databases used to store the Intellectual Property or Cayster Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Cayster, Cayster or other confusingly similar terms or marks.
You acknowledge and agree that any and all misappropriation or misuse of the Cayster Content or any other information included on Cayster, will cause irreparable harm to Cayster and that in such event money damages will not constitute sufficient compensation to Cayster. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Cayster Content or any other information included on Cayster, you specifically consent to Cayster's obtaining injunctive relief against you, in addition to any other legal or financial remedies to which Cayster may be entitled.
User Materials
We do not claim ownership of the materials you provide on or though Cayster; however, we do require a license to those materials, excluding User Content (“User Materials”). You hereby grant Cayster a non-exclusive, transferable, perpetual, irrevocable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any User Materials provided by you in connection with Cayster. We may use our rights under this license solely to operate, provide, and promote Cayster and to perform our obligations and exercise our rights under the Terms of Use. You represent, warrant, and agree that you have all necessary rights in the User Materials to grant this license. You irrevocably waive any and all moral rights you may have in the User Materials in favor of Cayster and agree that this waiver may be invoked by anyone who obtains rights in the materials through Cayster, including anyone to whom Cayster may transfer or grant (including by way of license or sublicense) any rights in the User Materials.
If you owned the User Materials before providing them to Cayster then, despite uploading them to your Account they remain yours, subject to any rights or licenses granted in the Terms of Use or elsewhere. You can remove your Account at any time by deleting your Account. Removing your Account does not terminate any rights or licenses granted to the User Materials that Cayster requires to operate, provide, and promote Cayster and to perform our obligations and exercise our rights under the Terms of Use.
You agree that Cayster can, at any time, review and delete any or all of the User Materials submitted to Cayster, although Cayster is not obligated to do so.
You grant Cayster a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Account (“Your Trademarks”) solely to operate, provide, and promote Cayster and to perform our obligations and exercise our rights under the Terms of Use. This license will survive any termination of the Terms of Use solely to the extent that Cayster requires the license to exercise any rights or perform any obligations that arose during the Term.
If you believe that your intellectual property rights have been violated in any manner by Cayster, please provide written notice of the same to support@cayster.com. If notified of an allegation that Cayster contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material.
Prohibited Uses
You may use Cayster only for lawful purposes and in accordance with these Terms of Use. You agree not to use Cayster:
Additionally, you agree not to:
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Cayster. YOU WAIVE AND HOLD HARMLESS CAYSTER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on Cayster, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Copyright and Trademark Infringement
If you believe that any User Content violate your copyright, please see our Copyright Policy [www.cayster.com/copyright-and-trademark-policy] for instructions on sending us a notice of copyright infringement. It is the policy of Cayster to terminate the user accounts of repeat infringers.
Information About You and Your Visits to Cayster
All information we collect on this Website is subject to our Privacy Policy [www.cayster.com/privacy-policy]. By using Cayster, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to Cayster and Social Media Features
You may link to our homepage, or the homepage of Cayster, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Cayster may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from Cayster
If Cayster contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Cayster, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of Cayster is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that Cayster or any of its content is accessible or appropriate outside of the United States. Access to Cayster may not be legal by certain persons or in certain countries. If you access Cayster from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DMCA Notice and Takedown Procedure
Cayster supports the protection of intellectual property and asks Cayster merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Cayster’s designated agent using our form . Upon receiving a DMCA Notice, we may remove or disable access to the materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Cayster will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF CAYSTER OR ANY SERVICES OR ITEMS OBTAINED THROUGH CAYSTER OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF CAYSTER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CAYSTER IS AT YOUR OWN RISK. CAYSTER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CAYSTER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF CAYSTER. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT CAYSTER, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH CAYSTER WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CAYSTER OR ANY SERVICES OR ITEMS OBTAINED THROUGH CAYSTER WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CAYSTER, ANY WEBSITES LINKED TO IT, ANY CONTENT ON CAYSTER OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT THAT CAYSTER INC. IS FOUND LIABLE WITH RESPECT TO ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH CAYSTER OR ANY OF ITS FEATURES OR FUNCTIONALITIES OR ITS CONTENT, OR A USER’S USE OR INABILITY OF USE THEREOF, CAYSTER INC.’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID TO CAYSTER, INC. IN CONNECTION WITH PRODUCTS OR SERVICES DURING THE PRIOR TWELVE (12) MONTHS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of Cayster, including, but not limited to, your User Content, any use of Cayster's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Cayster.
Governing Law and Jurisdiction
All matters relating to Cayster and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Cayster shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York[, in each case located in the County of New York although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of Cayster, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR CAYSTER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Cayster of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cayster to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use , our Data Security Agreement at www.cayster.com/data-security-agreement,our HIPAA Policy at www.cayster.com/hipaa-policy, our Copyright and Trademark Policy at www.cayster.com/copyright-and-trademark-policy, our Rules and Policies at www.cayster.com/rules-and-policies, our Business Associate Agreement www.cayster.com/business-associate-agreement and our Privacy Policy found at www.cayster.com/privacy-policy,constitute the sole and entire agreement between you and Cayster regarding Cayster and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Cayster.
Your Comments and Concerns
This website is operated by Cayster Sciences Inc., 509 Madison Ave 18th fl, New York, NY 10022.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [www.cayster.com/copyright-and-trademark-policy] in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to Cayster should be directed to info@cayster.com
By submitting feedback to Cayster, you waive any and all rights in the feedback and Cayster is free to implement and use the feedback if desired, as provided by you or as modified by Cayster, without obtaining permission or license from you or from any third party. Any reviews of a merchant that you submit to Cayster must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to merchant or objectionable. Cayster reserves the right (but not the obligation) to remove or edit feedback, but does not regularly inspect posted feedback.
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