Terms of Use

These terms of use (the “Terms of Use”) are a legal agreement between you and Cache Financials, Inc. and its affiliates (“Cache” or “we,” “us,” or “our”). These Terms of Use specify the terms under which you may access and use our website, www.usecache.com, and if applicable, mobile applications (collectively, the “Platform”). By accessing or using our Platform, or otherwise manifesting your assent to these Terms of Use, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to (or cannot comply with) all of the terms of the Agreement, you may not access or use the Platform.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION OF THE PLATFORM

The Platform is accessible by users of Cache (“Users”) as well as customers (“Customers”) of Cache Securities LLC, an SEC-registered broker-dealer and FINRA member (“Cache Securities”) and Cache Advisors LLC, an SEC-registered investment adviser (“Cache Advisors”). In order to become a Customer, an individual must first become a User. Users have the ability to view a limited set of features within the Platform. Customers have full access to the Platform features, including the ability to access their Cache Securities brokerage accounts (“Brokerage Account(s)”) and their Cache Advisors investment accounts (“Investment Account(s),” collectively, the “Account(s)”).

2. UPDATES TO THESE TERMS OF USE

These Terms of Use may be updated or amended by us from time to time without notice to you by our posting a revised version of these Terms of Use on the Platform. Any changes will be effective prospectively as of the date noted when the updated Terms of Use are posted. It is your responsibility to periodically review these Terms of Use in case of any such updates or amendments. If you do not agree to any updates or amendments, you must cease using our Services and our Platform. 

NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE OR CLAIM RELATED TO THESE TERMS, OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR ANY OF OUR PLATFORMS, MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 17 PERTAINING TO DISPUTE RESOLUTION BELOW.

3. RESTRICTIONS

In order to maintain access to the Platform (1) as a User, you must remain in compliance with these Terms of Use, and (2) as a Customer, you must remain in full compliance with these Terms of Use as well as that certain Cache Securities Customer Agreement (the “Cache Securities Customer Agreement”) and that certain Cache Advisors Advisory Agreement (the “Advisory Agreement”).

As a condition of your access to or use of the services we offer (the “Service”) or the Platform, you further agree not to do, or attempt to do, any of the following:

• impersonate another person;
• publish, distribute, modify, transmit, display, or create derivative works from or otherwise exploit in any manner any of the Content;
• send, email, transmit, or otherwise transfer to or through the Service or the Platform any material or information that may violate any rights of any third party, including any copyright, trademark, privacy, or other personal or proprietary right;
• send, email, transmit, or otherwise transfer to or through the Service or the Platform any material or information that is potentially or actually unlawful, violent, graphic, obscene, deceptive, offensive, abusive, sexually explicit, harmful, dangerous, or self-injurious, endangering to minors, threatening, or otherwise objectionable; 
• send, email, transmit, or otherwise transfer to or through the Service or the Platform any material containing viruses or any other destructive materials or data or code which may corrupt, interfere with, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation of any computer system, hardware, or software;
• decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software associated with the Service or the Platform;
• probe, scan or otherwise test the vulnerability of the Service or the Platform, or our underlying systems or network, or breach any security or authentication measures or policies without proper authorization;
• access the Service or any of our Platforms with any data extraction, mining, scraping, or other data gathering tools, or otherwise collect or scrape any Content from the Service or the Platform without our written consent; 
• intercept or access any information transmitted to or from Cache that is not intended to be received by you; 
• violate any applicable law, rule, or regulation; or 
• violate any policies, procedures, requirements associated with the Service or the Platform that we disclose to you.

4. PLATFORM CREDENTIALS

In order to become a User, you will be prompted to set up an account by creating a sign-in name (“Sign-In Name”) or email address and password (“Password”). In order to become a Customer, you must enter into and satisfy the terms and conditions of the Cache Securities Customer Agreement and/or Advisory Agreement. In doing so you will be prompted to provide certain additional information to Cache Securities and/or Cache Advisors, as further detailed in the Cache Securities Customer Agreement and Advisory Agreement that will, among other things, assist Cache Securities and/or Cache Advisors in authenticating your identity (“Unique Identifiers”) and satisfy its regulatory obligations. When creating your Account, you must provide true, accurate, current, and complete information. Each Sign-In Name can be used by only one User or Customer. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. You understand that Cache Securities and Cache Advisors are under no obligation to accept any individual or entity as a Customer, and may accept or reject any User in its sole and complete discretion. We will not be liable for any loss or damage caused by any unauthorized use of your Account.

5. INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, sound recordings, and other material provided by or on behalf of Cache or its affiliates (collectively referred to as the “Cache Content”). The Cache Content may be owned by us or third parties and is protected under both United States and foreign laws. Unauthorized use of the Cache Content may violate copyright, trademark, and other laws.

Subject to the next paragraph, both Users and Customers may view all Cache Content for your own personal, non-commercial use, and no other use is permitted without the prior written consent of Cache. Cache and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Cache Content. You must retain all copyright and other proprietary notices contained in the Cache Content. You may not sell, transfer, assign, license, sublicense, or modify the Cache Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Cache Content in any way for any public or commercial purpose. We reserve the right to remove Cache Content at any time for any reason without any notice to you.

If you violate any part of this Agreement, your permission to access the Cache Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Cache Content.

The trademarks, Service marks, and logos of Cache and its affiliates (the “Cache Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or Service marks of Cache. Other company, product, and Service names located on the Platform may be trademarks or Service marks owned by others (the “Third-Party Trademarks,” and, collectively with Cache Trademarks, the “Trademarks”). Nothing herein or on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cache Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Cache Content may be retransmitted without our express, written consent for each and every instance.

6. CUSTOMER CONTENT; LICENSES

The Platform may provide Customers the ability to create commentary and other content (text, graphics, images, or otherwise) (“Customer Content”) available to other Customers. Each time a Customer submits Customer Content, you expressly authorize Cache to make such Customer Content available to other Customers through the Platform. YOU, AND NOT CACHE, ARE ENTIRELY RESPONSIBLE FOR ALL CUSTOMER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM. IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE PLATFORM. IN ADDITION, YOU ARE REQUIRED TO COMPLY WITH ALL APPLICABLE LAWS WHEN POSTING CUSTOMER CONTENT, INCLUDING, WITHOUT LIMITATION, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CACHE IS NOT RESPONSIBLE FOR MISUSE OR MISAPPROPRIATION OF ANY CUSTOMER CONTENT THAT YOU MAKE AVAILABLE ON OR THROUGH THE PLATFORM.

You retain all copyrights and other intellectual property rights in and to your own Customer Content. You do, however, hereby grant us an irrevocable, perpetual, royalty-free, sub-licensable and transferable right and license to copy, transmit, format, distribute, prepare derivative works of, display, perform and otherwise use your Customer Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, in connection with our business, including, without limitation, for the purpose of providing the Platform.

If you submit Customer Content to us or post it on the Platform, each such submission constitutes a representation and warranty to Cache that (i) such Customer Content is your original creation (or that you otherwise have the right to provide the Customer Content), (ii) that you have the rights necessary to grant the license to the Customer Content under the prior paragraph, (iii) that such Customer Content and its use by Cache and its sublicensees as permitted by this Agreement do not and will not infringe or misappropriate the intellectual property or privacy or other rights of any person, or contain any libelous, defamatory, or obscene material or content that violates our these Terms of Use.

We reserve the right (but not the obligation), in our sole discretion, to remove Customer Content that does not meet these Terms of Use or for any other reason. For the avoidance of doubt, we are not responsible for monitoring Customer Content, but may do so.

We reserve the right, at all times and in our sole discretion, to disclose any Customer Content and other related information for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or your Cache Securities Customer Agreement or Advisory Agreement; (c) to protect the legal rights and remedies of us or our affiliates; (d) if we, in our reasonable discretion, believes that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

WE DO NOT CONTROL ANY CUSTOMER CONTENT, AND WE THEREFORE MAKE NO REPRESENTATIONS OR WARRANTIES, AND NONE OF THE CACHE PARTIES (AS DEFINED BELOW) WILL HAVE ANY RESPONSIBILITY OR LIABILITY, WITH RESPECT TO ANY CUSTOMER CONTENT PROVIDED OR MADE AVAILABLE BY YOU OR BY ANY OTHER CUSTOMER.

WITHOUT LIMITING THE FOREGOING, WE DO NOT PRE-SCREEN, ENDORSE OR APPROVE ANY CUSTOMER CONTENT. CUSTOMER CONTENT SHOULD BE INDEPENDENTLY VETTED BY THE END USER FOR ACCURACY, TIMELINESS AND AUTHENTICITY. YOU ACKNOWLEDGE THAT YOU CHOOSE TO USE THE PLATFORM TO COMMUNICATE WITH OTHER CUSTOMERS OF THE PLATFORM AT YOUR SOLE RISK AND WILL EVALUATE AND BEAR ANY RISKS RELATED TO YOUR USE OF ANY CUSTOMER CONTENT PROVIDED BY ANY OTHER CUSTOMER, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF SUCH CUSTOMER CONTENT. THIS IS INCLUSIVE OF ANY IDEAS, SUGGESTIONS, OPINIONS, COMMENTS AND OBSERVATIONS MADE BY OTHER USERS OF THE PLATFORM, AS WELL AS ANY TEXT, DATA FILES, VIDEO, MUSIC, SOUND, VOICE RECORDINGS OR OTHER CUSTOMER CONTENT.

ANY CUSTOMER CONTENT THAT MENTIONS OR REFERENCES A SECURITY OR AN INVESTMENT STRATEGY, OR ANY SECURITIES TRANSACTION IS NOT A SOLICITATION OR RECOMMENDATION TO BUY A SECURITY BY US. NONE OF THE CACHE PARTIES SOLICIT OR RECOMMEND ANY TRADE OR SECURITY VIA THE PLATFORM, OR OTHERWISE. THERE ARE MANY FACTORS THAT YOU MUST CONSIDER WHEN MAKING AN INVESTMENT DECISION INCLUDING, BUT NOT LIMITED TO, PRODUCT FEATURES, RISKS, WHETHER OR NOT AN INVESTMENT MEETS YOUR INVESTMENT OBJECTIVES, RISK TOLERANCE AND OTHER PERSONALIZED FACTORS. PLEASE REMEMBER THAT PAST PERFORMANCE MAY NOT BE INDICATIVE OF FUTURE RESULTS. DIFFERENT TYPES OF INVESTMENTS INVOLVE VARYING DEGREES OF RISK, AND THERE CAN BE NO ASSURANCE THAT THE FUTURE PERFORMANCE OF ANY SPECIFIC INVESTMENT, INVESTMENT STRATEGY, OR PRODUCT REFERENCED DIRECTLY OR INDIRECTLY IN ANY CUSTOMER CONTENT, WILL BE PROFITABLE OR BE SUITABLE FOR YOU.

7. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and Services that incorporate such information without compensation or attribution to you.

8. CONSENT TO ELECTRONIC DELIVERY

By providing Cache with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change the e-mail address registered with Cache or its affiliates, as appropriate. If you become aware of any unauthorized use of your information, please contact Cache. Further, by registering with Cache you are aware and consent that electronic signatures and electronic documents will be used instead of paper documents. You agree and are giving consent to electronic delivery of all communications which includes, but is not limited to, all current and future account statements, trade confirmations, notices, disclosures, regulatory communications (including prospectuses, proxy solicitations and privacy notices) and other information, documents, data, and records regarding your account all Services provided by Cache delivered or provided to you by Cache. Your consent will be effective immediately and will remain in effect until either Cache or you revoke it. You understand that it may take up to three days to process a revocation of consent to electronic communications and you may receive electronic notifications in the interim. You may revoke or restrict consent to electronic delivery of Cache communications at any time by notifying Cache. You have the right to request paper delivery of any communication that the law requires Cache to provide in paper form. If you revoke or restrict consent to electronic delivery, Cache, at its discretion, may charge a Service fee for the delivery of communications that would otherwise be delivered electronically, restrict your account, or close your account and terminate access to Cache.

9. NO WARRANTIES; LIMITATION OF LIABILITY

THE PLATFORM, THE CACHE CONTENT, AND THE CUSTOMER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM OR CACHE CONTENT WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE CACHE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PLATFORM. THE CACHE CONTENT AND THE CUSTOMER CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE PLATFORM OR CACHE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM OR CACHE CONTENT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM OR CACHE CONTENT AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (THE “CACHE PARTIES”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM, THE CACHE CONTENT, ANY CUSTOMER CONTENT, OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM, THE CACHE CONTENT, ANY CUSTOMER CONTENT, OR OTHERWISE RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

10. EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

11. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

11.1. Representations and Warranties. You hereby represent, warrant, and covenant that:

11.1.1. You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Customer Content and any other works that you incorporate into your Customer Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;

11.1.2. Use of your Customer Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and

11.1.3. You shall not submit to the Platform any Customer Content that violates our Code of Conduct or any other term of this Agreement.

11.2. Indemnity. You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Cache Content or the Platform; (iii) any of your Customer Content; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

12. COMPLIANCE WITH APPLICABLE LAWS

The Platform is based in the United States. We make no claims concerning whether the Platform, the Cache Content, or any Customer Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the Cache Content or any Customer Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. CHANGES TO THE AGREEMENT

These Terms of Use are effective as of the last updated date stated at the top. We may change these Terms of Use from time to time with or without notice to you. By accessing the Platform after we make any such changes to these Terms of Use, you are deemed to have accepted such changes. Please refer back to these Terms of Use on a regular basis.

14. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. If you are a Customer then your access to and use of the Platform will automatically terminate upon expiration or termination of your Customer Agreement. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability. Sections 3-18 shall survive the termination of this Agreement.

15. DIGITAL MILLENNIUM COPYRIGHT ACT

Cache respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Customer Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

By Mail:

Cache Financials, Inc. 
Attn: Legal Department
95 Third St, 2nd Floor
San Francisco, CA - 94103

By Email:

‍legal@usecache.com

If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

16. CONTROLLING LAW

‍This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

17. DISPUTE RESOLUTION; CLASS ACTION WAIVER

YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD CAREFULLY REVIEW THIS SECTION 17. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO A VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS SECTION 17 AS A CONDITION OF ACCESSING OR USING THE SERVICE, ANY OF OUR PLATFORMS, OR ANY CONTENT.

Informal Dispute Procedures. For any dispute you have with Cache or concerning these Terms of Use, you agree to first contact us at support@usecache.com and to attempt to resolve such dispute informally. 

Arbitration. In the unlikely event that we are unable to resolve any dispute you bring to our attention after sixty (60) days, and for any other dispute we raise, you and Cache agree that, except where prohibited by law, all disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, and conducted before a single arbitrator, all pursuant to the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time arbitration is initiated (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at 800.352.5267 or visit the JAMS website at www.jamsadr.com. 

No Class Actions or Class Wide Relief. You and Cache agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

Survival. This Section 17 will survive termination of these Terms of Use or your right to access or use our Services or our Platform. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

18. MISCELLANEOUS

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.