Terms of Use for CacheSmart-us.com and WealthProbe.com

Updated: 7 November 2024

Introduction

The following Website Terms of Use (also referred to herein as the “Terms”) governs the terms and conditions of your visits to, use of, and navigation among the pages within CacheSmart-us.com and WealthProbe.com (also referred herein as “Websites”). By using these Websites, you expressly agree to all the terms and conditions expressed herein. You must not use the Websites if you have any objections to these Terms.

The Websites are not for the use of minors. Any person under the age of 18 must have the consent of a parent or guardian to use the Websites.

All reference to ‘you’ refers to the user of the Websites.

Cache Smart, LLC (also referred to herein as “Cache Smart”) may change the contents of these Terms from time to time. The date of the most recent change is reflected in the “Updated” date shown at the top. Your continued use of the Websites constitutes your continued agreement to the Terms.

Note that the terms for using the WealthProbe software (also referred herein as simply ‘WealthProbe’) are covered by the WealthProbe License, which governs the obligations of both the WealthProbe user and those of Cache Smart, LLC pertaining to the use and support of WealthProbe. The WealthProbe License is accessible from the WealthProbe website or from within WealthProbe itself.

General User Responsibilities

You will provide all means of access to the Websites and pay any required internet service provider fees for that access. You also agree to provide the operating system and hardware necessary to access the Websites.

When you provide information to the Websites, it must be accurate information as of the time it is provided.

You will use the Websites only to learn about and/or purchase Cache Smart software or to refer other users to the Websites. Any other use by you is prohibited.

Intellectual Property Rights

With the exception of “Your Content”, defined below, Cache Smart, LLC or its licensors own all rights to the intellectual property of the material contained on the Websites. In particular, Cache Smart, LLC retains the Copyright to all written content available to the public on the Websites, with all rights reserved. You are granted a limited license only, subject to the limitations expressed in these Terms, for the purposes of viewing the material shown on the Websites and making a purchase, subject to your decision to buy.

Aside from a link to any page of the websites, you agree not to copy, transfer, or sell any content you have been given access to on the Websites.

Furthermore, Cache Smart, LLC owns the Trade Marks to: Cache Smart, WealthProbe, and the company Logo.

Restrictions

You are expressly prohibited from all of the following:

• Publishing any material taken from the Websites in any media;
• Selling, sublicensing, or in any way commercializing any material from the Websites;
• Publically showing any material from the Websites (however, you are free to forward a link to any page on the Websites)
• Impeding the access of other users to the Websites in any way;
• Using the Websites in any way contrary to applicable laws and regulations;
• Using the Websites in a way that causes harm or may cause harm to the Websites, any person, or any business entity;
• Engaging in any data mining, harvesting, or extraction, or any similar activity while using the Websites; and
• Using the Websites for any advertising or marketing without the express permission of Cache Smart, LLC.

Cache Smart, LCC may restrict your access at any time to any areas of the Websites at its sole discretion.

Your Content

Within these Terms, “Your Content” is defined as any audio, video, textual, images, or other material you produce and chose to display on the Websites after obtaining approval from Cache Smart, LLC. By displaying Your Content on the Websites you grant Cache Smart, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute the content in any way it sees fit to do. Your Content must be your own, and must not infringe on a third party’s rights. Cache Smart, LLC reserves the right to remove Your Content from the Websites at any time, at its sole discretion, and without notice.

No Warranties

Although Cache Smart has taken several steps to keep your visit to the Websites safe, including encryption where necessary, no internet system can be said to operate entirely without risk. Therefore, you agree to access the Websites ‘As Is’, at your own risk. Cache Smart makes no express or implied warrantees of any kind pertaining to any aspect of the Websites, any materials contained herein or access to and performance of things accessed from the Websites. This includes, without limitation, any warrantee for information, data, uninterrupted access, services, or products (except for the product-specific warranty included in the product license agreement) provided through the Websites. Cache Smart offers no warrantees concerning the availability or usefulness of the contents of the Websites. In addition, everything on the Websites and their contents is for your information only, and cannot be construed as providing advice to you.

Limitation of Liability

In no event will Cache Smart, nor any of its officers, directors, or employees be liable to you for anything arising from or associated with your use of the Websites. Cache Smart disclaims any liability pertaining to any damages or injury caused by any failure of performance, error, omission, interruption, computer virus, communications failure of the Websites or their contents. Furthermore, Cache Smart disclaims any liability for any damages or injury caused by theft, destruction, or any activities resulting from the unauthorized access to the Websites, their contents or records. Neither Cache Smart nor any of its officers, employees, agents, contractors, successors or assigns, affiliates, or website service providers shall be liable to you or any third party for any damages resulting from the use of the Websites or their contents, or for the inability to use or access the Websites.

Indemnification

You hereby indemnify Cache Smart, its officers, directors, employees, and contractors from and against all liabilities, demands, actions, costs, damages, or expenses (including reasonable attorney’s fees) associated with your breach of any of the provisions of these Terms.

Severability

If any of the provisions of these Terms are found to be unenforceable or invalid under applicable law, the unenforceable or invalid provision(s) shall be deleted and this action will have no effect on any of the remaining provisions of these Terms.

Revision of the Terms

Cache Smart may revise these Terms at its sole discretion at any time. You are expected to review the Terms on a regular basis to ensure your understanding of the terms and conditions governing the use of the Websites. Your continued use of the Websites constitutes your agreement with the revised Terms.

Assignment

Cache Smart shall be permitted to assign, transfer, or subcontract its rights and/or obligations under these Terms at any time with no prior notification or consent required. 

Entire Agreement

These Terms including any legal notices and disclaimers on the Websites, constitute the entire agreement between you and Cache Smart governing your use of the Websites and supersedes any previous agreements and understandings governing your use of the Websites.

Jurisdiction and Governing Law

This Agreement shall be construed under the laws of the Commonwealth of Virginia. Any litigation resulting from the use of the Websites must be heard and adjudicated exclusively in a court of competent jurisdiction encompassing Stafford County, Virginia. You and Cache Smart hereby waive any and all rights to a trial by jury in any action or proceeding of any kind or nature in connection with any of the matters set forth in this Agreement.