These terms and conditions (“Website Terms”) govern your access to and use of this Website as available at www.alludo.com or any successor link (“Website”). Cascade Parent Limited trading as Alludo owns and operates this Website. All references to “Alludo”, “we”, “our” or “us” as the context requires shall mean Cascade Parent Limited. Alludo makes available information, materials, and products on this Website, subject to the following Website Terms. The terms “User” and “you” mean any user of the Website.
Please read these Website Terms carefully before you start to use this Website, as they will apply to, and govern your use of the Website. By accessing this Website, you acknowledge and agree that: (i) you have read, understood and unconditionally accepted (agreed to) these Website Terms; (ii) that you shall comply with these Website Terms; and (iii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Website. If you do not understand or agree to these Website Terms, you must exit and must not use this Website.
THESE WEBSITE TERMS INCLUDE AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER APPLICABLE TO USERS WHO ARE RESIDENTS OF THE UNITED STATES.
Alludo reserves the right to change these Website Terms from time to time at its sole discretion. Please check these Website Terms regularly for any updates each and every time you use the Website as they are binding on you at all times. Your continued use of this Website, including following any revisions to these Website Terms, will mean that you accept and agree to these Website Terms and any such changes to them.
We may update this Website from time to time and may change its content at any time. Please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that this Website, or any content on it, will be free from errors or omissions.
The information on this Website is protected by copyright:
Copyright © 2022 Cascade Parent Limited trading as Alludo. All rights not expressly granted by these Website Terms are reserved.
All content and functionality on this Website are the exclusive property of Alludo, its affiliates or its licensors and are protected by U.S. and Canadian laws and international intellectual property laws. Except as specifically permitted herein, no portion of the information on this Website may be reproduced in any form or by any means without prior written permission from Alludo.
The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of Alludo, its affiliates, its licensors, and/or other third parties. You are not permitted to use the Marks without the prior written consent of Alludo or such third party which may own the Marks. “Alludo” is a trademark of Cascade Parent Limited.
The software and accompanying documentation that are made available to download from this Website are the copyrighted works of Alludo or its affiliates (“Software”). Use of the Software is governed by the terms of the business or end user license agreement that accompanies or is included with such Software or the process during which such Software is accessed, downloaded or installed (“License Terms”). If there is a conflict between these Website Terms and the License Terms, the License Terms shall prevail. You will not be able to download or install any Software that is accompanied by or includes License Terms unless you agree to such License Terms. If you do not agree to these License Terms, you are not authorized to use the Software. The Software may contain content specifically provided by us, our affiliates, our licensors, partners or our users (“Alludo Content”) and such Alludo Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any such Alludo Content accessed through the Software. You may not use any Alludo Content available within our Software except as in accordance with the License Terms.
All content, data or information including, but not limited to, feedback, reviews, comments, ratings, photos, images, videos, sounds, text, data, links, location information, suggestions, ideas, comments, questions, or other information, which a user of the Website submits to us or our affiliates for posting on or linking to the Website (“User Content”), is that user’s sole responsibility. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, or false advertising.
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Alludo reserves the right (but has no obligation) to monitor, remove, or edit User Content in Alludo’s sole discretion, including if User Content violates these Website Terms (including any of Alludo’s policies), but you acknowledge that Alludo may not regularly review submitted User Content.
By submitting any User Content to us or our affiliates, you hereby grant us, our affiliates and/or our licensors, a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, transmit, prepare derivative works of, display, modify, and perform such User Content solely in connection with our, our affiliates and/or our licensees (and our successors’ and assigns’) businesses, including without limitation for redistributing part or all of the Website or the Software (and derivative works thereof) in any media formats and through any media channels. You also agree that Alludo our affiliates and/or our licensees are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except as otherwise indicated elsewhere on this Website or in these Website Terms and except for User Content that belongs to you, you may only view, copy, print, and use content found on the public areas of this Website subject to the following conditions:
Content specified above does not include the design or layout of this Website. Elements of this Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Your use of our Website as set out above is personal to you as an individual or you as the specific legal entity entering into these Website Terms – no “group” license is granted herein.
Your use of our Website is always subject to the following conditions. You will not at any time:
Alludo reserves the right to revoke your use of and/or block your access to the Website at any time, and any such use shall be discontinued immediately upon written notice from Alludo.
You will indemnify, hold harmless, and (at Alludo’s request) defend Alludo, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Alludo Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Website, or (3) any breach or alleged breach by you of these Website Terms.
ALL INFORMATION AND SOFTWARE ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. ALLUDO ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DO NOT GUARANTEE THAT THIS WEBSITE WILL BE SECURE OR FREE FROM ANY ERRORS, BUGS OR VIRUSES; YOU SHOULD USE YOUR OWN FIREWALLS, ANTI-VIRUS AND PROTECTION SOFTWARE WHEN ACCESSING THE WEBSITE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. ALLUDO OR ITS SUBSIDIARIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME.
This Website can be accessed from other countries around the world and may contain references to Alludo products, services, and programs that have not been announced in your country. These references do not imply that Alludo intends to announce such products, services or programs in your country.
EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE ALLUDO PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THESE WEBSITE TERMS (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE WEBSITE, ANY CONTENT THEREIN, OR THE USER CONTENT, OR (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE). IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
You and Alludo understand and agree that the disclaimers, exclusions, and limitations in this Section and the above Section are essential elements of these Website Terms and that they represent a reasonable allocation of risk. In particular, you understand that Alludo would be unable to make the Website available to you except on these Website Terms and agree that these Website Terms will survive and apply even if any limited remedy specified in these Website Terms is found to have failed of its essential purpose.
Unless otherwise explicitly stated herein or in the Privacy Statement, any non-personal information or material sent to Alludo will be deemed NOT to be confidential. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of the Website will be published or otherwise used with your name on it; or (c) we are required to do so by law.
To learn more about how Alludo protects your personal information, such as your name and address, please refer to the Privacy Statement.
If you believe any content on the Website violates your copyright, you should notify us of this in writing to firstname.lastname@example.org.
In order for us to take action, you must do the following in your notice:
You may not use, export, or re-export any parts or other aspects of the Website (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and non-U.S. export and sanctions laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Any Software, services, tools, applications and/or other benefits we make available to users through our Website constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users gain access to any such commercial items with only those rights set forth therein.
You may create a link to any page of this Website. If you do create a link to a page of this Website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
The Website contains links to third-party Websites, which are not under the control of Alludo. Alludo makes no representations whatsoever about any other Website to which you may have access through the Website. When you access a non-Alludo Website, you do so at your own risk and Alludo is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Alludo provides these links merely as a convenience and the inclusion of such links does not imply that Alludo endorses or accepts any responsibility for the content or uses of such Websites. Finally, such sites are all governed by their own terms and conditions and policies. Accessing such sites is at your sole and absolute discretion.
If you are a resident of the United States, these Website Terms shall be governed by the federal laws of the United States and the laws of the State of Delaware. If you are a resident in a country of the European Economic Area or Switzerland, these Website Terms shall be governed by local law. If you are a resident of any other country, unless expressly prohibited by local law, these Website Terms shall be governed by the laws of the United States and the State of Delaware and any Dispute between you and us regarding these Website Terms will be subject to the exclusive jurisdiction of the state and federal courts in the State of Delaware. Except as expressly set forth herein to the extent permitted by applicable law, these Website Terms shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. These Website Terms will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If you are a resident of the United States you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Alludo Parties or their successors or assigns and arising from the use of this Website (“Disputes”), shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Website Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). All arbitration hearings will be held in Wilmington, Delaware. To help resolve any issues between us promptly and directly, You and we agree to begin any arbitration within one year after a Dispute arises; otherwise, the claim is waived. You and we also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis with any court, tribunal, or other judicial or quasi-judicial body. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCESSED THIS WEBSITE. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO CASCADE PARENT LIMITED C/O COREL CORPORATION, 1600 CARLING AVENUE, OTTAWA, ONTARIO, K1Z 8R7, CANADA, ATTN: LEGAL DEPARTMENT – WAIVER AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR EMAIL AND MAILING ADDRESSES, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. IF WE RECEIVE WRITTEN NOTIFICATION FROM YOU IN ACCORDANCE WITH THE FOREGOING PROVISION, THE COURTS OF WILMINGTON, DELAWARE, SHALL HAVE EXCLUSIVE JURISDICTION TO RESOLVE ANY DISPUTES BETWEEN US AND YOU.
In the case of arbitration and where permitted by law, you and Alludo must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR ALLUDO MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Alludo will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Alludo also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exceptions of the provisions prohibiting arbitration on a class or collective basis, if any part of the above arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, any of the provisions prohibiting arbitration on a class or collective basis is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Alludo shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the Dispute shall be exclusively brought in the courts of Wilmington, Delaware.
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact link on our Website.
These Website Terms make up the entire agreement between you and us with regard to your use of the Website. If Alludo does not insist on or enforce strict performance of these Website Terms, it does not mean that we have waived our right to do so. A waiver of any right or remedy under these Website Terms or by law must be given in writing and shall not be deemed a waiver of any subsequent breach or default. These Website Terms shall not be interpreted or construed to give rights or remedies to any third parties (except as specified above). Alludo can modify, suspend or terminate operation of or access to the Website, or any portion of the Website for any reason, including performing maintenance and updates. If there is a force majeure event that prevents performance, then that will not be a breach scenario. Force majeure includes all events which are outside either your or our reasonable control (e.g., acts of God, civil unrest, political situations, etc.). If any part of these Website Terms is or becomes unenforceable, these Website Terms shall be deemed modified to the minimum extent necessary to make them valid and enforceable. These Website Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by Alludo.