Terms of service

TERMS OF USE

These Terms of Use and all other terms and policies posted by Cane Creek on the Cane Creek Sites (and any updates thereof by Cane Creek) (collectively, these “Terms of Use”) constitute a binding agreement between you and Cane Creek, when you access the Cane Creek Sites. The Privacy Policy posted at canecreekcuts.com also forms part of these Terms of Use and is incorporated by reference herein in its entirety.

BY ACCESSING OR USING OUR SERVICES, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (II) REPRESENT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO A BINDING AGREEMENT; AND (III) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE CANE CREEK SITES. In addition to the foregoing, you acknowledge that these Terms of Use govern your conduct associated with the Cane Creek Sites offered by Cane Creek and to the extent of any conflict between the Privacy Policy and these Terms of Use, these Terms of Use shall control.

You acknowledge that the right to use the Cane Creek Sites is personal to you and is not transferable to any other person or entity. We reserve the right to change these Terms of Use at any time, for any reason and no reason, and you agree to be bound by any such changes. If we decide to change these Terms of Use, the effective date will be posted so that you will always know what terms of use apply when you use the Services.

Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”

Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Cane Creek Sites shall be subject to these Terms.

Any breach of these Terms of Use immediately terminates your right to access and use the Services and all rights and licenses granted to you by these Terms of Use.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

DEFINITIONS

As used herein, the following terms shall have the following meanings:

“Cane Creek,” “we,” “us” and “our” each refer to Cane Creek Consulting LLC, and any subsidiaries thereof (including any subsidiaries that may be formed or acquired by Cane Creek, LLC, in the future), and their affiliates, directors, officers, employees and agents.

“Cane Creek Entities” means Cane Creek, and its suppliers, vendors, contractors, and licensors.

“Cane Creek Sites” we mean canecreekcuts.com, any Cane Creek Apps, and all related functionality, (including but not limited to Generative AI Tools), services, and Content offered by or for Cane Creek on or through canecreekcuts.com and any Cane Creek Apps or the systems, servers, and networks used to make the Cane Creek Sites available.

“Chatbot” means an application feature or interface by which a user can engage in communications that are intended to imitate human communications, including through the use of Generative AI and artificial intelligence models.

“Content” means information, descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, written and other materials and Inputs.

“Generative AI” means artificial intelligence capable of generating new text, images, or other media.

“Materials” means Content that Cane Creek Entities make available on or through the Cane Creek Sites. The term “make available,” as used herein, includes post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through third-party social media platforms (e.g., Facebook, Instagram, or X (formerly, Twitter)) that allow interaction with the Cane Creek Sites through the tools offered by such social media platforms).

USER RESPONSIBILITIES

You may choose to establish an account on our Cane Creek Sites (“Account”), and may be required to provide certain information, including your email address to access the Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account. Any personally identifiable information you provide to us through the Cane Creek Sites is subject to our Privacy Policy.

You agree to accept responsibility for all activities that occur under your Account. We may suspend or terminate your Account at any time, for any reason or no reason and without prior notice to you.

You are solely responsible for reading and complying with any supplemental terms and/or rules that we may provide from time to time in addition to these Terms of Use, including, without limitation, those for any contests, sweepstakes, promotions or other additional features made available on our Cane Creek Sites.

INTELLECTUAL PROPERTY

All Material and the Cane Creek Sites, including all contents, such as media, web applications, mobile applications, software, materials, design, text, images, photographs, videos, audio, and proprietary information thereof, as well as any accompanying documentation or other materials, tangible or intangible, works of authorship, and all derivative works, translations, adaptations or variations of any of the foregoing, now known or hereinafter reduced to practice, authored, created, invented, designed, developed, or discovered, and all intellectual property rights therein are owned or controlled by or licensed to Cane Creek. The compilation (meaning the collection, arrangement, and assembly) of the Cane Creek Sites and Materials is the exclusive property of Cane Creek. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Cane Creek to use the Cane Creek Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) do not modify or alter the Materials in any way and (2) do not provide or make available the Materials to any third party in a commercial manner. No license, right, title, or interest in the Cane Creek Sites or any Materials is transferred to you as a result of your use of the Cane Creek Sites or your accessing, viewing, downloading, or printing of the Materials. Except as stated above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Cane Creek Sites. The Cane Creek Sites and Materials may be used only as a personal shopping resource. You acknowledge that we may revoke the foregoing limited license at any time for any or no reason and that we will enforce our intellectual property rights to the fullest extent of the law.

The Cane Creek names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Cane Creek Sites are trademarks or trade dress of Cane Creek. All other marks are the property of their respective companies.

As between you and Cane Creek (or our licensors, affiliates, sponsors, or any other third parties), Cane Creek (or the respective licensor, affiliate, sponsor or third party) is the owner and/or authorized user of any trademark (including registered and applied-for trademarks), logo, trade name and/or service mark appearing on the Cane Creek Sites (“Trademarks”). You may not use any Trademarks, including the Cane Creek logos and trademarks, in any manner without our express written consent, regardless of whether or not the Trademark is registered.

Cane Creek prohibits users from posting any materials that infringe another party’s intellectual property rights. If a copyright owner believes that its copyrights have been used on the Cane Creek Sites in a way that constitutes copyright infringement, the copyright owner (“Copyright Complainant”) should promptly notify us at the email address identified below. To be effective, such notification must include:

1.    an electronic or physical signature of the Copyright Complainant or such person authorized to act on behalf of the owner of the Copyright Complainant;

2.    a description of the copyrighted work claimed to be infringed upon;

3.    a description of where the material that you claim is infringing is located on the Cane Creek Sites or Services;

4.    information reasonably sufficient to permit us to contact the Copyright Complainant or such person authorized to act on behalf of the Copyright Complainant, such as your address, telephone number, and email address;

5.    a statement that the Copyright Complainant has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.    a statement by the Copyright Complainant, made under penalty of perjury, that the information including in the notice is accurate and that the Copyright Complainant or such person authorized to act on behalf of the Copyright Complainant is the copyright owner of an exclusive copyright that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act of 1976 (“DMCA”), our designated copyright agent for notice of claims of copyright infringement on the Cane Creek Sites or Services can be reached as follows:

Copyright Complaint Contact: canecreekconsulting@outlook.com

We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. Please note that under Section 512(f) of the Copyright Act, any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

USER CONDUCT

 

You certify that the Content and information you provide on or through the Cane Creek Sites is accurate and complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN, and Cane Creek is not responsible for any losses arising out of the unauthorized use of your account. You agree that Cane Creek does not have any responsibility if you lose or share access to your device. You agree that Cane Creek is not a party to any agreement between you and the issuer of your credit card, debit card, or other form of payment, nor is Cane Creek responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Cane Creek Sites or any portion of the Cane Creek Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Cane Creek Sites.

In connection with the Cane Creek Sites, you will not:

●      Make available any Content through or in connection with the Cane Creek Sites that is or may be Prohibited Content (defined below);

●      Make available through or in connection with the Cane Creek Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

●      Use the Cane Creek Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful;

●      Collect information about users of the Cane Creek Sites;

●      Interfere with or disrupt the operation of the Cane Creek Sites or the systems, servers, or networks used to make the Cane Creek Sites available, including by hacking or defacing any portion of the Cane Creek Sites; or violate any requirement, procedure or policy of such servers or networks;

●      Restrict or inhibit any other person from using the Cane Creek Sites;

●      Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Cane Creek Sites except as expressly authorized in these Terms of Use, without Cane Creek’s express prior written consent;

●      Reverse engineer, decompile, or disassemble any portion of the Cane Creek Sites, except where such restriction is expressly prohibited by applicable law;

●      Remove any copyright, trademark, or other proprietary rights notice from the Cane Creek Sites;

●      Systematically download and store any Materials;

●      Use, without Cane Creek’s express prior consent, any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Cane Creek Sites;

●      Cause injury;

●      Violate any law, rule, or regulation, or these Terms of Use.

You will not use the Cane Creek Sites or Cane Creek’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Cane Creek trademark, logo, URL, or product name without Cane Creek’s written consent;

You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

Submitting Content: Cane Creek provides functionality that enables users to make available Content and Ideas in connection with their use of the Cane Creek Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for the legality, accuracy, appropriateness, originality, and your rights in any such Content you make available in connection with any Cane Creek Site. You represent and warrant that (1) you have the authority to grant the rights in such Content as set forth in these Terms of Use; and (2) such Content, and the use thereof, will not violate any term of these Terms of Use.

You grant to Cane Creek a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Cane Creek is free to use any Ideas for any purpose. Cane Creek may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Cane Creek is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Cane Creek the right to use any name associated with any Content or Idea that you make available to Cane Creek, although Cane Creek has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

Prohibited Content: You agree that you will not make available any of the following Content in connection with the Cane Creek Sites (all of which shall constitute “Prohibited Content”):

●     False, fraudulent, inaccurate, or misleading Content;

●     Content that contains your full name(s), or any other confidential personally identifiable information of yourself or others;

●     Content that violates any local, state, federal, or international laws or is otherwise tortious;

●     Content is protected by or would infringe on the rights of others (including Cane Creek), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

●     Content that is obscene, indecent, pornographic, or otherwise objectionable;

●     Content that is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Cane Creek in its sole discretion;

●     Content that is victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

●     Violent or threatening Content;

●     Advertisements, solicitations, or spam links to other web sites or individuals without written consent from Cane Creek;

●     Chain letters or pyramid schemes or Content that relates thereto;

●     Content that impersonates another business, person, or entity;

●     Content that violates any policy posted on the Cane Creek Sites; and

●     Content intended to cause harm, damage, disable, or otherwise interfere with the Cane Creek Sites or our partners.

To protect your privacy, please do not submit email addresses, URLs, phone numbers, physical addresses or other forms of contact/personal information. We reserve the right to not post your question or answer if it violates these Terms of Use.

RELEASE AND INDEMNIFICATION

You agree to defend, indemnify and hold Cane Creek, and its past, present or future parents, subsidiaries, and affiliates or any of their respective directors, officers, employees, agents or content or service providers, harmless from any and all loss, claims, liabilities, damages, demand, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Cane Creek Site, your violation of the Terms of Use or any User-Provided Content, including, but not limited to, any third-party claim that any information or materials you provide infringe any third-party proprietary right. The foregoing defense and indemnification obligation will survive these Terms of Use and your use of the Cane Creek Site. You acknowledge and agree that Cane Creek may, at its option, control the defense or settlement of any such claims.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Cane Creek and its past, present or future parents, subsidiaries, and affiliates or any of their respective directors, officers, employees, agents or content or service providers from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with your use of the Cane Creek Sites or Services.

DISCLAIMERS

You understand and agree that:

Cane Creek and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.

ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND CANE CREEK MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, DATA SECURITY, OR UNINTERRUPTED ACCESS TO THE CANE CREEK SITES (INCLUDING MATERIALS OR USER-PROVIDED CONTENT), ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION PROVIDED ON THE CANE CREEK SITES AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CANE CREEK DOES NOT WARRANT THAT THE CANE CREEK SITES (INCLUDING MATERIALS AND USER-PROVIDED CONTENT MADE AVAILABLE THEREBY) WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE CANE CREEK SITES OR SERVICES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE CANE CREEK SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EXCEPT AS IS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS SECTION.

THE CANE CREEK ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

MERCHANDISE AND PRICE INFORMATION: The Cane Creek Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Cane Creek Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

Cane Creek cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Cane Creek Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. Cane Creek reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Cane Creek. Cane Creek may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Cane Creek Sites.

Cane Creek does not guarantee, and disclaims any responsibility for, the performance of goods and services provided by third parties, including advertisers or other third parties to whose sites are linked on the Cane Creek Sites. References on Cane Creek Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Cane Creek is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Cane Creek Sites operate or otherwise interact, nor is Cane Creek responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).

While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Cane Creek Sites. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, contact the manufacturer. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

Promotions: Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Cane Creek Sites may be governed by rules that are separate from or supplement these Terms of Use. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.  Please review the applicable rules as well as our Privacy Policy prior to participating.

Generative AI: The Cane Creek Sites may include Generative AI and Materials on the Cane Creek Sites may be generated by Generative AI (collectively, “Generative AI Tools”), all of which are subject to the following additional terms:

●     The information, responses and recommendations generated through Generative AI Tools (collectively, the “Output”)may be misleading or contain errors and omissions, or the Generative AI Tools may misunderstand the Content that you input (the “Input”) and may be responding to a different question than asked. Review and verify the Output before making any purchases, engaging in other transactions from the Cane Creek Sites, or taking any other action based on any such Output.

●     Pricing information generated by Generative AI Tools may be inaccurate, incomplete, or outdated. Pricing information provided by Generative AI Tools does not constitute an offer to sell the item at the stated price or acceptance of an offer to purchase the item at the stated price.

●     Unless an associated disclosure states otherwise, the Output may be based on information available on canecreekcuts.com or provided by manufacturers, suppliers, or sellers of items, Cane Creek service providers, customer reviews, or other publicly available information, and third-party AI models. None of these sources have been verified by Cane Creek. Any views or opinions expressed in the Output do not necessarily reflect those of Cane Creek and should not be attributed to Cane Creek.

●     Using the Generative AI Tools to produce violent, abusive, or deceptive content or to otherwise cause harm, or attempting  to “break” or “trick” the Generative AI Tools into disregarding safeguards or other features or messages aimed to protect the public, is strictly prohibited.

The Output provided by the Generative AI Tools are intended for general informational purposes only. Any Output provided by the Generative AI Tools should not be used as the basis for making any legal, safety, health, regulatory, or similarly important decision. Users of the Generative AI Tools are solely responsible for independently verifying and evaluating the Output, and for any decisions they make based on the Output. Further, you understand that due to the nature of machine learning and Generative AI, the Output from the Generative AI Tools may not be unique across users, and the Generative AI Tools may generate or return the same or similar Output to Cane Creek or a third party, and other users may also ask similar questions and receive the same or similar responses. Outputs that are requested by and generated for other users are not considered your Content.  However, you are responsible for any Input you submit to the Generative AI Tools.

Do not share any sensitive or personal data, or any proprietary or confidential information with the Generative AI Tools. Additionally, you understand and agree that Input to the Generative AI Tools may not be kept confidential, and any of your Content (including but not limited to the Inputs), as well as your purchasing history from the Cane Creek Sites, your use of promotions as well as personal information, may be used to further enhance and improve the Generative AI Tools, the underlying model and the Cane Creek Sites as well as to generate Output. Inputs will be collected, used and retained by Cane Creek in order to answer questions and inquiries, help improve how the Generative AI Tools operate, and for the other purposes described in Cane Creek’s Privacy Policy. All Outputs of Generative AI Tools are owned by Cane Creek.

The Generative AI Tools are provided on an “as is” and “as available” basis, and the Cane Creek Entities do not make any representations or warranties of any kind, express or implied, in relation to merchantability, accuracy and fitness for a particular purpose. The Cane Creek Entities do not warrant that the Generative AI Tools will operate without interruption or be accurate, complete or error free, or that the Generative AI Tools will meet your expectations, or that any Content and Materials processed or generated by the Generative AI Tools will be secure, not lost, or altered.

Cane Creek Entities will not be liable for your use or inability to use the Generative AI Tools, any inaccurate information generated by the Generative AI Tools, or any Materials generated by the Generative AI Tools or generated from the Cane Creek Sites.

LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT CANE CREEK, ITS PAST, PRESENT, OR FUTURE PARENTS, SUBSIDIARIES AND AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CANE CREEK SITES OR SERVICES (INCLUDING ANY MATERIALS OR USER-PROVIDED CONTENT), INCLUDING, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF CANE CREEK TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, LIABILITY, AND CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY OR TORT, INCLUDING, NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED) OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE CANE CREEK SITES OR MATERIAL EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

CHOICE OF LAW AND VENUE

 

Except with respect to the arbitration agreement, these Terms of Use and access and use of the Cane Creek Sites and Services are governed by the laws of the state of Arkansas, without regard to any conflict of laws principles that would result in the application of the laws of another jurisdiction. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or there is a challenge to the enforceability of these Terms of Use, you irrevocably consent to the exclusive jurisdiction of the United States District Court for the Eastern District of Arkansas and the state courts in Pulaski County, Arkansas. Any action filed in any other court will be transferred to, or dismissed without prejudice for refiling only in, the United States District Court for the Eastern District of Arkansas, or the state courts of Pulaski County, Arkansas. It is agreed by the parties that such transfer or dismissal cannot be denied based on inconvenience, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these Terms of Use, or any other private or public considerations.

 

DISPUTE RESOLUTION

ARBITRATION AGREEMENT: SUBJECT ONLY TO THE EXCEPTION BELOW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND CANE CREEK, INCLUDING BUT NOT LIMITED TO YOUR ACCESS TO AND USE OF THE CANE CREEK SITES OR ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY CANE CREEK OR THE CANE CREEK ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND CANE CREEK AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

YOU AND CANE CREEK AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Cane Creek each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, or collective action to the maximum extent permitted by law. This paragraph may be referred to as the “Class Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Cane Creek for you.

Arbitration Procedures: Any arbitration required by the Arbitration Agreement shall be initiated by You or Cane Creek by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to: Cane Creek Consulting LLC, 15318 W MILLER SARDIS RD BAUXITE, AR 72011.

The Demand must include:

●      the name, telephone number, mailing address, and email address of the person or entity seeking arbitration;

●      a statement of the legal claims asserted and the factual basis for those claims;

●      a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy;

●      the original personal signature of the party seeking arbitration; and

●      the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration.

An original personal signature certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the factual statements in the Demand are true and correct; (iii) the claims and other legal contentions are merited by law or a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iv) the factual contentions are supported by evidence or are likely to be supported by evidence after a reasonable opportunity for further investigation or discovery. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand for one hundred twenty (120) days, unless otherwise agreed by the parties. Thereafter, any applicable statute of limitations will continue to run, unless the Demand is filed in arbitration pursuant to these Terms of Use.

A party seeking arbitration of any dispute or claim shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after initiation of the Demand. The arbitration shall not be considered as filed with the AAA unless and until the Demand is so initiated. Except as modified herein, the arbitration will be administered by the AAA pursuant to the applicable AAA Consumer Arbitration Rules and Mediation Procedures and AAA Mass Arbitration Supplementary Rules. You and Cane Creek agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement.

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

1. The arbitrator shall enter an award against a party, any of the party’s attorneys, or both for the opposing party’s attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration if the arbitrator finds that the party’s claim is frivolous, asserted in bad faith, or pursued for purposes of harassment.
2. Each party shall have the right to conduct discovery proportionate to the needs of the claim or dispute, upon consideration of the importance of the issues, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be determined by the arbitrator upon request by either party.
3. The parties may file dispositive motions permissible under the Federal Rules of Civil Procedure. Upon the filing of any dispositive motion, the arbitrator can stay all further action and deadlines in the arbitration until a decision on such motion.
4. All calls, conferences, or hearings shall be conducted by teleconference or videoconference, unless the arbitrator requires an in-person hearing. Any in-person hearing will be held at a reasonably convenient location, insofar as practicable.
5. Either party can make a written offer of judgement no later than seven (7) days prior to the date of the arbitration hearing. A party who declines an offer of judgement shall not be entitled to its post-offer costs and shall be responsible for the offering party’s post-offer costs, including any expert fees at the arbitrator’s discretion, if the declining party fails to obtain a more favorable award.
6. The arbitrator will follow these Terms of Use and the law. The arbitrator may award relief only in favor of the individual party seeking relief against the opposing party and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitration award shall be binding between you and Cane Creek, subject to appeals, but shall not preclude disputes between Cane Creek and other parties.
7. An arbitration award that manifestly disregards the law can be appealed by either party by filing a notice of appeal with the AAA within 30 days after an award is delivered to the parties. An appeal shall be heard by a single arbitrator unless agreed otherwise. The arbitrator(s) assigned to the appeal shall be selected by the parties from among those on the AAA Appellate Panel. If the parties are unable to agree on the appellate arbitrators, the AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over a case to any extent shall be disqualified from serving as an appellate arbitrator in the same case.
8. Each party shall keep confidential and shall not disclose any information relating to the arbitration or the award, including the fact of the arbitration, any discovery exchanged as part of the arbitration, and the award itself, except as is strictly necessary to conduct the arbitration, to obtain a provisional remedy that must be obtained in court, to enforce or challenge the award, to communicate with government agencies, as required by law, or as otherwise allowed by the Arbitration Agreement. A party may disclose information related to the arbitration in which they have personally participated in another arbitration only if (a) the opposing party or parties to the original arbitration consents or (a) (i) the party is a participant in the other arbitration, (ii) no information identifying the opposing party or parties is disclosed, and (iii) the disclosure complies with any protective order or other restriction on disclosure entered in the original arbitration.
9. A party seeking confirmation of the award must give the other party notice of their intention to confirm the award prior to doing so. If the respondent in any such confirmation proceeding performs their obligation under the award within 15 business days of such notice, the party seeking confirmation of the award shall cease seeking confirmation or otherwise enforcing the award.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the arbitration agreement of these Terms of Use. If the FAA is found not to apply to any portion of the arbitration agreement of these Terms of Use, then the applicable laws of the State of Arkansas shall apply without regard to any choice-of-law principles that would result in the application of the laws of another jurisdiction.

CLASS ACTION WAIVER: YOU AND CANE CREEK EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

WAIVER OF JURY TRIAL: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

MISCELLANEOUS

Severability: Except as provided above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be severed or reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.

No Waiver: The failure of Cane Creek to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Cane Creek's rights with respect to such breach or any subsequent breaches.

Assignments: You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. Cane Creek may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

Notices: Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Cane Creek Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Integration: These Terms of Use represent the complete agreement and understanding between you and Cane Creek and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.

Relationship of the Parties: These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Cane Creek.

EFFECTIVE DATE

 

Our Terms of Use were last updated May 2026.