Terms of Use
Updated November 25, 2024
Cauldron Technologies, LLC, a Delaware limited liability company (“Cauldron,” "Company," "we," or "us"), owns the website at www.cauldronhq.com (“Website”), and the application at www.app.cauldronhq.com (the “Application”). These Website Terms of Use are a binding agreement between You and Company governing the use of this Website and the Application. The following terms and conditions, together with our Privacy Policy and any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Website and Application, including any content, functionality, and services offered on the Website and Application, whether as a visitor to the Website or a registered user of our services or Application.
If you are a merchant registering to access or use our products and services, our Terms of Service will also apply.
Please read the Terms of Use carefully before you start to use the Website and/or Application. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Application.
This Website and the Application are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.
INTELLECTUAL PROPERTY RIGHTS
The Website and Application and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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.
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 Application;
modify copies of any materials from this Website or Application;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or Application; or
access or use for any commercial purposes any part of the Website or Application or any services or materials available through the Website or Application.
If you wish to make any use of material on the Website or Application other than that set out in this section, please address your request to: biz@cauldronhq.com.
No right, title, or interest in or to the Website or Application or any content on the Website or Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and/or Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
TRADEMARKS
The Company name, the term CAULDRON, the Company logo, and all related names, logos, product and service names, designs, and slogans (the “Marks”) are trademarks of the Company or its affiliates or licensors. You must not use the Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website or Application are the trademarks of their respective owners.
PROHIBITED USES
You may use the Website and the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Application:
in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
use the Website or Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Application, including their ability to engage in real time activities through the Website or Application ;
use any robot, spider, or other automatic device, process, or means to access the Website or Application for any purpose, including monitoring or copying any of the material on the Website or Application;
use any manual process to monitor or copy any of the material on the Website or Application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
use any device, software, or routine that interferes with the proper working of the Website or Application;
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Application, the server on which the Website or Application is stored, or any server, computer, or database connected to the Website or Application;
attack the Website or Application via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Website or Application.
USER CONTRIBUTIONS
The Website and/or Application may contain interactive features that allow users to contact us and to post content (for example, through “contact us” pages, blog posts, comments, and reviews). Any information you post to the Website and/or Application will be considered non-confidential and non-proprietary. By providing any user contribution on the Website and/or Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. We are not responsible or liable to any third party for the content or accuracy of any user contributions posted by you or any other user of the Website and/or Application. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website and/or Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or Application, or by anyone who may be informed of any of its contents.
This Website and/or Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
COPYRIGHT AND TRADEMARK POLICY
COPYRIGHT INFRINGEMENT - DIGITAL MILLENNIUM COPYRIGHT ACT
Cauldron respects the intellectual property rights of others. Cauldron will respond to notices of copyright infringement consistent with the Digital Millennium Copyright Act (the “DMCA”) and our response to such notices may include removing or disabling access to any allegedly infringing content. If You believe that content residing or accessible on the Platform infringes a copyright, You may submit written claims of copyright infringement to our Copyright Agent at:
Copyright Agent
Cauldron Technologies, LLC
Written claims concerning copyright infringement must include the following information:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and e-mail address;
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; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website and/or Application is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
B. COUNTER-NOTICE
If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located in Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Cauldron will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
C. REPORTING CLAIMS OF TRADEMARK INFRINGEMENT
Complaints about trademark infringement are outside the scope of a DMCA Notice. However, if you believe your trademark complaint may also constitute a copyright infringement, you may choose to submit your complaint according to the DMCA Notice procedure outlined above.
If you believe that you have a trademark complaint that does not include a copyright claim, you may submit a valid and formal notice of a trademark complaint as outlined below by sending an email to legal@cauldronhq.com. When you submit a trademark complaint, you acknowledge and agree that we may forward your complaint to our participating merchants. You further attest that you have authorization to share and instruct us to disclose any personal information contained therein and agree to hold us harmless for the processing of this personal information. It should include:
details of the trademark or service mark (“Mark”) that is claimed to be infringed, including the registration number and jurisdiction or geographical area to which it applies;
the name, address and telephone number of the owner of the Mark;
the goods and/or services covered by or offered under the Mark; and
a description of how you believe the Mark is being infringed, including the precise location of the infringing Mark.
While we reserve the right to remove any content that may constitute a trademark infringement of your Mark, we are not obligated to take any further action without a U.S. court order.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and/or Application. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESSING THE WEBSITE AND/OR APPLICATION AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website and/or Application, and any service or material we provide on the Website and/or Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website and/or Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and/or Application, or the entire Website and/or Application, to users, including registered users.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE AND/OR APPLICATION
All information we collect on this Website and/or Application is subject to our Privacy Policy at https://www.cauldronhq.com/privacy. By using the Website and/or Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, 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 without our express written consent.
This Website and/or Application may provide certain social media features that enable you to:
link from your own or certain third-party websites to certain content on this Website and/or Application;
send emails or other communications with certain content, or links to certain content, on this Website and/or Application; and
cause limited portions of content on this Website and/or Application to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
establish a link from any website that is not owned by you;
cause the Website and/or Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
link to any part of the Website and/or Application other than the homepage; or
otherwise take any action with respect to the materials on this Website and/or Application that is inconsistent with any other provision of 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 THE WEBSITE AND/OR APPLICATION
If the Website and/or Application 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 this Website and/or Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
We provide this Website and/or Application for use only by persons located in the United States. We make no claims that the Website and/or Application or any of its content is accessible or appropriate outside of the United States. Access to the Website and/or Application may not be legal by certain persons or in certain countries. If you access the Website and/or Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
HOW TO CONTACT US
This website is operated by Cauldron Technologies, LLC. All feedback, comments, and other communications relating to the Website and/or Application should be directed to: contact@cauldronhq.com.