TERMS OF USE

Madison Innovation Labs LLC, dba Cortado - TERMS OF USE 
Last revised: May 25, 2020

These terms and conditions of use (“Terms of Use”) govern your (“User”) use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Madison Innovation Labs LLC, dba Cortado (“Company”), a Wisconsin limited liability company, including the website and mobile application (collectively, the “Site”). User’s compliance with these Terms of Use is a condition to use of the Site. If User does not agree to be bound by the Terms of Use, User should promptly exit this Site. Please also consult Company’s Privacy Policy for a description of Company’s privacy practices and policies.

1. Ownership of the Site

All pages within this Site and any material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Company. User may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without Company’s express written consent.

2. Site Access, Security and Restrictions; Passwords

 

The Site is not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. If the User is between the ages of 13 and 18, he or she may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. User represents and warrants that (a) he/she is 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 (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.

User is prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such User or logging onto a server or any account which the User is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

User may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass Company’s robot exclusion headers or other measures Company may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), User agrees to access Protected Areas using only User’s user ID and password as provided by Company. User agrees to protect the confidentiality of User’s user ID and password, and not to share or disclose User’s user ID or password to any third party. User agrees that they are fully responsible for all activity occurring under User’s user ID. User’s access to the Site may be revoked by Company at any time with or without cause. User agrees to defend, indemnify and hold Company harmless from and against all third party claims, damages, suits, costs, lawsuits, fines, penalties, liabilities and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of User’s breach of these Terms of Use or violation of applicable law, User’s use or access of the Site, or access by anyone accessing the Site using User’s user ID and password.

3. Accuracy and Integrity of Information

 

Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.

4. Links to Other Sites

 

Company makes no representations whatsoever about any other website that User may access through this Site. When User accesses a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to User to take precautions to ensure that whatever User selects for User’s use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If User decides to access any of the third party websites linked to this Site, User does so entirely at their own risk.

5. User Generated Content, Reviews, Feedback, Activity and other Postings to the Site

 

If User submits, uploads or posts any comments, ideas, suggestions, information or other materials to us or our Site (“User Generated Content”), User agrees not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (3) contains or transmits a virus or any other harmful component, (4) is unlawful, fraudulent, or deceptive, or (5) includes spam or any unsolicited advertising. User agrees not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. User represents and warrants to Company that User has the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to User any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

 

Company does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. User grants Company the right to use the name that User submits in connection with any User Generated Content. User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. User is and shall remain solely responsible for the content of any User Generated Content User makes. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by User or any third party.

 

In no event may the Sites be used in a manner that (a) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Company or Content; (b) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (c) attempts to gain unauthorized access to Company’s computer network or user accounts; (d) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (e) violates these Terms; (f) attempts to damage, disable, overburden, or impair Company’s servers or networks; (g) impersonates any person or entity or otherwise misrepresents User’s identity or affiliation with another person or entity; or (h) fails to comply with applicable third party terms (collectively "Acceptable Use"). Company reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Site, remove Content, or assert legal action with respect to Content or use of the Site that Company reasonably believes is or might be in violation of these Terms. Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User agrees to defend, indemnify and hold Company harmless from and against all third party claims, damages, suits, costs, lawsuits, fines, penalties, liabilities and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content User posts or allow to be posted to the Site, or User conducts in connection with Company’s sites and mobile applications. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. 


 

6. Disclaimer of Warranties

COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER’S USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. USER IS RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY USERS NEEDS FOR DATA BACK UP AND SECURITY.

7. Limitation of Liability Regarding Use of Site

 

COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO USER WITH RESPECT TO USERS USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

8. Privacy. 

Please read the Privacy Policy carefully to understand how Company collects, uses and discloses personally identifiable information from its Users. By accessing or using the Site, User consents to all actions that Company takes with respect to User’s data consistent with Company’s Privacy Policy.

9. Dispute Resolution.

 

In the event of any dispute or claim relating to the Site or these Terms of Use, User agrees to resolution of such dispute in the state or federal courts located in and for Madison, Wisconsin, in accordance with Wisconsin law.

 

10. Revisions; General

Company reserves the right, in its sole discretion, to terminate User’s access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Company and User pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. When an update to the Terms of Use occurs, User will be required to accept the new terms before continued use of the Site. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

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