- By attempting to use and/or by accessing, visiting, or using the Services, or any part thereof, User agrees to fully comply with and be bound by the TOU and PP. If User does not accept the TOU or the PP, User must not access and use the Services, or any part thereof, and/or immediately stop any use of the Services.
- Cider may, from time to time modify the TOU. If User does not agree to the TOU as amended, User must stop using the Services. User is advised that if User does not terminate all use of the Services, or any part thereof, User will be deemed to have accepted the TOU, as amended.
a. By using the Services User represents that (i) User is not under 18 years of age, (ii) User is authorized to use the Services, (iii) User agrees to be bound by the terms of this TOU; and (iv) its use of the Services does not conflict any law applicable to User
- Cider makes no representation that Site Content, products, or services available via the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export Site Content in violation of U.S. export laws and regulations. Not all products or programs mentioned may be available in your country. Please contact your local sales representative for information as to products and services available in your country.
- Ownership; Copyright Protection.
a. Our Site contains content owned, operated, licensed, and/or controlled by Cider, which we own copyright, trademark, trade secret, or other proprietary rights in and we retain all such rights to (“Site Content”). Site Content includes, but is not limited to, icons, photographs, product documentation, as well as, technology overviews which may be available for download on certain parts of the Site. All title, ownership rights, and intellectual property rights in and to the Site Content (except for the Third Party Content – as defined below), shall remain in Cider, its affiliates, or their respective licensors, if any.
b.This is a license, not a transfer of title, and your use of Site Content is subject to the following restrictions: You may not: (a) modify the Site Content or use them for any commercial purpose, or any public display, performance comparison, sale or rental; (b) decompile, reverse engineer, or disassemble Site Content except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Site Content; (d) transfer the Site Content to another person. Further, you agree to prevent any unauthorized copying of Site Content and you agree that any copy which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.
- ALL SITE CONTENT, AND THE COMPILATION AND ARRANGEMENT OF THE SITE CONTENT, ARE PROTECTED BY COPYRIGHT AND, WHERE APPLICABLE, OTHER INTELLECTUAL PROPERTY RIGHTS. EXCEPT AS EXPRESSLY SPECIFIED, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED, MODIFIED, PUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY FORM, OR BY ANY MEANS, WITHOUT THE PRIOR WRITTEN PERMISSION OF CIDER, AND NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK OR COPYRIGHT OF CIDER OR ANY THIRD PARTY.
d..Cider is always pleased to hear from its Users and welcome their comments or suggestions (“Suggestions”). When Cider refers to a Suggestion herein, Cider means: Any comment or suggestion made to Cider. With regard to such Suggestions User represents and warrants that (i) such Suggestions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; (ii) Cider is entitled to unrestricted use or disclosure of the Suggestions for any purpose whatsoever, all without compensation to the User that submitted the Idea.
- Third Party Content.
- Each User agrees upon Cider’s first demand to indemnify, defend, and hold Cider and its affiliates, licensors, officers, directors, employees, consultants, agents and representatives (collectively, “Affiliates”) harmless from any and all claims, losses, damages, liabilities, actions, or demands, and associated costs and expenses (including without limitation attorneys’ fees) arising out of User’s: (i) use of the Services; (ii) use of any Third Party Content and/or any other interaction with third parties through the Services; (iii) violation of the terms hereof; or (iv) violation of any third party’s rights. Cider reserves the right, at such User’s expense, to assume the exclusive defense and control of any matter of indemnification by User hereunder. User shall cooperate fully as reasonably required in the defense of any claim.
- Disclaimer and Warranties.
- Although Cider has attempted to provide accurate information on the Site, we assume no responsibility for the accuracy of any such information, nor do we endorse or assume responsibility for any user conduct or content submitted on our Site. Nothing in these Terms requires us to monitor the Site or to modify or remove any materials or information.
- The Site and Site Content are subject to applicable federal, state, and local laws, and U.S. export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.
- USER UNDERSTANDS AND AGREES THAT USER’S USE OF THE SERVICES ARE AT USER’S OWN RISK. CIDER’S SERVICES ARE UNLESS OTHERWISE SPECIFIED, ALL PRODUCTS, SERVICES, FEATURES AND OTHER SITE CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CIDER AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CIDER AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET USER’S EXPECTATIONS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iii) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY SERVICES ARE ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE THAT RESULTS FROM THE SERVICES, AND/OR THE DOWNLOAD THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CIDEROR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
- Limitation of Liability.
- IN NO EVENT SHALL CIDER OR ITS AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER,WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTION GOODS OR SERVICES, OR FOR ANY LOSS OF PROFITS (EVEN IF CIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR ACCESS THE SITE OR SITE CONTENT,; OR (ii) ANY OTHER MATTER RELATING TO THE USER’S USE OF THE SERVICES OR THESE TOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CIDER’S TOTAL LIABILITY TO USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100 USD. THE AFORESAID LIMIT SHALL NOT BE ENLARGED BY THE EXISTENCE OF MULTIPLE CLAIMS. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY USER MORE THAN 60 DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.
Arbitration Agreement & Waiver of Certain Rights
- You agree that, except as set forth below, any disputes between us (including any disputes between you and a third-party agent of Cider) through binding and final arbitration instead of through court proceedings. You and Cider hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Cider or you and a third-party agent of Cider (a “Claim”) will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
- If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Cider will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
- This arbitration agreement does not preclude you or Cider from seeking action by federal, state, or local government agencies. You and Cider also have the right to bring qualifying claims in small claims court. In addition, you and Cider retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these TOU, nor a waiver of the right to have disputes submitted to arbitration as provided in these TOU.
- Neither you nor Cider may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Cider’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and Cider each waive any right to a jury trial. No waiver of any provision of this Section of the TOU will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this TOU. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the TOU will survive the termination of your relationship with Cider.
- THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CIDER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- To the extent that the Services, or any part thereof, conflict or are inconsistent with the TOU, the TOU shall prevail.
- Cider’s failure to enforce any provision of the TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- Cider’s rights under the TOU shall survive any expiration or termination of the TOU.
- The TOU shall be governed by the laws of the State of California, United States of America without regard to the principles of conflict of law.
- If there is any dispute relating to the Site or these Terms, you and Cider agree to the exclusive personal jurisdiction and venue in the state and federal courts of Santa Clara County, State of California, U.S.A. If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect. If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.
- Without limiting any rights of Cider under this TOU, it shall be clarified that Cider is entitled to always in Cider’s sole discretion block User’s access to the Services or stop providing, terminate or disable User’s use of the Services, even if Cider has previously allowed User to use the Services.
- We reserve the right to change these Terms at any time, without notice, at our sole discretion. Please check this page periodically for any updates. These Terms are governed by the laws of the State of California, U.S.A., excluding any conflict of laws, rules or principles. If there is any dispute relating to the Site or these Terms, you and Cider agree to the exclusive personal jurisdiction and venue in the state and federal courts of Santa Clara County, State of California, U.S.A. If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect. If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.
- Disclaimer and Warranties.
- Last update: December 20, 2022.