Terms & Conditions

Terms of Use

Last updated: August 31, 2020

These Terms of Use are entered into by and between you and Cayenne Creative (“Cayenne,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.cayennecreative.com and its subpages, (the “website”) whether as a guest, customer, or otherwise.

Please read these Terms of Use carefully before you use the website. By using the website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you must not access or use the website.

These Terms of Use do not alter the terms of any other agreement you may have with us unrelated to your use of the website.

By accessing and using the website, you affirm that you are at least 18 years old or have parental or guardian permission to use the website and that you are fully competent to enter into this agreement with us. You further agree that you will not use the website for any unlawful or fraudulent purpose or in any manner inconsistent with these Terms of Use. You further warrant that you will not violate or attempt to violate the security of the website, including without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the appearance, features, or functionality of the website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with or interrupt in any way service to any user, host, network, or system including, without limitation, infecting, overloading, “flooding,” “spamming,” “mailbombing,” “crashing” or otherwise attacking the website or (vi) sending communications on behalf of the website (i.e., impersonating Cayenne).

Use of the Website
Use of the website requires a computer, mobile phone, tablet, or other smart device with a compatible browser and internet access. The information and materials on the website are intended for use in the United States. Cayenne makes no representations with respect to the usability of the website anywhere else. If you access the website from outside the United States, you are responsible for complying with applicable laws. Further, the privacy protections afforded by the website may differ from those of your resident country.

Our Content
All material on the website is protected intellectual property owned or controlled by Cayenne or a third-party licensor. All content included in or made available through the website, including, but not limited to, text, graphics, logos, icons, and images, is the property of Cayenne or its content suppliers and is protected by United States and international copyright, patents, and trademark laws.
No license to or right in any such copyrighted materials, patents, trademarks, trade secrets, technologies, products, processes and other proprietary rights of Cayenne or any other third party is granted to or conferred upon you. Downloading, copying, transmitting, using framing or mirroring techniques, reproducing, duplicating, storing, linking to, or otherwise exploiting any content from the website is expressly prohibited.

Third-Party Links
The website contains links to other websites, including social media websites, whose trademarks may appear on the website. We are not responsible for the information collection practices or the content of the websites to which we link. You should be aware that, unless otherwise indicated, these Terms of Use do not govern third-party websites you visit, including those that may be hyperlinked for convenience. We encourage you to review the applicable terms and policies of any third-party website.

Disclaimer of Warranties
CAYENNE MAKES NO WARRANTY CONCERNING ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION YOU MAY EXPERIENCE VIEWING OR USING ANY CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, OR INFORMATION (“CONTENT”) TRANSMITTED IN CONNECTION WITH THE USE OF THE WEBSITE. CAYENNE FURTHER MAKES NO WARRANTY WITH RESPECT TO SUPPORT FOR THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. IT IS THE SOLE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH IT, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CAYENNE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FOR THE CONTENT AVAILABLE ON THE WEBSITE, THE OPERATION OF THE WEBSITE, OR THE TRANSMISSION OF ANY INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE. FURTHER, CAYENNE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. CAYENNE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CAYENNE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, EVEN IF CAYENNE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless: Cayenne, its officers, directors, employees, agents, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your improper use of the website, or your breach of any laws or regulations.

Disputes
These Terms shall be governed by and construed in accordance with the laws of State of Alabama. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of Alabama, without regard to any conflict of law provisions. You hereby agree that any and all legal claims concerning your use of the website must be commenced within one (1) year after the claim or cause of action arises or they will be time-barred. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Modifications
We may modify these Terms at any time. All updates and amendments are effective immediately upon notice, which we may provide by any legal means, including, but not limited to, by posting a revised version of these Terms or other notice on the website. Continued use of the website post-modification constitutes your agreement to be bound by the modified Terms.