The digital services Cariad, Inc. (together, “Cariad”, “us,” “our,” and “we”)‎ provides are subject to these Terms of Use (the “Terms”), including our websites and any other service that link here (together, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 9 BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE CLICK HERE TO READ SECTION 9 OF THIS AGREEMENT FOR FURTHER DETAILS.

Please review the to learn about the personal information we collect, how we handle personal information, and how you can exercise your privacy rights.

1. ACCEPTANCE & GENERAL TERMS

We reserve the right, at our sole discretion, to modify these Terms at any time. You can always access the most current version of the Terms using the “Terms of Use” link we provide at the bottom of our websites. When we update or modify the Terms, we will indicate the date it was last updated at the top of this page. If you use our Services after the Terms have been updated, you agree to the terms of the new version.

You understand that Cariad may update, modify, or terminate the Services or your access to the Services at any time. If you are not satisfied with the Services following such changes, your sole remedy is to discontinue use of those Services.

2. USE OF THE SERVICES

The Services and its content, such as text, articles, video, images, icons, graphics, illustrations, code, designs, “look and feel,” and data are intended for your personal, non-commercial use. The Services and its content, as well as the selection, coordination, compilation, and arrangements of the same, are (1) protected by applicable trade dress, copyright, trademark, patent, and other intellectual property laws in the United States and internationally, and (2) owned and controlled by Cariad, Cariad affiliates, or our licensors.

Provided you abide by all copyright notices, information, or restrictions contained in any content accessed through the Services, you may download, copy, print, or share the content and other downloadable items displayed on the Services for your personal, informational, non-commercial use only. You must obtain prior written permission from Cariad or the copyright holder to use content for purposes other than your personal, non-commercial use.

Except as provided in these Terms, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, communicate to the public or in any way exploit, any of the Services or its content, in whole or in part.

You may not:

• Use our Services or its content in any way that (1) violates any applicable federal, state, local, or international law or regulation or (2) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Attempt (or assist in anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services or its content or make any unauthorized use of the Services.
• Collect Services’ content, data, or information from the Services using automated means, including through the use any spider, bots, scripts, software, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process designed to data mine or scrape information from a website or service.
• Use the Services or its content for the development of any model, algorithm, or generative AI tool.
• Use services, software, or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services or its content in any way, including overriding any security feature, bypassing, or circumventing any access controls, or use limits of the Services.
• Use the Services or any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or with any other person’s use of the Services.
• Attempt to gain unauthorized access to any portion or feature of our Services or any other systems or networks connected to the Services by hacking or any other illegitimate means.
• Impersonate or attempt to impersonate Cariad, a Cariad employee, or any other person or entity.

3. THIRD-PARTY WEBSITES AND SERVICES

Our Services contains links to third-party websites and enable you to use or access third-party services. These third-party websites and services are governed by their own terms of use and privacy policies. Cariad does not control, endorse, recommend, or otherwise accept responsibility for third-party websites or services. You are responsible for deciding if you want to access or use third-party websites or services and you accept the risk in doing so. If you have questions regarding the third-party websites or services, please direct them to the owner or operator. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

4. COMMUNICATIONS

You consent to receive communications from us electronically to the email address you provide. You agree that all notices, disclosures, and other communications that we deliver to your email address will satisfy any legal requirement that such communications be in writing.

5. SOCIAL MEDIA

From time to time, we may engage with you on social media channels. For example, we may reach out to you and ask for permission to use content you posted on social media channels including photography, videos, captions, and or related content. Unless we agree in writing to different terms, when you agree to allow us to use your social media content:

• We will have the worldwide and perpetual right, without payment to you, but not the obligation, to publish your social media content on the Services, in our physical locations, on social media channels, and on our partner or distributors digital properties in any form; and
• You represent and warrant that (1) you have the right to grant us the right to use your social media content as set forth in this Agreement and such use by us will not violate the rights of any third party; and (2) any statements or testimonials that are included in your social media content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences.

6. TERM AND TERMINATION

You agree that Cariad, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Services at any time under certain circumstances including, but not limited to, if Cariad believes in good faith that you (1) have violated or acted inconsistently with these Terms or any applicable law, rule or regulation or (2) engaged in conduct that Cariad determines to be inappropriate or unacceptable. The provisions of these Terms which by their nature should survive the termination of these Terms will survive such termination.

7. REPRESENTATIONS AND WARRANTIES | INDEMNIFICATION

EACH PARTY WARRANTS THAT IT HAS THE LEGAL POWER TO AGREE TO THESE TERMS.

CARIAD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE RESULTS OR OUTPUT THAT COMES FROM YOUR USE OF THE SERVICES. THE SERVICES, AND ANY INFORMATION CONTAINED THEREIN, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

You agree to defend, indemnify and hold Cariad and its affiliates, together with their respective employees, associates, agents, directors, officers, and members, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (1) your use or misuse of the Services, (2) your breach or alleged breach of these Terms, (3) your violation of any law, rule, regulation or rights of others in connection with your use of the Services, including the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, CARIAD, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS, AND LICENSORS WILL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATING TO (1) THE USE OF THE SERVICES AND INFORMATION CONTAINED THEREIN (2) THE INABILITY TO USE THE SERVICES OR INFORMATION CONTAINED THEREIN AND (3) THE TERMS.

9. DISPUTES | BINDING ARBITRATION AND CLASS ACTION WAIVER

With limited exceptions, we agree any dispute, claim, or controversy arising out of or relating to the Services, the Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in King County, Washington, Santa Clara County, California, or where you are located in the United States, before a mutually agreed upon arbitrator. Exceptions include any dispute related to Cariad or Cariad’s affiliates intellectual property or claims that can be resolved in small claims court.

The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

In the event of a dispute, claim, or controversy, you or Cariad must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to the address below. We will send any notice of dispute to you at the contact information we have for you. We will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.

You must send any notice of dispute to: CARIAD, Inc. | ATTN: CARIAD COUNSEL | 7500 166th Ave NE, Redmond, WA 98052.

You and Cariad agree to keep the arbitration confidential, including the existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration. This information concerning the arbitration must not be disclosed to any third party except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose arbitration confidential information to the extent that disclosure may be required to fulfill a legal duty, protect, or pursue a legal right, enforce, or challenge an award in bona fide legal proceedings.

WE AGREE THAT ALL PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. NEITHER PARTY WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

You agree that any action at law or in equity arising out of or relating to these Terms that cannot be resolved through arbitration will be filed, and that venue properly lies, only in the state or federal courts located in King County, Washington, Santa Clara Country, California, or where you are located in the United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. The Terms are governed by and construed in accordance with the laws of the State of Washington and the laws of the United States, without giving effect to any conflict of law principles (whether in the jurisdiction selected above or any other jurisdiction).

If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.

10. MISCELLANEOUS

• The Terms will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign the Terms without the advance written consent of the other party, except that either party may assign the Terms in its entirety in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of such party’s assets or voting securities to such party’s successor. Each party shall promptly provide notice of any such assignment. Any attempt to transfer or assign the Terms except as expressly authorized under this section will be null and void.
• Except as specified below, if an arbitrator or a court of competent jurisdiction holds any provision of the Terms to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect. Section headings are inserted for convenience only and shall not affect interpretation of this Terms.
• No waiver of any provision of these Terms by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
• You and Cariad agree there are no third-party beneficiaries intended under these Terms.
• The Terms constitute the sole and entire agreement between you and Cariad regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding same.
• If you have any questions about the Terms, the Services, or our offerings, please contact us at: CARIAD, Inc. | ATTN: LEGAL COUNSEL | 450 National Avenue, Mountain View, CA, 94043.