Remote Scouts Terms & Conditions
You have now entered Cedar Global Solutions Inc.’s (“Cedar” “we”, “us”, or “our”) website (“Site” or “Website”).
Please review these terms and conditions (“Terms” or “Agreement”) carefully. These terms are applicable to visitors of this site and constitute a legally binding contract that affects your rights and limits our liabilities. To the extent you access this Site and any pages related to this Site, but do not register to use our online portal or related services, you agree to be bound by these Terms. Separate terms apply to registered users of our online portal.
General Terms
This Site provides general information about us and the ability to interact, communicate, make payments, or register for account access (the “Service” or “Services”) with Cedar or its affiliates (each, an “Affiliate”). These Terms apply to non-registered users who decide to visit this site, but do not register to login to receive Services. Registered users are required to review and agree to separate terms, which supersede these Terms. The term “Affiliate” means the parent company of Cedar, and any present or future company that controls, is controlled by, is under common control with Cedar, or a third party that provides Cedar with services to support or facilitate the Services provided to you. In these Terms, “you” and “your” refer to the individual and as applicable, the entity you represent, while accessing or using this Site. You or we may also be referred to as a “party” or as the “parties.”
If you are accessing this Site, regardless of the method, including through (1) a related website on a desktop, mobile, or other device; (2) a mobile application whether or not such mobile application is published by Cedar; or (3) any other channel or method, it means you have expressly agreed to these Terms. You acknowledge that this Site is the property of the Cedar. In using any webpage, website, or other aspect of this Site, you hereby agree to be bound by these Terms. Cedar offers the Site to you only based on your acceptance of these Terms without modification and reserves the right and may, from time-to-time, make changes to Services or these Terms. Any changes or modifications to the Terms by Cedar will be effective upon upload to the Site. We will notify you of any material change only if required by applicable law. You acknowledge that it is your sole responsibility to periodically review these Terms to remain apprised of any changes, revisions, or updates. Your ongoing and/or continued access to this Site, following any revision, change, modification, or update to these Terms, constitutes your acceptance of the modified terms related to Services and/or this Site.
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of your use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You agree that Cedar may assign or delegate any or all of its rights and responsibilities under these Terms to any other party, without notice to you and without your consent, and any rights or responsibilities so assigned or delegated may be exercised or performed by either Cedar, its Affiliates, or the third party so assigned or delegated.
Using Site
Cedar reserves the right to determine your eligibility for Services and use of this Site and as such, you may not be eligible for some or all of the Services. You understand and acknowledge that you are solely responsible for any actions you take in connection with your use of the Site, and any data, material, or information (“Data”) you share through the Site. You agree not to reproduce, transmit, disseminate, broadcast, circulate, republish, duplicate, sell, modify, upload, post, or otherwise distribute or commercially exploit the Site, or any portion of the content of the Site, in any way without Cedar’s prior written consent.
You may not link to this Site without the permission of Cedar. You agree not to store, upload, or transmit to or via the Site any Data that: (a) infringes upon, or violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is defamatory, libelous, or threatening; (c) is known by you to be false or inaccurate; or (d) violates any applicable law, treaty, or regulation. You agree you will neither upload nor transmit to the Site any Data containing any virus, worm, or other harmful feature. You agree not to interfere, in any way, with others’ use of the Services and you will not attempt to gain unauthorized access to the account, computer system, Services or Data of another user or use this Site for any improper purpose.
In addition to the above, you are prohibited from: (a) engaging in any act where you know, or have reason to know, that such act may disrupt the Site’s functionality; (b) translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of any software located on the Site (the “Software”); or (c) using the Site in any way that violates local, state, federal, or international law. Without limiting the foregoing, certain Software may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported or re-exported to (a) a country subject to U.S. embargo (or otherwise shared or sent to any national or resident of that country); (b) any person listed on the Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals (“SDN”) list; or (c) any person, entity or country mentioned under the U.S. Commerce Department’s Table of Denial Orders. If you use the Software, Site or Services, you represent and warrant that you are not on any of the above-referenced lists or otherwise located in, or subject to the control of, any such country on any of the foregoing lists, and you hereby represent and warrant that you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
You may use information related to Services and this Site made available to you by Cedar, in connection with downloading from the Site, provided that you: (a) do not remove any proprietary or legal notice language in such documents; (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any medium; (c) make no modifications to such information; (d) do not make any additional representations or warranties to any party in connection with your use of such documents; and, (e) adhere to the Terms hereunder. You agree not to use or construe any information obtained from Cedar or its Affiliates, whether from these Terms, through Services, or otherwise, as legal advice and you will seek independent legal counsel when you have a legal question concerning your account with Cedar.
The Site, as applicable, may only be offered in certain jurisdictions where they may be legally offered by Cedar in its sole discretion. The Site is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be restricted, prohibited, or otherwise contrary to law or regulation.
You agree not to use any language or engage in behavior perceived by another as bullying or use disparaging remarks or comments in your communications with Cedar, its Affiliates, or third parties concerning the Service or your account(s). You agree not to communicate with Cedar or use Services while driving and not to use Services for illegal purposes or in a way that is harassing, damaging to others, invasive of another’s privacy, abusive, threatening, sexually explicit, pornographic, or obscene, or in any way that infringes on the rights of others. You agree to that if you decide to rate Cedar or its Affiliates, it will be solely based on your experience with Cedar or its Affiliates. You agree not to use Services in unintended ways including, but not limited to, trying to expose Cedar or its Affiliates to legal action. You acknowledge that you are not required to use Services and the features provided by Services may be completed by you without using the Site.
When we supply, upload, or e-mail you documents pursuant to a legal requirement or at your request, they are deemed received once they have been uploaded to the Site or e-mailed to you and it is your responsibility to review them in a timely manner.
If we receive an e-mail or letter from a third party on your behalf, you give Cedar permission to receive and review that communication and upload it to the Site or send it to you.
Terms Related to Payments
By accessing your invoice through this Site or going directly to make a payment without signing into your account, you will have access to Cedar’s web-payment service (“Payment Page”). The purpose of this Payment Page is to offer convenient and secure payment options. Payments made through this Payment Page may incur a convenience fee for each transaction, where they are legally permissible. That fee will be displayed for your authorization prior to final submission of your payment. This includes payments made that utilize ACH (bank draft), credit card or debit card. This is a fee charged by Payscout, an independent service provider to Cedar. We do not receive any part of the convenience fee charged by Payscout. When you make a payment using the Payment Page, your bank or credit card statement will reflect a separate debit from Payscout for the convenience fee, if applicable. If you do not wish to incur a convenience fee you may make payment by check, cashier’s check, or money order and send the same directly to Cedar Global Solutions Inc., 5230 Las Virgenes Road, Suite 210, Calabasas, California, 91302. In order to properly process your transaction, it is necessary that you complete all of the requested information.
Refunds are not authorized for payments made on this Site. If you believe a payment amount was processed in error, please contact our office to discuss the matter, which will be addressed on a case-by-case basis.
By submitting payment information through the Payment Page you agree to the Terms and any documents incorporated by reference. You further agree that these Terms form a legally binding agreement between you and Cedar. By clicking on the “I Agree” or by accessing this Site, you are hereby accepting these Terms and the stated fee for using the payment website.
Third-Party Account Information
By using any applicable financial, banking or account linking service or any similarly applicable service throughout the Site, you authorize Cedar, its vendors, and its Affiliates to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Cedar and its Affiliates as your agent for this limited purpose. Each time you enter your account login information, you are permitting Cedar and its Affiliates to process your request(s) and use information submitted by you to accomplish the Service. When making payments through this Site, you authorize Cedar to charge the credit card or debit the bank account indicated by you according to the terms of your payment. You certify you are an authorized user of the credit card or bank account and that you will not dispute the payment with your credit card company or other financial institution, so long as the transaction corresponds to the terms indicated with your payment. You agree to our charge of a non-sufficient funds fee for returned checks in accordance with state law.
Information You Provide
Through this Site and other communications with Cedar, you will be able to provide information to contact you and communicate with you. You warrant and represent that any information you provide is yours and is accurate. By providing information to us you us consent to share it with our Affiliates and vendors and to retrieve additional information from third parties using the information you provided. It is solely your responsibility to assure that the information you have provided to us is current and accurate. You agree to correct any inaccurate information you identify, regardless of its source, by notifying us immediately upon noticing the inaccuracy, providing a statement detailing the information to be corrected, and providing the new information that should be used to make the necessary corrections. You agree not to provide false, inaccurate, or incomplete contact information and inform us upon noticing any inaccurate information. We will not be held liable for any error in delivering the Service or features of this Site based on you providing inaccurate information.
You may update or correct your e-mail address or some of your other contact information by writing to 5230 Las Virgenes Rd., Suite 210, Calabasas, California 91302 or sending electronic mail to info@cedarglobalsolutions.com.
Except for making payment(s) through the Payment Page (described above under “Terms Related to Payments”), you agree not to communicate sensitive personal information through this Site, whether using chat features or other communication channels such as contact forms. You understand that communicating electronically is not the safest method of communication and there are alternate communication methods available to you. If you choose to communicate through this Site, whether through chat (with live agents or AI bot applications) or other available methods, you consent to recording of such conversations for our use as provided below. You also understand and acknowledge that, while you should never communicate sensitive personal information through chat or other electronic communication channels, it is still possible for you to communicate sensitive personal information through such channels, the contents of which may be recorded and learned by Cedar, its Affiliates, its vendors, or third parties with access to such recordings. By accessing this Site or any of its pages or communicating with us through this Site or its features, you expressly consent to recording the contents of your communication(s), including any sensitive personal information you provide, and our use of your information in accordance with these Terms and our Privacy Policy.
Use of Your Information
By accessing the Site, you understand and agree that Cedar and its vendors or its Affiliates may collect and retain certain information about you or your device and use that information to provide Services, perform certain obligations for its clients, for identity verification and fraud avoidance, or for other purposes, in accordance with Cedar’s policies or as may be required by applicable law. When you access this Site, Cedar, its vendors, or its Affiliate may collect and retain certain information, which is further described under its Privacy Policy.
The information may be stored in the United States or other countries and is protected in accordance with Cedar’s information security standards. Please see our Privacy Policy here, which is incorporated by reference, for more information about how we treat your data. Our Privacy Policy is regarding information collected only directly through or from our Site or Services and it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Site, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.
By accessing this Site, you expressly agree to the terms of our Privacy Policy and the way we treat or use your information. You agree to us collecting the IP Address for internal security and other proprietary purposes even if you have included a Do Not Track request. You also agree to us sharing your information with our vendors, affiliates, and subcontractors, as necessary, to help facilitate our services, including but not limited to those who assist with mail, e-mail, SMS, MMS, data storage, database management, security, payment processing, auditing, compliance, legal services, information providers, communication services, and the like.
You agree that Cedar or its Affiliate may send you e-mail messages to the e-mail address you have provided to us. You agree to Cedar and its Affiliate’s use of live calls, automated telephone dialing systems, pre-recorded messages, text messages (including SMS and MMS), artificial voice message calls, messages through social media platforms, and ringless voicemails to contact you, regardless of whether we are attempting to contact you on your cell phone or landline. When you provide us with any form of contact information, even if through a social media platform or third-party service provider, you consent to be contacted by Cedar or its Affiliates, to the extent permitted by applicable law, using the contact information you provide regardless of the method used. Alternatively, we may obtain your contact information from other sources. Thus, unless you request that we stop communicating using information we obtained from other sources, you agree that Cedar, its vendors, and its Affiliate may continue to use such information to continue communicating with you using any of our available communication methods. Except for telephone and text messages, you consent to Cedar or its Affiliates contacting you using any communication method at any time of the day or night.
You represent that you are the owner of the mobile phone number and email address you provide to us or have the delegated legal authority to act on behalf of the mobile and/or email subscriber to provide this consent. You may incur charges from your wireless carrier or other service provider when we attempt to communicate with you. You consent and authorize us to monitor, record, and store records of communications you have with us and with our representatives for any reasonable business purposes. Unless required by law, you will not be notified about call monitoring or recording.
By using the Site, you acknowledge and agree that Cedar, its vendors, or Affiliates may place cookies on the computer(s) or device(s) you use to access the Site, and in accordance with our Privacy Policy, collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location to provide services. Cookies help us confirm your identity and help us keep your transactions secure when you use the Site or the Services. We also use cookies for various purposes, such as maintaining continuity during an online session, gathering data about your use of the Site and other websites, or optimizing the performance of the Site.
We will comply with all applicable laws concerning production of documents and files pursuant to subpoenas, court orders, investigations, and requests by state or federal governmental agencies and regulators. In complying with such requests for production of documents, we will furnish information to the extent legally required by such requests. You consent to us furnishing your information in this regard.
If you do not agree with how we may use your information gathered by use of this Site, you may revoke your consent at any time by discontinuing your use of the Site and informing Cedar by writing to Cedar Global Solutions Inc., Attn: Compliance Department, 5230 Las Virgenes Rd., Suite 210, Calabasas, California 91302, or sending electronic mail to info@cedarglobalsolutions.com.
You may make requests to stop contacting you by writing to Cedar Global Solutions Inc., Attn: Compliance Department, 5230 Las Virgenes Rd., Suite 210, Calabasas, California 91302, or sending electronic mail to info@cedarglobalsolutions.com. You agree to receive a final message from us if you choose to opt out of text or e-mail communications, which will confirm your request.
Session Recordings; Heatmaps; User Experience Tools
Cedar and its vendors and Affiliates may use technology in order to better understand your needs and to optimize our services and user experience. This technology may record sessions of how much time you spend on certain pages; which links you choose to click; where you click, scroll your mouse, and move in between pages; what you do and don’t like; and the like. We use this information to create visual representations (“Session Recordings”) of the experience. This enables us to build and maintain our Site and services with your feedback. Session Recordings reconstruct the individual actions you took during a website visit. Heatmaps aggregate data points from you and hundreds of other visitors in one report.
We use cookies, Session Recordings, heatmaps, and other technologies to collect data, behavior, and device information. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. This information is stored on our behalf in a pseudonymized user profile. We do not sell any of the data collected.
By accessing this Site, you expressly agree to our use of cookies, Session Recordings, heatmaps, and other technologies to collect your information and the way we treat or use your information. You also agree to us sharing your information with our vendors, affiliates, and subcontractors, as necessary, to help facilitate our services.
Site Confidentiality and Security
Features or Services offered through this Site require you to verify your identity, create a user profile (including setting up a username and password), and agree to separate terms that supersede these Terms. You are solely responsible for maintaining confidentiality of your account information, including your password, for any and all activity related to your account. You further agree to establish commercially reasonable security procedures and controls to protect your confidential information. You agree to notify Cedar immediately of any unauthorized use, or any other breach of security, including suspected or actual account “phishing” incidents. You understand that you may be held liable for losses incurred by Cedar or any other user of or visitor of the Site due to an unauthorized party using your login information, password or account. You agree not to use anyone else’s name, password, or account to access the Site at any time without the express permission and consent of such party. You acknowledge that Cedar is not liable for any loss or damage arising from your failure to comply with these obligations. Cedar will not be responsible or in any way liable for any losses or damages you may incur as the result your use of this Site.
Technical Requirements
In order to access the Site, you must have (i) a computer, tablet, or mobile device with internet access and a browser installed that can send and receive information using the technology that supports this Site (“Technology”), and (ii) all information required to register, which will be described at the time of registration. We or third parties may update the technical standards required to access and use the Site, which may require you to update your Technology. It is your sole responsibility to update your Technology in order to continue using the Service.
Content and Proprietary Rights
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Site is owned, controlled or licensed by or to Cedar and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws. Certain other words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. Display of any such trademarks or service marks on the Site does not imply that a license of any kind has been granted.
Except as expressly provided in these Terms, no part of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Cedar’s prior written consent. Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of any copyrightable matter in the above and/or the Content on the Site is strictly prohibited, and may result in legal action against those engaging in such activities.
Third-Party Links and Advertisements
You understand and acknowledge that Cedar may, from time to time, provide links to third-party websites. You agree that Cedar is not responsible for any content related to such links or sites, including any products, services, privacy policies or other materials accessed through such third-party links or websites, and referrals to third-party sites is not an endorsement and you will conduct do your own due diligence. The display of any website link does not imply endorsement by Cedar of the linked site, or any content found on such site.
IN NO EVENT SHALL CEDAR BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR TO ANY PARTY FOR ANY DAMAGE OR LOSS ARISING FROM, OR RELATING TO, ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD-PARTY SITE OR ANY OTHER LINK FOUND ON SUCH LINKED SITE. IN NO EVENT SHALL CEDAR BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR TO ANY PARTY FOR ANY VIOLATION OF LAW OR RESULTING DAMAGES, ATTORNEY FEES, LOSS OR THE LIKE ARISING FROM, OR RELATING TO, THIRD-PARTY SITES OR INFORMATION PROVIDED BY THIRD-PARTY SITE OWNERS AND/OR OPERATORS.
Children Online Privacy Protection Act
This Site will not, and does not intend to, market any Cedar products or related services to children. Cedar does not knowingly gather or solicit data from children through the Site, and by using the Site you represent that you are an adult who is at least 18 years of age.
Modification or Discontinuance of Certain Products or Services
You understand that, at any time and without notice to you, and for any reason whatsoever, Cedar may modify or discontinue all or any part of Cedar products and/or services including, but not limited to, this Site and Services. You acknowledge that Cedar shall in no way be held liable for any consequence resulting from Cedar’s decision to modify or discontinue providing all or any part of Cedar’s products and/or services.
Third-Party Companies and Products
Mention of third-party products, companies and websites on the Site is for informational purposes only and neither constitutes an endorsement nor a recommendation. Cedar assumes no responsibility and disclaims any and all liability with regard to the selection, performance or use of these products or vendors. Cedar provides this only as a convenience to our users. Cedar has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Cedar assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet.
Disclaimers
CEDAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ACKNOWLEDGE AND ACCEPT THAT WE DO NOT GUARANTEE OR PROMISE RESULTS FROM USING OUR SERVICE INCLUDING. CEDAR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, NOR DOES CEDAR MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CEDAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CEDAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. CEDAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CEDAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CEDAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Cedar reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. If you are within a jurisdiction that does not allow the exclusion of certain warranties above, those certain exclusions may not apply to you.
Limitation of Liability
CEDAR AND ITS AFFILIATES, CLIENTS, AND VENDORS WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE.
CEDAR’S MAXIMUM, COMBINED AGGREGATE LIABILITY TO YOU UNDER THE TERMS AND RELATED SERVICE SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00 USD).
If you are within a jurisdiction that does not allow the limitation or exclusion of certain liabilities above, then those certain limitations may not apply to you.
Indemnification
You agree to indemnify and hold Cedar, its subsidiaries, affiliates, officers, agents, representatives, officers, vendors, clients, and employees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with your use of Cedar’s products and services including but not limited to, use of this Site and Services, your violation of these Terms, or your violation of any rights of any third party.
Mediation
If a dispute arises out of or relates to the use of this Site or Cedar’s services, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
Arbitration; Class-Action & Jury-Trial Waivers
If a dispute is not resolved by mediation, you agree to arbitrate all disputes and claims that arise out of or relate to your use of our Site. Therefore, you agree that, by using our Site, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of any use of our Site or other websites, use of the Service, and disputes under these Terms or with Cedar, regardless of how or when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Cedar. The arbitration may be conducted telephonically. Unless otherwise prescribed by law, the costs of arbitration will be split evenly between you and Cedar. In any action between you and Cedar or its Affiliates, the prevailing party will be entitled to receive from the other party its reasonable attorneys’ fees incurred in bringing or defending the action.
Limited Timeframe to Bring Action
Any claim or cause of action arising out of your use of Services, Site or other websites, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Notice
You may provide us with notice by writing to Cedar Global Solutions Inc., Attn: Compliance Department, 5230 Las Virgenes Rd., Suite 210, Calabasas, California 91302, or e-mail to customersupport@cedarsbiz.com.
Unless otherwise required by law, we may provide notice to you either by mail or electronically. If we choose to provide the notice to you by mail, we may mail it separately or with other information to any address on our records for you. If we choose, we may provide notice electronically.
Governing Law
The laws of the State of California will govern these Terms, without giving effect to any conflicts of laws principles; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law. You agree that any action arising out of the Terms, or your use of Cedar products and/or services including but not limited to the Site and Services, shall be brought in state or federal court in the State of California, County of Los Angeles, and you consent to the jurisdiction of such courts.
Miscellaneous
You may not assign or otherwise transfer these Terms or any rights or obligations under these Terms. Cedar’s failure to act on any breach of any provision of these Terms shall not be construed as a waiver of the enforcement of any provision unless Cedar agrees to such waiver in writing.
Each provision of this Agreement is intended to be severable. If any term or provision hereof is held by a court of law to be in violation of an applicable local, state or federal ordinance, statute, law administrative or judicial decision, public policy or for any other reason, and if such court should declare such provision of these Terms to be illegal, invalid, unlawful, void, voidable, or unenforceable as written, then such provision shall be given full force and effect to the fullest extent that is legal, valid and enforceable, the remainder of these Terms shall be construed as if such illegal, invalid, unlawful, void, voidable or unenforceable provision was not contained herein, and the rights, obligations and interests of the parties under the remainder of these Terms shall continue in full force and effect. If any provision is held to be unenforceable, the court making such determination shall have the power to, and shall, modify such provision to the minimum extent necessary to make such provision, as so modified, enforceable, and such provision shall then be applicable in such modified form.
Except for the terms applicable to registered users of this Site, these Terms set forth the entire understanding between you and Cedar with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Cedar with respect to such subject matter.