Terms of Use

These Terms of Use (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Cascade Innovations Inc. dba Cascade (“Cascade”) governing your access to and use of the Cascade platform available and all associated services (collectively, “Services“). 

Please read these Terms of Use carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Services, you agree to comply with and be bound by these Terms. If you are accessing Services as an authorized user through your employer’s account, your employer is subject to Cascade’s AI Terms and Conditions (AI Terms). 

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO ALL USERS. If you reside in the United States, this provision applies to all disputes with Cascade. If you reside outside of the United States, this provision applies to any action you bring against Cascade in the United States. It affects how disputes with Cascade are resolved. By accepting these Terms of Use, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

When these Terms mention “Cascade,” “we,” “us,” or “our,” it refers to Cascade Innovations Inc., a Delaware corporation and the company you are contracting with in this Agreement.

1. Scope of Services
   1. The Services is an online platform that enables users (“Users”) to get access to benefits, human resources assistance through Cascade’s artificial intelligence and machine learning functionalities (the “Purpose”).
   2. The Services are provided to you in accordance with Cascade’s Privacy Policy. 
   3. Cascade cannot guarantee the continuous and uninterrupted availability and accessibility of the Services. Cascade may restrict the availability of the Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Services. Cascade may improve, enhance and modify the Services from time to time.
2. Eligibility, Access to Services
   1. You must be at least 18 years old and able to enter into legally binding contracts to access and use the Services. By accessing or using the Services you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
   2. Cascade grants you access to the Services conditioned on i) your compliance with these Terms and ii) your employer’s compliance with the terms of the AI Terms and Conditions and its payment obligations to Cascade.
3. Modification of These Terms
   Cascade reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms here. 
4. Proprietary Rights in Software; Limited License
   1. The technology and software underlying the Services or distributed in connection therewith are the property of Cascade, our subsidiaries, affiliates and partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Cascade.
   2. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
5. User Content
   1. Cascade may enable Users to (i) upload, post, send, and store content, such as text, photos, audio, video, or other materials and information on or through the Services (“Inputs“); and (ii) access and view text, video, photographic, or other type of outputs created or produced by the Services (collectively “Outputs”).
   2. By uploading, posting, sending, storing, or otherwise making available any Inputs on or through the Services, you grant to Cascade a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Inputs to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Inputs to create Outputs and provide Services. Unless you provide specific consent, Cascade does not claim any ownership rights in any Inputs and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Inputs.
   3. You are solely responsible for all your Inputs. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Inputs that you make available on or through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Cascade the rights in and to such Inputs, as contemplated under these Terms; and (ii) neither the Inputs nor your posting, uploading, publication, submission or transmittal of the Inputs or Cascade’s use of the Inputs  (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
   4. You will not post, upload, publish, submit or transmit any Inputs that: (i) are fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) are defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) are violent or threatening or promote violence or actions that are threatening to any other person; (v) promote illegal or harmful activities or substances; or (vi) violate any other Cascade policy. 
6. Prohibited Activities
   1. You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Services. In connection with your use of the Services, you will not and will not assist or enable others to:
      • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
      • use the Services for any purpose other than the Purpose;
      • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Services in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties;
      • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
      • use, display, mirror or frame the Services, Cascade’s name, any Cascade trademark, logo or other proprietary information, or the layout and design of the Services, without Cascade’s express written consent;
      • dilute, tarnish or otherwise harm the Cascade brand in any way;
      • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Cascade or any of Cascade’s providers or any other third party to protect the Services;
      • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
      • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Services;
      • violate or infringe anyone else’s rights or otherwise cause harm to anyone.
   2. You acknowledge that Cascade has no obligation to monitor the access to or use of the Services by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Cascade in good faith, and to provide Cascade with such information and take such actions as may be reasonably requested by Cascade with respect to any investigation undertaken by Cascade or a representative of Cascade regarding the use or abuse of the Services.
7. Term and Termination, Suspension and other Measures
   1. This Agreement shall be effective until such time when your employer or Cascade terminate the AI Terms. You can choose to stop using the Services at any time. 
   2. In addition, Cascade may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (ii) if you have breached these Terms, applicable laws, regulations, or third party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the Cascade account registration, listing process or thereafter; (iv) if Cascade believes in good faith that such action is reasonably necessary to protect the personal safety or property of Cascade, its Users, or third parties, or to prevent fraud or other illegal activity; (v) for any other bona fide reason determined by Cascade in a good faith exercise of its reasonable business judgment:
      • limit your access to or use of the Services;
      • temporarily or permanently revoke any special status associated with your account; or
      • temporarily or permanently suspend your account.
   3. When this Agreement has been terminated, you are not entitled to a restoration of your account or any of your User Content. 
8. Disclaimers
   If you choose to use the Services, you do so voluntarily and at your sole risk. The Services are provided “as is”, without warranty of any kind, either express or implied.

   Cascade is not affiliated with any health or benefits providers and is solely providing information related to your employer provided health insurance, benefit plans, and your employer’s policies. The information, software, products, and services included in or available through Cascade may include inaccuracies. Cascade cannot guarantee coverage or your financial exposure for any healthcare or healthcare related services. Cascade does not provide medical or diagnostic services, nor does it recommend treatment or health care advice. Information provided by Cascade is not intended, nor implied to substitute for professional medical advice. Any information received via the Services should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Any concerns regarding your employer’s policies should be addressed directly to your HR representative. 

   The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

9. Liability
   You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, your publishing or viewing of any content via the Services or any other interaction you have with other Users whether in person or online remains with you. Neither Cascade, its officers, directors, employees and agents, nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, or (ii) from the use of or inability to use the Services, as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Cascade has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Cascade’s aggregate liability arising out of or in connection with these Terms and your use of the Services exceed one hundred U.S. dollars (US$100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cascade and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
10. Indemnification
    You agree to release, defend (at Cascade’s option), indemnify, and hold Cascade and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Services, or (iii) your breach of any laws, regulations or third party rights.
11. Dispute Resolution and Arbitration Agreement
    1. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Cascade in the United States.
    2. AGREEMENT TO ARBITRATE.  ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND CASCADE AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.
    3. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Cascade each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Cascade’s customer service team by emailing us at support@gocascade.ai . If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
    4. Exceptions to Arbitration Agreement. You and Cascade each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
    5. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Commercial Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
    6. Modification to AAA Rules – Arbitration Hearing/Location.  You agree that any required arbitration hearing will be conducted, at Cascade’s sole and complete discretion, (a) in Seattle; (b) in any other location to which you and Cascade both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
    7. JURY TRIAL WAIVER. YOU AND CASCADE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.
    8. NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND CASCADE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND CASCADE BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.
    9. Severability. Except as provided in the immediately preceding paragraph, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
    10. Changes. Notwithstanding the provisions of Section 3 (“Modification of These Terms”), if Cascade changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Cascade in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
    11. Survival. Except as otherwise provided in this section, this section will survive any termination of these Terms and will continue to apply even if you stop using the Services or you or your employer terminates your Cascade account.
12. Feedback
    We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by emailing us at support@gocascade.ai. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
13. Applicable Law and Jurisdiction
    1. If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of Washington and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement above must be brought in state or federal court in Seattle, Washington, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Seattle, Washington.
14. General Provisions
    1. These Terms constitute the entire Agreement between Cascade and you pertaining to your use of the Services, and supersede any and all prior oral or written understandings or agreements between Cascade and you in relation to the access to and use of the Services.  If you are accessing Services as an authorized user through your employer’s account, your employer is subject to Cascade’s AI Terms and Conditions. In the event of a conflict between these Terms and the AI Terms and Conditions, the terms of the AI Terms and Conditions shall prevail. 
    2. No joint venture, partnership, employment, or agency relationship exists between you and Cascade as a result of this Agreement or your use of the Services.
    3. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
    4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
    5. Cascade’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
    6. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Cascade’s  prior written consent. Cascade may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. 
    7. Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by Cascade via email or in platform notification. 
    8. If you have any questions about these Terms please email us at legal@gocascade.ai.