Terms of Use

Last Modified: August 22, 2024

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PLEASE READ THESE WEBSITE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, CONTAINS CLASS ACTION WAIVERS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

Welcome to the Cambr website located at www.cambr.com (the “Website”), owned and operated by Cambr Solutions, LLC (collectively, “CAMBR,” “we,” “us,” or “our”). These Terms of Use, together with any documents or materials they expressly incorporate by reference, form a legally binding agreement between CAMBR and the person and/or entity, as well as such person and/or entity’s affiliates, heirs, assigns, and successors (collectively, “User,” “you,” or “your”), accessing the Website, whether as a guest or registered user. These Terms of Use govern your access to and use of the Website and any other online services in which these Terms of Use are displayed. Your access to and use of the Website are conditioned on your acceptance of and compliance with these Terms of Use. By accessing or using the Website, you are indicating that you have read, understand and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you must stop accessing or using the Website. User and CAMBR are sometimes referred to herein each individually as a “Party” and together as the “Parties.”  

You may use the Website only if have the authority to form a binding contract with CAMBR in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations. Without limiting the foregoing, this Website is only available to those individuals who are at least 18 years old. By continuing to use the Website, or by otherwise accepting these Terms of Use, you (a) agree to be legally bound by these Terms of Use and (b) represent an warrant that (1) you are of legal age to enter into a binding agreement, and (2) if User is a corporation, governmental organization, or other legal entity, the person accessing or using the website on its behalf has the right, power, and authority to enter into these terms on behalf of the User and bind User to these Terms of Use.

If CAMBR has previously prohibited you from accessing or using the Website, you are not permitted to access or use the Website except as may subsequently be permitted in CAMBR’s sole discretion.

You should also review our Privacy Policy, the terms of which are incorporated herein by reference and made a part of this Agreement.

1. CHANGES TO TERMS OF USE

CAMBR reserves the right to revise these Terms of Use at any time, and any revisions or modifications will be effective immediately when posted to this Website. Users are deemed to be apprised of and bound by any changes to these Terms of Use. CAMBR will indicate that changes to these Terms of Use have been made by updating the date indicated after the ‘Last Modified’ section above. Your continued use of the Website after that date constitutes your agreement to the revised and modified Terms of Use. However, any changes to the dispute resolution provisions set forth in Section 20 (Governing Law and Jurisdiction) below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

2. LAWS AND REGULATIONS

You agree to comply with all international, federal, state and local laws and regulations applicable to your access and use of the Website.

3. RULES AND PROHIBITIONS

The following requirements apply to your use of the Website:

  • You will not use any feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
  • You will not use the Website for any commercial, non-personal purpose not expressly approved by CAMBR in writing.
  • You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
  • You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason.
  • You will not remove, delete, alter, or obscure any trademarks or any copyright, patent or other intellectual property or proprietary rights notices included in the Website, including any copy thereof
  • You will not use the Website in a way that violates any law or promotes any illegal activities, including, but not limited to the submission of inappropriate or unlawful content to or through the Website.
  • You will not obtain or attempt to obtain unauthorized access to the Website or to CAMBR’s servers, systems, network, or data; scrape, access in violation of these Terms of Use, monitor, index, frame, link, copy, or search (or attempt to do so) the Website by any means (automated or non-automated) other than through currently available, published interfaces that are provided by CAMBR (and only pursuant to these Terms of Use) (crawling the Services is permissible in accordance with these Terms of Use, but scraping the Website without the prior written consent of CAMBR is expressly prohibited).
  • You will not impersonate any person or entity or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Website.
  • You will not violate any rights of any third party, including trade secrets, privacy, or publicity rights.
  • You will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Website or that would be intentionally deceitful or fraudulent.
  • You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Website or use of the Website or the content therein.
  • You will not attempt to indirectly undertake any of the prohibitions herein.

4. CAMBR’S LICENSE TO YOU

Neither title to any Intellectual Property Rights (as defined herein) associated with the Website nor any portion of any Intellectual Property Rights associated with the Website (except as expressly provided herein) are transferred to you, but rather remain with CAMBR, who shall continue to own full and complete title to the Intellectual Property Rights. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any Intellectual Property Rights, except as expressly permitted in these Terms of Use.

5. INTELLECTUAL PROPERTY RIGHTS; FEEDBACK

All right, title, and interest in and to the Website are and will remain the exclusive property of CAMBR. All materials therein, including, without limitation, the CAMBR name, domain names software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, distinctive brand features and all intellectual property rights, including all patents, copyrights, moral rights, trademarks, and trade secrets related thereto (together with the Website, the “Intellectual Property Rights”), are the exclusive property of CAMBR and its licensors. The Intellectual Property Rights are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Intellectual Property Rights have been developed, compiled, prepared, revised, selected, and arranged by CAMBR and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable property of CAMBR and such others. Except as explicitly provided herein, nothing in these Terms of Use gives you a right to use, reproduce, distribute, modify, create derivative works of, republish, download, store, or transmit the Intellectual Property Rights. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

6. PROHIBITED USES

User may use the Website only for lawful purposes and in accordance with these Terms of Use. You shall not use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate CAMBR, a CAMBR employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by CAMBR, may harm CAMBR or users of the Website, or expose them to liability.
  • To modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or any part thereof.

Additionally, User shall not:

  • Remove, delete, alter, or obscure any trademarks or any Intellectual Property Rights or proprietary rights notices provided on the Website.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without CAMBR’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CAMBR, its licensors, and service providers, and its 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 (a) your violation of these Terms of Use or your use of the Website; (b) your violation of any local, state, federal, or international law, rule, or regulation; (c) any misrepresentation made by you; or (d) your authorization of anyone else to use the Website or your account on your behalf. CAMBR reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide CAMBR with such cooperation as is reasonably requested by CAMBR.

8. NO WARRANTIES

All content, products, and services on the Website, or obtained from a Linked Site, are provided to you “as is” and “as available” without warranty of any kind either express or implied. WE EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.

CAMBR does not endorse and is not responsible for: (a) the accuracy or reliability of any opinion, advice, or statement made through the Website by anyone; (b) any content provided on Linked Sites; or (c) the capabilities or reliability of any product or service obtained from a Linked Site.

Other than as required under applicable law, under no circumstance will CAMBR be liable for any loss or damage caused by a user’s reliance on information obtained through the Website or a Linked Site or User’s reliance on any product or service obtained from a Linked Site. Furthermore, User understands that CAMBR cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available through the Website or obtained from a Linked Site and for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and for maintaining a means external to the Website for reconstruction of any lost data. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

9. LIMITATION OF LIABILITY FOR USE OF THE WEBSITE AND LINKED SITES

THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CAMBR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CAMBR DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE IS COMPLETE OR UP TO DATE. CAMBR IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITE. CAMBR MAY CHANGE THE CONTENT ON THE WEBSITE AT ANY TIME WITHOUT NOTICE. CAMBR MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AT ANY TIME.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, YOU AGREE THAT CAMBR, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE(S), OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED SITE, EVEN IF CAMBR IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. CAMBR CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ITS WEBSITE.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO US FOR THE PRODUCT AT ISSUE IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE OR PRODUCT, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (II) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITY FOR THIRD PARTY SERVICES THROUGH THE WEBSITE

CAMBR HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SERVICE PROVIDER, CARRIER, OR OTHER SUPPLIER THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH SERVICE PROVIDER, CARRIER, OR OTHER SUPPLIER, AND YOU HEREBY EXONERATE CAMBR FROM ANY LIABILITY WITH RESPECT TO THE SAME.

11. HYPERLINKS

The Website may provide links to other websites or digital properties by allowing the user to leave this Website to access third-party material or by bringing the third-party material into this Website via “inverse” hyperlinks and framing technology (a “Linked Site”). CAMBR has no discretion to alter, update, or control the content on a Linked Site. The fact that CAMBR has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the Internet. CAMBR urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site. You expressly relieve CAMBR from any and all liability arising from your use of any Linked Site.

12. LINKED INTERNET SITES

CAMBR prohibits caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website. CAMBR reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Website. Access to any other Internet Sites Linked to the Website is at the user’s own risk.

13. CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law and in accordance with the CAMBR Privacy Policy, CAMBR will use commercially reasonable efforts to maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to CAMBR.

User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. CAMBR is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

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14. TRANSMISSION OF PERSONAL DATA

User acknowledges and agrees that by providing CAMBR with any personal or proprietary user information through the Website, user consents to the transmission of such personal or proprietary user information as necessary for processing in accordance with CAMBR’s standard business practices. All information we collect on this Website is subject to the CAMBR Privacy Policy.

User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. CAMBR is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

15. USE OF “COOKIE” FILE FEATURES

CAMBR reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Website to reflect users’ preferences. The CAMBR Privacy Policy provides additional information regarding CAMBR’s use of cookies as well as procedures for disabling cookies. You may disable or delete your cookies at your discretion, but it may have a negative impact on your use of the Website benefits and features.

16. NO INVESTMENT ADVICE OR OFFERS

Nothing in the Website constitutes investment advice. CAMBR provides investor relations materials for convenience and information only. In addition, investor relations materials and other Website content are not offers to sell or solicitation of an offer to buy any security. Therefore, you represent and warrant your understanding that nothing in the Website constitutes investment advice under applicable law, including, but not limited to, the Investment Advisers Act of 1940 and the rules, regulations, and interpretive guidance promulgated thereunder.

17. FORWARD LOOKING INFORMATION

Certain information on this Website contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. Words such as – but without limitation – “believe,” “expect,” “anticipate,” “optimistic,” “intend,” “aim,” “will,” or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. CAMBR undertakes no obligation to update publicly or revise any forward-looking statements.

18. PRESS RELEASES

All press releases and other materials presented or released that are contained on the Website were, to the best of CAMBR’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. CAMBR has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Website.

19. VIOLATIONS OF TERMS OF USE

CAMBR reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to a Website.

20. MISCELLANEOUS

Entire Agreement. These Terms of Use, together with any other legal notices, amendments, and additional agreements or policies published by CAMBR in relation to the Website, shall constitute the entire agreement between you and CAMBR concerning the use of the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. These Terms of Use supersede and replace any prior agreements between CAMBR and you regarding the Website.

Governing Law. All matters relating to the Website, these Terms, or the Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without regard to its conflict of laws provisions. Any legal suit, action, or proceeding arising out of, or related to, the Website or these Terms of Use shall be instituted exclusively in the U.S. District Court for the District of Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in the federal or state courts of your place of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CAMBR’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Statute of Limitations. Except where prohibited by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Force Majeure. Neither CAMBR nor you shall be liable to the other for any delay or failure in performance under these Terms of Use arising out of a cause beyond its control and without its fault or negligence (in each case, a “Force Majeure Event”). Such Force Majeure Events may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters. Notwithstanding the foregoing, any delay or failure to make payments when due shall not constitute a Force Majeure Event.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CAMBR without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms of Use bind and inure to the benefit of each party and the party’s successors and permitted assigns.

Survivability. The following sections survive after you leave the Website, and any termination of these Terms of Use: 4, 5, 7, 9, 10, and 20.

Notices. We may deliver notice to you by email, posting a notice on the Website, or any other method we choose, and such notice will be effective on dispatch. You agree to keep your email address information current. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you give notice to us, it will be effective when received by email at support@cambr.com.