Terms of Service

Last Updated: August 14, 2024

These Terms of Service (“Terms”) between you (“you” or “your”) and Cascade Games LLC (“Cascade Games”, “we” or “us”), govern your access to and use of www.cascadegames.com and its subdomains, including nexus.cascadegames.com (the “Website”), and our certification training, exam testing, certified judge and other services accessible at the Website (collectively with the Website, the “Services”).

This is a legally binding contract between you and Cascade Games. By using the Services or by clicking a button to accept or agree to these Terms, you: (1) acknowledge that you have read and understood these Terms; (2) agree to be bound by them; and (3) represent and warrant that you have the authority to accept them. If you don't agree with or can't accept all of the Terms, you may not download, install, use, or participate in the Website or the Services.

In addition to these Terms, if you wish to be certified as a judge, you will also be required to agree to the applicable terms and conditions set forth in our Certification Agreement, which can be found here: https://nexus.cascadegames.com/legal/certification

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), DISCLAIMERS AND LIMITATION OF LIABILITY (SECTION 13), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 17). PLEASE READ THESE SECTIONS CAREFULLY.

IMPORTANT NOTICES:

THE SERVICES ARE ONLY OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. DO NOT USE THE SERVICES IF YOU ARE NOT 18 YEARS OLD OR OLDER. FURTHER, CERTIFICATION SERVICES ARE ONLY OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. WE WILL NOT PROVIDE CERTIFICATION SERVICES TO YOU IF YOU ARE NOT 18 YEARS OLD OR OLDER.
Use of the Services is void where prohibited. By using the Services, you represent and warrant that: (i) all information that you submit is truthful and accurate; (ii) you are thirteen (13) years old or older; (iii) your use of the Services will not violate any applicable law or regulation, these Terms, or any other rules, policies, or notices published by Cascade Games, (iv) you are a "natural person"; and (v) you are not an individual specifically prohibited by Cascade Games from using the Services. Your account may be deleted and your access to the Services terminated without warning if we believe that any of the foregoing representations and warranties are inaccurate.
If you do not agree to these Terms, including our privacy policy, available at https://nexus.cascadegames.com/legal/privacy and incorporated herein by reference (the “Privacy Policy”), you must not access or use the Services.
If your access to the Services is terminated because of a violation or alleged violation of these Terms, you will not be entitled to any refund of any fees paid to us.
We may revise and update these Terms from time to time. All changes are effective immediately when we post them to the Services, and apply to all access to and use of the Services thereafter. We will use commercially reasonable efforts to notify you of such changes through the Services. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to check these Terms often for updates.

Access Requirements
Certain features available through the Services, including certain streaming audio, video or access to high-quality video, may not be available to you unless your computer or mobile device satisfies the applicable minimum technical requirements for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are solely responsible for determining whether your computer or device satisfies the minimum technical requirements for access to and use of the Services and acknowledge and agree that we will not have any liability to you in the event your computer or device does not satisfy the minimum technical requirements and that your sole and exclusive remedy will be to request termination of your access to the Services under the provisions of Section 18.1 of these Terms.
Accessing and Using the Services
1. Grant. Subject to your compliance with these Terms, we hereby grant you a personal, limited, non- exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services strictly in accordance with these Terms.
2. User Information. You will be asked to provide certain account registration details or other information (e.g., your email address) in order to access Services requiring a user account (“User Information”). User Information must be correct, current and complete. You consent to our use of your User Information in connection with your access to and use of the Services and otherwise in a manner consistent with our Privacy Policy. You are solely responsible for the confidentiality of your user name, password or other identifier(s) associated with your account. We have the right to disable a user name, password or other identifier for any reason, including if, in our opinion, you have violated these Terms. You may not use the account, user name, or password of any other user at any time.
User Content and Communications
1. User Content. The Services may allow users to communicate with others through real-time chats, message boards and other features. When your account is used to submit, post, or add content to the Services (collectively, “User Content”), you agree to accept sole responsibility for, and assume all liability (including liability for claims of infringement, libel and slander) associated with User Content, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video and photographic) therein. We do not claim ownership of User Content (expressly excluding your user data, which we collect in accordance with the Privacy Policy and expressly excluding any content created by you based on existing content we own or license, which we retain full ownership of).
2. Grant to Cascade Games. By submitting or posting User Content, to or through the Services, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicensable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User Content anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed. No compensation will be paid with respect to any use of User Content by us or our licensees. We are free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using User Content. We are under no obligation to maintain any User Content and may remove User Content at any time in our sole discretion. You waive any and all claims that any use by us or our licensees of your User Content violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary, attribution, or other rights, and rights to any material or ideas contained in your User Content.
3. Obligations. By posting or submitting User Content to the Services, you represent and warrant that you own or otherwise control all of the rights to such User Content, and that use of such User Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law. We reserve the right (but do not have the obligation) to review, edit, refuse to post or to remove any User Content, in whole or in part at any time and to terminate your ability to post User Content to the Services at any time, without notice, in our sole discretion.
4. Monitoring. Although we may maintain technical logs concerning your use of the Services, we do not routinely monitor User Content. You agree that we may not be held responsible for User Content and that we are not obligated to monitor it. Notwithstanding the foregoing, if we become aware of any User Content that we believe to violate these Terms or to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, we may – but are not required to – act in good faith to restrict access to or availability of such User Content. We may also take steps to terminate your access to the Services or take other appropriate steps, including, without limitation, initiating or assisting in legal action.
5. Notices. If you become aware of any content on the Services that you believe to be objectionable or to violate these Terms, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately by emailing questions@cascadegames.com. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.
Prohibited Uses
1. General Prohibitions. You may use the Services only for lawful purposes and strictly in accordance with these Terms. You agree not to:
  - Use the Services in any way that violates any applicable federal, state, local or international law or regulation.
  - Use the Services 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.
  - Use the Services to send, knowingly receive, upload, download, use or re-use any material that (i) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringes, misappropriates or violates any intellectual property rights or other rights of any other person; (iv) promotes any illegal activity, or advocates, promotes or assists any unlawful act; (v) gives the impression that material emanates from us or is endorsed by us or any other person or entity, if this is not the case; (vi) contains false statements or misrepresentations that could damage you, us or a third party; or (vii) does not comply with these Terms.
  - Use the Services to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  - Impersonate or attempt to impersonate Cascade Games, a Cascade Games employee, a Cascade Games sponsor, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  - Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  - Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring, copying or otherwise collecting material or information from the Services to be used for any commercial purpose.
  - Use any device, software or routine that interferes with the proper working of the Services.
  - Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  - Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
  - Otherwise attempt to interfere with the proper working of the Services or engage in any act or omission, or encourage or assist any third party to engage in any act or omission that violates these Terms.
2. Gambling. You are prohibited from using the Services to gamble or wager on the result of any game. If we believe that you have violated the prohibitions in this Section, we may immediately terminate your access to the Services, with or without notice to you.
Intellectual Property Rights
The Website and the Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Cascade Games, its licensors or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise commercially exploit any of the material on the Website or otherwise provided as part of Services, except as expressly authorized by these Terms or by Cascade Games in writing. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Cascade Games or its licensors.
Trademarks
The Cascade Games names and all related names, certification names, logos, product and service names, designs and slogans are trademarks of Cascade Games or its affiliates or licensors. You must not use such marks without the prior written permission of Cascade Games. All other names, logos, product and service names, designs and slogans on Services are the trademarks of their respective owners.
Usage Data
We may collect content, data or information aggregated from your use of the Services, such as performance metrics and usage trends, that do not identify or otherwise permit the identification of you or another person (“Usage Data”). We may use and disclose, and you hereby consent to our use and disclosure of, Usage Data for promotion, statistical analysis, market analysis, financial analysis, benchmarking, improvement of the Services, development of other products and services and other purposes that are not inconsistent with the Privacy Policy.
Administrative, Physical and Technical Safeguards
We will use commercially reasonable efforts to maintain administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of User Information that are consistent with industry standards for similar services and the Privacy Policy.
Information Posted to the Services
Any reliance you place on any information, content, or data available via the Services, including without limitation any User Content, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information, content, or data by you or any other visitor to the Website or user of the Services, or by anyone who may be informed of any of its contents. All statements, comments and/or opinions expressed through the Services, other than the content provided by Cascade Games, are solely the opinions and the responsibility of the person or entity providing those statements, comments and opinions. These statements, comments and/or opinions do not necessarily reflect the opinion of Cascade Games. We are not responsible, or liable to you or any third party, for the content or accuracy of any statements, comments and/or opinions provided by other users or any third parties.
Third Party Websites and Services
The Services may contain links to other information or services (“Linked Services”). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering products or services on the Linked Services.

We may incorporate third-party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third-party providers, as applicable. You agree that Cascade Games assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by Cascade Games.
Changes to the Services
We have and will retain sole control over the operation, provision, maintenance and management of the Services. We reserve the right, in our sole discretion, to make any changes to the Services that we deem necessary or useful to: (a) maintain or enhance (i) the quality, functionality or delivery of the Services to our customers, (ii) the competitive strength of or market for the Services, or (iii) the Services’ cost efficiency or performance; or (b) comply with applicable law. We will use commercially reasonable efforts to provide you with notice of these modifications and changes.
Geographic Restrictions
The Services are operated out of the United States of America. We make no claim that the Services or any of the content provided are accessible or appropriate outside of the United States of America. Access to the Services may not be legal by certain persons or in certain countries. Subject to the terms of the Privacy Policy, if you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws to the extent such local laws are applicable to your use of the Services.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cascade Games MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, QUALITY, ACCURACY, AVAILABILITY, ACCESSIBILITY, UPTIME OR NATURE OF THE CONTENT OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, USER CONTENT OR INFORMATION PROVIDED BY SUPPLIERS OR LICENSORS), SECURITY OF USER INFORMATION OR USER CONTENT, MERCHANTABILITY, OWNERSHIP, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Cascade Games WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, USER CONTENT OR INFORMATION PROVIDED BY SUPPLIERS OR LICENSORS) OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT CONTENT AND DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE SERVICES, YOUR USE OR DOWNLOADING OF ANY MATERIAL ITEMS, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES(INCLUDING, WITHOUT LIMITATION, USER CONTENT).

WITHOUT LIMITING THE FOREGOING, WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, INTEGRITY , QUALITY OR APPROPRIA TENESS OF ANY SUPPLIER PRODUCTS, SERVICES OR INFORMATION ACCESSIBLE IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE SIMPLY ACT AS A PASSIVE CONDUIT AND AN INTERACTIVE COMPUTER SERVICE PROVIDER FOR THIRD PARTY PRODUCTS, SERVICES AND INFORMATION ACCESSIBLE IN CONNECTION WITH THE SERVICES; SUPPLIERS PROVIDING THE PRODUCTS, SERVICES OR INFORMATION IN CONNECTION WITH THE SERVICES ARE SOLELY RESPONSIBLE FOR SUCH PRODUCTS, SERVICES AND INFORMATION, WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, ANY THIRD PARTY PRODUCTS, SERVICES OR INFORMATION ACCESSIBLE THROUGH THE SERVICES, THAT BY USING THE SERVICES YOU MAY BE EXPOSED TO INFORMATION THAT IS INACCURATE OR MISLEADING, AND YOU MUST EVALUATE, INVESTIGATE, USE YOUR OWN JUDGMENT AND BEAR ALL RISKS ASSOCIATED WITH SUCH PRODUCTS, SERVICES AND INFORMATION, INCLUDING, WITHOUT LIMITATION, PURCHASING ANY PRODUCTS OR SERVICES FROM SUPPLIERS IDENTIFIED IN CONNECTION WITH THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
Limitation on Liability
IN NO EVENT SHALL Cascade Games, ITS AFFILIATES, ITS SPONSORS, OR ITS LICENSORS BE LIABLE FOR LOSS OF DATA, LOSS OF PROFIT, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF Cascade Games OR ITS LICENSORS EXCEED $200.00 (USD). YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTION 13 AND THIS SECTION 14 ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
Indemnification
You will defend, indemnify and hold harmless Cascade Games and its officers, directors, employees, contractors, sponsors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) in connection with your violation of these Terms or your use of the Services, including, but not limited to, use of User Content, any use of the Services’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
Governing law; venue; time to bring claims
1. Governing Law. These Terms, your use of the Services, your interactions with Cascade Games, and any issues arising out of them will be deemed entered into in the State of Oregon, USA and governed by laws of the State of Oregon, USA without regard to its choice of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
2. Venue; Jurisdiction. To the extent not covered by Section 17 below, you consent and agree to the exclusive jurisdiction and venue of the state and federal courts within Multnomah County, Oregon USA, for any claims arising out of these Terms, your use (or inability to use) of the Services or your interactions with Cascade Games. You waive your right to argue that the state and federal courts in Multnomah County, Oregon USA are an improper venue.
3. Time to Bring Claims. In no event will you bring any claim, action, or proceeding related to or arising out of these Terms, your use (or inability to use) of the Services or your interactions with Cascade Games more than one (1) year after the cause of action arose.
4. Fees. In the event any litigation is brought by either party in connection with these Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Dispute Resolution; Arbitration
1. Dispute Resolution and Arbitration. With respect to any and all disputes arising out of or relating to the Services or these Terms (including without limitation the Privacy Policy), you and Cascade Games agree to negotiate in good faith to achieve a mutually satisfactory resolution. IF YOU AND Cascade Games DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION AS DESCRIBED IN THIS SECTION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. Any court with jurisdiction over the parties may enforce the arbitrator's award. All arbitration pursuant to this Section shall be confidential binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Cascade Games may seek any interim or preliminary relief from a court of competent jurisdiction in Multnomah County, Oregon necessary to protect its rights or property pending the completion of arbitration.
2. Class Action Waiver. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR Cascade Games WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If the agreement in this Section 17.2 not to bring or participate in a class or representative action or collective arbitration is found unenforceable, you and Cascade Games agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in arbitration as outlined above.
Termination
1. General. You may cease using the Website and Services, as well as terminate your account, at any time.
2. Our Termination.
  Without limiting our rights to terminate these Terms as set forth elsewhere, we may, at any time and at our sole discretion, suspend, terminate, deactivate, and delete your account, or suspend, terminate, or discontinue your access to or any part of the Services with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; (ii) you infringe any third-party intellectual-property rights; (iii) we are unable to verify or authenticate any information you provide to us; (iv) your use of the Services is inappropriate; (v) we stop offering the or Services in your region; (vi) it would be in the best interest of Cascade Games, a third party, or our community.
  
  Upon termination of your account or discontinuation of any part of the Services, all rights granted to you under these Terms will immediately terminate with no further obligations or liability to you. You will no longer have access to the Services (or any part thereof), including any of the associated data or content. You acknowledge and agree that you will not be entitled to any refunds and we will have no liability to you. We also have the right to terminate or suspend any other accounts you may have created with Cascade Games, as well as your access to any other Cascade Games products or services without any refunds or liability to you. Sections 3 through 10, 12 through 17, 18.2 (Our Termination) and 19 (General Terms), together with any licenses granted by you to Cascade Games hereunder, will survive termination of these Terms for any reason.
General Terms
1. Entire Agreement. These Terms, including the Privacy Policy, any Certification Agreement you enter into, and all other documents incorporated herein by reference, constitute the entire agreement between you and Cascade Games with respect to the Services and supersede all prior agreements with respect to the Services.
2. Assignment. These Terms and the rights granted herein are personal to you, and may not be assigned by you to any other person or entity. All of our rights and obligations under these Terms are freely assignable by us for any reason, including in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
3. 3 Severability. If any provision of these Terms is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court will fully enforce the resulting Terms.
4. Waivers. The failure of Cascade Games to enforce any of the provisions of these Terms, or to exercise any rights or remedies under these Terms, will not be construed as a waiver of our right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
5. Language; Interpretation. It is the express intent of the parties that these Terms and all related documents have been drawn up in English. The original of these Terms is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written or construed in the language of any other country. The headings of sections, paragraphs and subparagraphs of these Terms are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.
6. Export Control. You will comply with all applicable laws regarding your access and use of the Services. Without limiting the foregoing, software available in connection with the Services may be subject to United States export controls. No feature, function, software or any component thereof may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. You further agree not to upload to the Services any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.
7. Equitable Remedies. You hereby agree that Cascade Games would be irreparably damaged if these Terms were not specifically enforced. Therefore, you agree that Cascade Games will, in addition to any other remedy it may have under these Terms, at law or in equity, be entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to questions@cascadegames.com.