CUDO INC.
WEBSITE TERMS OF USE
LAST REVISED ON: NOVEMBER 19, 2021
The website located at www.cudo.world (the “Site”) is a copyrighted work belonging to Cudo Inc. (“CUDO”, “us”,
“our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be
posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND
CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU
ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU
REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY,
AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT
YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE
NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE
TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE
REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Our Site is hosted on Wix.com (“Wix”). By using our Site, you will be subject to and should also review any Wix
terms of use and related policies.
1. ACCESS TO THE SITE
1.1 Site. The Site is intended for informational purposes only. To access the Site and sign up to our newsletter,
you must be at least eighteen (18) years of age and provide us with accurate information. If, after you request to join
our e-mail distribution list, you would like to be removed from future e-mails you receive from us, you can click the
“UNSUBSCRIBE” button at the bottom of any e-mail you have received from us.
1.2 License. Subject to these Terms, CUDO grants you a non-transferable, non-exclusive, revocable, limited
license to use and access the Site solely for your own personal, noncommercial use.
1.3 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a)
you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site,
whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works
of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to
build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the
Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form
or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site
shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed
on the Site) must be retained on all copies thereof.
1.4 Modification. CUDO reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole
or in part) with or without notice to you. You agree that CUDO will not be liable to you or to any third party for any
modification, suspension, or discontinuation of the Site or any part thereof.
1.5 No Support or Maintenance. You acknowledge and agree that CUDO will have no obligation to provide
you with any support or maintenance in connection with the Site.
1.6 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents,
trademarks, and trade secrets, in the Site and its content are owned by CUDO or CUDO’s suppliers. Neither these
Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such
intellectual property rights, except for the limited access rights expressly set forth in Section 2.1 . CUDO and its
suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2. INDEMNIFICATION. You agree to indemnify and hold CUDO (and its officers, employees, and agents)
harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising
out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or
regulations. CUDO reserves the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree
not to settle any matter without the prior written consent of CUDO. CUDO will use reasonable efforts to notify you
of any such claim, action or proceeding upon becoming aware of it.
3. THIRD-PARTY LINKS & ADS; OTHER USERS
3.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display
advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of CUDO, and CUDO is not responsible for any Third-Party Links & Ads. CUDO provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s terms of use and privacy policy. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
3.2 Other Users.
Your interactions with other Site users are solely between you and such users. You agree
that CUDO will not be responsible for any loss or damage incurred as the result of any such interactions. If there is
a dispute between you and any Site user, we are under no obligation to become involved.
3.3 Release.
You hereby release and forever discharge CUDO (and our officers, employees, agents,
successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature
(including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or
that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users
or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.”
4. DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND CUDO (AND OUR SUPPLIERS) EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE
SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. LIMITATION ON LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUDO (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF CUDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. TERM AND TERMINATION.
Subject to this Section, these Terms will remain in full force and effect while
you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for
any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of
your rights under these Terms, your Account and right to access and use the Site will terminate immediately.
CUDO will not have any liability whatsoever to you for any termination of your rights under these Terms, including
for termination of your Account. Even after your rights under these Terms are terminated, the following provisions
of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.
7. GENERAL
7.1 Changes.
These Terms are subject to occasional revision, and if we make any substantial changes, we may
notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently
posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail
address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not
capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be
effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if
applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes
will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes
shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of
such changes.
7.2 Dispute Resolution.
Please read this Arbitration Agreement carefully. It is part of your contract with
CUDO and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other
equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by
CUDO that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an
individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration
proceedings shall be held in English. This Arbitration Agreement applies to you and CUDO, and to any
subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party
must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim
or dispute, and the requested relief. A Notice to CUDO should be sent to: info@cudo.world. After the Notice is
received, you and CUDO may attempt to resolve the claim or dispute informally. If you and CUDO do not resolve
the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration
proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after
the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”),
an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this
section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules
of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating
and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer
Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling
the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or
disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may
be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims
or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the
right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100
miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If
you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of
any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that CUDO made to
you prior to the initiation of arbitration, CUDO will pay you the greater of the award or $2,500.00. Each party shall
bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected,
the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or CUDO pursue arbitration, the arbitration action must be initiated and/or demanded
within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the
AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any,
of you and CUDO, and the dispute will not be consolidated with any other matters or joined with any other cases or
parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator
shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and
statement of decision describing the essential findings and conclusions on which the award is based, including the
calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis
that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and CUDO.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and
are subject to very limited review by a court. In the event any litigation should arise between you and CUDO in any
state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CUDO WAIVE
ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE
ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the
arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality
unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any
information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable
relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be
waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of
this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with
CUDO.
(m) Small Claims Court. Notwithstanding the foregoing, either you or CUDO may bring an individual action
in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable
relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim
measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the
Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in
court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Arlington County,
Virginia, for such purpose
7.3 Export.
The Site may be subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical
data acquired from CUDO, or any products utilizing such data, in violation of the United States export laws or
regulations.
7.4 Disclosures.
CUDO is located at the address in Section 8.8. If you are a California resident, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
7.5 Electronic Communications.
The communications between you and CUDO use electronic means,
whether you use the Site or send us emails, or whether CUDO posts notices on the Site or communicates with you
via email. For contractual purposes, you (a) consent to receive communications from CUDO in an electronic form;
and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CUDO
provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in
a hardcopy writing. The foregoing does not affect your non-waivable rights.
7.6 Entire Terms.
These Terms constitute the entire agreement between you and us regarding the use of the
Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such
right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held
to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to CUDO is that of an independent contractor, and neither party is an agent or
partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you without CUDO’s prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null and void. CUDO may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
7.7 Copyright/Trademark Information.
Copyright © 2021 Cudo Inc. All rights reserved. All trademarks,
logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You
are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
7.8 Contact Information:
Cudo Inc.
Attn: Chief Executive Officer - Dave Martell
Email: info@cudo.world