VISITOR AGREEMENT

Welcome to Cahootles.com, an informational, educational, and entertainment-oriented website brought to you by Cahootles, LLC. Please read this Visitor Agreement; by using this website, you accept its terms.

This Visitor Agreement applies to all of the websites where it is posted. Those websites are referred to collectively in this Visitor Agreement as the “Cahootles Sites.”

The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use any of the Cahootles Sites after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the Cahootles Sites, or any portion of the Cahootles Sites, at any time. Cahootles respects the privacy of our users. Please take a few minutes to review our Privacy Policy.

The material that appears on the Cahootles Sites is for informational, educational, and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Cahootles and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Cahootles Sites. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Cahootles.

 

COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS

Cahootles wants to encourage an open exchange of information and ideas through the Cahootles Sites. But we cannot and do not review every posting made on Cahootles community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than Cahootles. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for good judgment.  Responsibility for what is posted on Cahootles community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Cahootles Sites lies with each user – you alone are responsible for material you post. Cahootles does not control the messages, information or other content that you or others may provide through the Cahootles Sites. You may use the Cahootles Sites for lawful purposes only.

By using the Cahootles Sites, you agree not to submit, post or transmit through the Cahootles Sites any material or otherwise engage in any conduct that:

  • Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
  • Allows you to gain unauthorized access to the Cahootles Sites, or any account, computer system, or network connected to the Cahootles Sites, by means such as hacking, password mining or other illicit means;
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Cahootles Sites.
  • Impersonates any person, business or entity, including Cahootles and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including Cahootles;
  • Contains an advertisement or solicitation or encourages others to make a donation;
  • Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
  • Results in the posting or transmission of any message anonymously or under a false name;
  • Permits any person to access, using your account, any features of the Cahootles Sites that may require registration;
  • Violates this Visitor Agreement, Cahootles guidelines or policies or interferes with the use of the Cahootles Sites by others.

Although Cahootles cannot monitor all content on Cahootles community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that Cahootles has the right, but not the obligation, to monitor the content of the Cahootles Sites to determine compliance with this Visitor Agreement and our guidelines and policies that may be established by Cahootles from time to time. Cahootles has the right, in its sole discretion, to edit, move, delete, or refuse to post any material.

USE OF MATERIALS

Any material you post on Cahootles community and social media sites, and all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Cahootles and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity and without compensation to the contributor. Further, you understand that by posting material on Cahootles community and social media sites, you are granting to Cahootles, and to anyone authorized by Cahootles, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on Cahootles community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Cahootles, and anyone authorized by Cahootles, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Cahootles deems appropriate.

The materials available through the Cahootles Sites are either the property of Cahootles or licensed to or authorized for use by Cahootles, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Cahootles Sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Cahootles Sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves on the Cahootles Sites and to tell them how to find it.

USE OF SOFTWARE

We may make certain software available to you from the Cahootles Sites. If you download software from the Cahootles Sites, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed licensed to you by Cahootles, for your personal, noncommercial, home use ONLY. Such download does not transfer either the title or the intellectual property rights to the Software, and Cahootles retains full and complete title to the Software as well as all intellectual property rights therein. You shall not sell, redistribute, or reproduce the Software, nor shall you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Cahootles or its licensors and you shall not copy or use them in any manner.

LINKING

We welcome links to the Cahootles Sites. You are usually free to establish a hypertext link to any of the Cahootles Sites so long as the link does not state or imply any sponsorship or endorsement by any of the Cahootles Sites or by Cahootles.

NO SPAMMING OR SPIMMING

From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.

NO FRAMING

Without the prior written permission of Cahootles, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Cahootles Sites, or incorporate any intellectual property of the Cahootles Sites, Cahootles or any of their licensors into another website or other service.

MOBILE DEVICE(S)

If permitted or available through the Cahootles Sites, to (a) upload content to the Cahootles Sites via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Cahootles Sites from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Cahootles makes the Cahootles Sites available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Cahootles Sites, including, but not limited to, if the Cahootles Sites contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Cahootles Sites. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Cahootles Sites. Any equipment or software causing interference will be immediately disconnected from the Cahootles Sites and Cahootles will have the right to immediately terminate this Agreement. If any upgrade in or to the Cahootles Sites requires changes in your equipment or software (including the operating system for your mobile device), you must make these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Cahootles Sites, including the release of new products and services, will be subject to the terms and conditions of this Agreement.

TRADEMARKS

We do not want anyone to be confused as to which materials and services are provided by Cahootles and which are not. You may not use any trademark or service mark appearing on the Cahootles Sites without the prior written consent of the owner of the mark.

ACCURACY OF INFORMATION

The Cahootles staff works hard to ensure that information we post to the Cahootles Sites is both timely and accurate but we cannot guarantee it is or will remain so.

AGE RESTRICTION

You must be at least 13 years old to register on the Cahootles Sites. By registering on the Cahootles Sites, you warrant that you are at least 13 years old.

USER ACCOUNTS AND SECURITY

To obtain access to certain services on the Cahootles Sites, you may be given an opportunity to register with the Cahootles Sites.

As part of any such registration process, you will provide your first name and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user profile of another person with the intention of impersonating that person; (ii) use a user profile of anyone else without authorization; (iii) use a user profile in violation of the intellectual property rights of any person; or (iv) use a user profile that Cahootles considers to be offensive. Cahootles reserves the right to reject or terminate any user profile or password that, in sole discretion, it deems offensive. You will be responsible for preserving the confidentiality of your password and agree to promptly notify Cahootles of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Cahootles immediately. Cahootles reserves the right to access and disclose any information including, without limitation, user profile name and other information to comply with applicable laws and lawful government requests. Please inform Cahootles if there is a change in the information you provided at the time of your initial registration, by emailing updates@cahootles.com . Click here to view our Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITY

We work hard to make the Cahootles Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Cahootles Sites.

YOU AGREE THAT YOUR USE OF THE CAHOOTLES SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE CAHOOTLES SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY CAHOOTLES SITE OR ANY MATERIAL AVAILABLE THROUGH THE CAHOOTLES SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE CAHOOTLES SITES.

THE CAHOOTLES SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE CAHOOTLES SITES, AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE CAHOOTLES SITES, NOR DO THEY GUARANTEE THAT THE CAHOOTLES SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE CAHOOTLES SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE CAHOOTLES SITES, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE CAHOOTLES SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE CAHOOTLES SITES, ONE TOUGH MOTHER, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE CAHOOTLES SITES, ONE TOUGH MOTHER, LLC AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE CAHOOTLES SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO ONE TOUGH MOTHER, LLC FOR THE USE OF THE CAHOOTLES SITES.

DISPUTE RESOLUTION

In the event of any controversy, claim or dispute (“Dispute”) related to or arising out of your use of the Sites, other than disputes related to or involving Cahootles’ intellectual property or Cahootles’ licensed intellectual or proprietary rights, you and Cahootles mutually agree to the following dispute resolution procedure:

  1. The parties will first attempt in good faith to resolve any Dispute by informal negotiation. The informal negotiation period will begin when the party asserting the Dispute sends a written notice to the other party describing the facts and circumstances of the Dispute. If, after thirty (30) days from the date the notice of Dispute is sent, the parties have been unable to resolve the Dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
  2. If the parties are unable to resolve the Dispute through informal negotiation, you and Cahootles agree that exclusive jurisdiction for the Dispute shall be binding private arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator within seven (7) days of the request by either that an arbitrator be appointed, either party may petition the Oakland County (Michigan) Circuit Court for appointment of an arbitrator.  The arbitrator shall be compensated at an hourly rate which will be set by the arbitrator as soon as practicable after he/she is selected.  The parties shall submit their claims and responses according to procedures established by the arbitrator.  Each party shall pay all of its own expenses and shall split evenly the fees and expenses of the arbitrator. The parties anticipate that all hearings and other proceedings will be conducted without administrative charge at the offices of their counsel or the arbitrator.  Notwithstanding the foregoing, the substantially prevailing party in the arbitration and any court proceedings to enforce the award (including all appeals) shall be entitled to an award of its actual costs and fees, including its share of the arbitrator(s)’ fees and expenses and its reasonable attorney fees, in the arbitration and in any award enforcement trial or appellate court proceedings.  The award of the arbitrator may be entered in any court having jurisdiction.
  3. BY USING THE SITES, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a Dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.

CHOICE OF LAW

This Agreement has been made in and shall be construed in accordance with the laws of the State of Michigan, without giving effect to any conflict of law principles.

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

CHOICE OF FORUM

By using the Cahootles Sites, you agree that the exclusive jurisdiction for any Dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Michigan and that the arbitration award may also be entered in Michigan state and federal courts with jurisdiction to do so.

INDEMNITY

You agree to indemnify, defend and hold harmless, Cahootles, LLC, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Cahootles Site by or through your account.

SEVERABILITY

In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.

USE OF HEALTH INFORMATION FROM CAHOOTLES.COM

The information that appears on Cahootles.com is intended to provide general consumer support and understanding of special needs topics. The information should not be used in place of a visit, call or consultation with a physician or other health care provider. Cahootles.com does not recommend the self-management of health or medical problems, nor does Cahootles.com promote or recommend any particular form of medical or alternative treatment. People using information accessed through Cahootles.com should also research original sources of authority, including with your physician or other health care provider. Information obtained by using Cahootles.com is not exhaustive and does not cover all special needs, physical conditions, or their treatment. Should you have any health care-related questions, please call or visit your physician or other health care provider. You should never disregard medical advice – or delay in seeking it – because of something you have read on Cahootles.com.

INFRINGEMENT POLICY

You may not use the Site for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that Your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed upon; (iii) a description of where the material that You claim is infringing is located on the Site; (iv) Your address, telephone number, and e-mail address; (v) a statement by You that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf.

It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. 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. We will terminate the accounts of users that we determine are repeat infringers.

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.

Please contact CAHOOTLES’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Cahootles, LLC

Carie Gilles
5440 Corporate Drive, Ste. 220
Troy, MI  48098

Email:  info@cahootles.com

By using the Cahootles Sites, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using the Cahootles Sites.

Last updated February 14, 2018