Terms of use

TERMS OF USE

Last Revised: Last Revised: May 16, 2023

  1. Introduction

    Cascade Designs, Inc. ("Cascade," "we," "us," or "our") owns and controls https://www.cascadedesigns.com; https://www.platy.com; https://www.msrgear.com; https://www.packtowl.com; https://www.seallinegear.com; https://www.thermarest.com; and any successor or additional websites that we may specify from time to time (individually hereinafter referred to as "Website" and collectively as "Websites"). Generally, you can acquire Products (as defined below), learn about our Products, sign up for our newsletter, and/or communicate with us through our Websites. These Terms of Use apply to anyone who contacts us, purchases Products, or accesses our Websites ("you" or "your"), and includes our Privacy Notice and other relevant terms and conditions (collectively hereinafter, "Agreement"). By accessing and using any Websites, you agree to be bound by the terms of this Agreement.

  2. Our Brands and Creating an Account

    1. Brands. We own and control the Platypus®, MSR®, MSR Global Health®, Pack Towl®, Seal Line®, Term-A-Rest®, and Varilite® brands ("Brands"), and all associated merchandise ("Products"). Our Brands and Products are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary information laws. Any unauthorized use of the same is expressly prohibited. We expressly reserve all Intellectual Property Rights (as defined below) associated with our Brands and Products.
    2. Account. You can create an account with us through our Websites ("Account"). If you create an account, you agree to provide accurate, current, and complete information, and to update the same as may be necessary from time to time ("Account Information"). If we have reason to believe that your Account Information is inaccurate, outdated, or incomplete, we may suspend or terminate your Account. You agree that you will not: (i) create an Account using a false identity or information that is not your own; (ii) have more than one Account; or (iii) create a new Account if we have previously terminated access to your Account. We reserve the right, in our sole discretion, to accept or reject your Account Information, as well as suspend or terminate your Account for any reason. You are responsible for maintaining the confidentiality of your password and Account and will be fully responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account. ANY SUSPECTED FRAUDULENT, ABUSIVE, OR ILLEGAL ACTIVITY MAY BE GROUNDS FOR TERMINATION OF YOUR ACCOUNT, ACCESS OR USE OF OUR WEBSITES, AND MAY BE REFERRED TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.

  3. Acquiring Products

    1. Purchases. You can acquire Products as a guest or through your Account. Most Products typically come with a warranty; however, in certain instances, Products are sold on an as-is basis and are not subject to repairs, refunds, returns, exchanges, or other warranties. Please visit our Customer Support Center to learn more about our shipping, return, repair, and warranty policies located at the following link: https://support.cascadedesigns.com/s/. Payments for Products are processed via CyberSource, a Visa solution, and are subject to additional terms and conditions located at the following link: https://usa.visa.com/legal/global-privacy-notice/additional-privacy-information.html. We expressly reserve the right to select another or additional payment processor at any time, without prior notice to you, in our sole discretion. For purposes of this Agreement, CyberSource is a Service Provider. You will receive an e-mail confirming your order when payment has been processed. We may, at any time, in our sole discretion, limit or restrict the number of Products available to you, discontinue Products, or change the model, design, specifications, or construction of Products, without prior notice to you.

      If you purchase Products through Afterpay please note that you will be subject to the terms and conditions located at the following links: https://www.afterpay.com/en-US/terms-of-service, https://www.afterpay.com/en-US/installment-agreement, and https://www.afterpay.com/en-US/privacy-policy. You are solely responsible for your interactions with Afterpay. We expressly reserve the right to discontinue Afterpay in our sole discretion, without prior notice.

    2. Promo Codes. We may, from time to time, in our sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. We limit one promotional code per customer. Promotional codes are void where prohibited. We expressly reserve the right to terminate or modify any promotion at any time, in our sole discretion.
  4. Content

    1. Our Content. The design of our Brands, Products, and Websites, including the text, scripts, graphics, interactive features, and the trademarks, service marks, and logos contained therein, are owned by or licensed to us and are subject to copyright and other Intellectual Property Rights under United States and foreign laws and international conventions ("Our Content"). You agree not to engage in the misuse, copying, and/or redistribution of Our Content.
    2. User Content. You hereby grant us a non-exclusive, fully-paid, royalty-free, world wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works of, and otherwise use and reuse all or any part of any information, photos, materials, and/or other content that you provide us and/or submit to us through any Website ("User Content"). You hereby represent and warrant that you own all rights to the User Content that you provide to us or, alternatively, that you have the right to give us the license described above. You represent and warrant that your User Content does not infringe on the Intellectual Property Rights, privacy rights, publicity rights, or other legal rights of any third party. You waive and agree to never assert any and all moral rights in and to all of the materials licensed in this Section. We expressly reserve the right to display advertisements in connection with your User Content. We are not required to host, display, or distribute any User Content and we may refuse to accept or transmit User Content. Additionally, we may remove or delete all or any portion of User Content at any time.
    3. User Content Disclaimer. You understand that when accessing or using certain Website features that you may be exposed to User Content from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. We assume no responsibility whatsoever in connection with or arising from User Content. We assume no responsibility for actively monitoring User Content for inappropriate content. Further, we neither endorse nor control User Content submitted by other users. We make no warranties, express or implied, as to User Content or the accuracy and reliability of any User Content. Nonetheless, we expressly reserve the right to prevent you from submitting User Content, and to edit, restrict, or remove User Content for any reason, at any time.
    4. Communications Decency Act. We ask that you please be respectful when communicating with us and others. We are not required to, but we expressly reserve all defenses for the removal of User Content made available to us pursuant to Section 230 of the Communications Decency Act, the First Amendment to the Constitution of the United States of America, and any other applicable laws, rules, or regulations.
    5. Feedback. If you provide us with any feedback or suggestions ("Feedback"), you hereby assign us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide us as non-confidential and non-proprietary to you. We will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.
  5. Website Use Rights and Restrictions

    1. Use Rights. Cascade hereby grants you a personal, non-commercial, revocable, limited, non-assignable, non-transferable, non-exclusive license to access and use the applicable Website for the purpose for which it was intended and pursuant to the terms of this Agreement. We expressly reserve all rights not expressly granted herein.
    2. Restrictions. Our Websites are intended solely for personal and non-commercial use. You may not distribute, copy, reproduce, publish, transmit, publicly display, publicly perform, edit, modify, create derivative works from, sell, license, rent, modify, frame in another website, use on any other website, and/or exploit Our Content in any way. You further agree that you will not:
      1. Take any action that imposes or may impose an unreasonable or disproportionately large load or burden on the infrastructure supporting our Websites;
      2. Interfere or attempt to interfere with the proper working of any Website or any activities conducted on any Website;
      3. Use our Websites or any information displayed therein to stalk, harass, abuse, defame, threaten, or defraud other users; violate the privacy or other rights of users; or collect, attempt to collect, store, or disclose without permission the location or personal information of other users;
      4. Submit any offensive or pornographic User Content, or User Content that is harmful to us or other users through our Websites;
      5. Use our Websites for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, Intellectual Property Rights, data protection and privacy, and import or export control;
      6. Impersonate any person or entity, or falsely claim an affiliation with any person or entity;
      7. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of any Website or Account;
      8. Intentionally interfere with or damage operation of any Website or any user's enjoyment thereof, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
      9. Post, store, send, transmit, or disseminate any User Content that, in our sole judgment and discretion, is deemed to be objectionable; defamatory; libelous; offensive; obscene; indecent; pornographic; harassing; threatening; embarrassing; distressing; vulgar; hateful; racially, ethnically, or otherwise offensive to any group or individual; intentionally misleading; false; or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
      10. Post, store, send, transmit, or disseminate any User Content or material which infringes upon any patents, trademarks, trade secrets, copyrights, Intellectual Property Rights, or any other rights of any person;
      11. Gain unauthorized access to the Account of another, or the computer systems or networks connected to any of our Websites, or any part of it, through hacking, password mining, or any other means, or interfering or attempting to interfere with the proper working of any of our Websites; and
      12. Probe, scan, or test the vulnerability of our network, or use any robot, spider, scraper, or other automated means to access and use any of our Websites.
  6. Intellectual Property Rights and Ownership

    1. Intellectual Property Rights. "Intellectual Property Rights" means any and all rights, titles, and interest, arising or existing at any time relevant hereto, anywhere in the world, including, but not limited to, all patent, patent registration, copyright, trademark, trade name, service mark, service name, trade secret, or other proprietary right arising or enforceable under any United States federal or state law, rule, or regulation; non-United States law, rule, or regulation; or international treaty in any technology, system, invention, discovery, know-how process, method, information, medium, or content, including, but not limited to, text, print, pictures, photographs, videos, marks, logos, designs, drawings, artistic and graphical works, music, speech, computer software and documentation, any other works of authorship, and any form, method, or manner of expression or communication now known or hereinafter becoming known.
    2. Proprietary Rights. Our Content, Brands, Products, and Websites, including all features and functionality, information, software, text, displays, images, video, audio, look and feel, and the compilation thereof, are copyrights, trademarks, trade dress, trade secrets, and/or other Intellectual Property Rights owned, controlled, or licensed by Cascade and its subsidiaries or affiliates, or by third parties who have licensed their materials to us and are protected by U.S. and international copyright, trademark, patent, trade secure, and other intellectual property or proprietary laws ("Cascade IP"). UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR ANY OTHER MISUSE OF CASCADE IP IS EXPRESSLY PROHIBITED.
  7. Warranty Disclaimer and Limitation of Liability

    YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:

    1. THE WEBSITES, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, CASCADE IP, AND USER CONTENT, ARE PROVIDED ON AN "AS-IS," BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CASCADE AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE "CASCADE PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND/OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE WEBSITES; (II) OUR CONTENT; (III) USER CONTENT; (IV) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED ON ANY WEBSITE; OR (V) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE CASCADE PARTIES. IN ADDITION, THE CASCADE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, THAT WEBSITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES OUR WEBSITES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CASCADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND FREEDOM FROM VIRUS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
    2. UNDER NO CIRCUMSTANCES WILL THE CASCADE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES, OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (I) OUR WEBSITES; (II) OUR CONTENT; (III) USER CONTENT; (IV) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A WEBSITE; (V) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CASCADE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF ANY WEBSITE; (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR ANY OTHER CASCADE IP; (VII) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF ANY WEBSITE; OR (VIII) ANY DAMAGE TO ANY USER'S DEVICE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF USER CONTENT, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR IF THE CASCADE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, VIOLATION OF ANY STATUTE, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACT OF GOD, TELECOMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION OF A WEBSITE). IN NO EVENT WILL THE CASCADE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE CASCADE PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US (IF ANY).
  8. Indemnification

    1. By you. You shall indemnify and hold the Cascade Parties harmless from and against any and all claims and expenses, including all attorneys' fees and costs, whether made by you or on your behalf, or by any third party, arising out of your use of or access to any of our Websites, including, but not limited, to claims arising out of any of the following: (i) your violation of these Terms of Use; (ii) your violation of any third-party right, including (but not limited to) any copyright, trademark, trade secret, or privacy right; (iii) any misrepresentation made by you; (iv) your User Content; and (v) your interactions with Afterpay, CyberSource, and/or another Website user. You shall promptly notify us and to cooperate fully in the defense of any claim. Cascade reserves the right to assume the exclusive defense and control of any claim indemnified under this Section by you.
    2. Cascade. We shall indemnify, defend, and hold you harmless from any and all liabilities, losses, damages, suits, penalties, fines, costs, or expenses (including reasonable attorneys' fees and other applicable expenses) relating to third-party claims that our Website infringes upon that party's Intellectual Property Rights, except as otherwise provided by the indemnity provision in Section 8(a) above ("Infringement Claim"). Our obligation hereunder is contingent upon your prompt written notice of any such claim and reasonable assistance in defending any such Infringement Claim.
  9. Changes to These Terms of Use

    From time to time, we may make changes to our Terms of Use and other terms of the Agreement. When changes are made, a new version of the Terms of Use will be posted on the Websites. We will also update the "Last Revised" date at the top of the Terms of Use. If you do not agree to any changes in our Terms of Use Notice, you agree to stop using our Websites. Your continued use of any of our Websites constitutes your acceptance of such changes.

  10. Copyright: Infringing Material/DMCA

    1. Notification Procedures. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from our Websites by submitting written notification to the e-mail address listed in "Contact Information" below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
      1. Your physical or electronic signature.
      2. Identification and description of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on a Website, a representative list of such works.
      3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
      4. Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
      5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the written notice is accurate.
      7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

      If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

      It is our policy to disable and/or terminate, in appropriate circumstances, any user's access to a Website and/or Account in the event of repeated infringing activity, and Cascade reserves such rights.

    2. Counter-Notification Procedures. If you believe that material you posted on a Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to the e-mail address listed in "Contact Information" below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
      1. Your physical or electronic signature.
      2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
      3. Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
      4. A statement by you, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
      5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

      The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten to fourteen (10-14) days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

      If you believe your copyright material is being used on a Website without permission, please notify our Customer Support Center via the following link: https://support.cascadedesigns.com/s/

  11. Choice of Law, Dispute Resolution, and Class Action Waiver

    1. Choice of Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Washington. To the extent applicable law permits, the provisions set forth in this Agreement shall prevail in the event of a conflict with any other law.
    2. Dispute Resolution. Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement shall be settled by binding arbitration, to be held in Seattle, Washington, in accordance with the American Arbitration Association's Consumer Arbitration Rules. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. No dispute may be brought by either party after eighteen (18) months after the occurrence of the event allegedly giving rise to any such claims. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its Intellectual Property Rights in any court of competent jurisdiction.
    3. Judicial Forum for Legal Disputes. In the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, except to seek injunctive or other equitable relief to protect its Intellectual Property Rights, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between the parties must be resolved exclusively by applicable federal or state court located in Seattle, Washington. You agree to submit to the exclusive personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all such claims or disputes.
    4. Class Action Waiver. To the extent permitted by applicable law, you hereby agree to waive the right to join or otherwise participate in any class action against the Cascade Parties, and accordingly agree to have any disputes resolved through the dispute resolution process set forth in Section 11(b) above.
  12. Miscellaneous

    1. Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable, or invalid, then, to the full extent permitted by law, (i) the provision found to be illegal, unenforceable, or invalid shall be deemed amended, and the court having jurisdiction shall be requested to reform such provision to the extent necessary to make it legal and enforceable while preserving the intent of the parties reflected therein; and (ii) such illegality, unenforceability, or invalidity will not affect or impair the remaining provisions, which shall continue in full force and effect.
    2. Amendments; No Waiver. Any term of the Agreement may be amended and the observance of any term may be waived, but only by the written consent of each party to the Agreement. The failure of a party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same, unless such provision is waived in writing, signed by the party. The rights and remedies of the parties hereunder shall not be mutually exclusive, and the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provisions hereof.
    3. No Assignment. You may not assign this Agreement nor any rights or obligations herein, in whole or in part, whether voluntary, by operation of contract, law, or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
    4. Term and Termination. These Terms of Use shall remain in effect until terminated as set forth herein ("Term"). You may terminate this Agreement by cancelling your Account or by ceasing to use our Websites. We may immediately terminate this Agreement and disable or delete your Account if you materially breach this Agreement in any way, or for any reason whatsoever with prior written notice to you. The terms are intended to survive termination of this Agreement (e.g., indemnification, limitation of liability).
    5. Communication. You consent to receive e-mail messages from us and/or other methods of communication that you provide to us. You are responsible for providing us with a current e-mail address. If you have provided an invalid e-mail address, or such information incomplete and we are not able to contact you, such e-mail notification will nonetheless constitute effective notice.
    6. California Users and Residents. Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries must be addressed to our agent for notice and sent via certified mail to: 4000 1st Ave. South, Seattle, WA 98134. You may also contact our Customer Support Center via the following link: https://support.cascadedesigns.com/s/.

      California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

    7. Retention. We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the services to you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
    8. Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
    9. Accessibility. We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 ("WCAG") and other measures to assist with making our Website user-friendly and accessible to users with disabilities. WCAG principles provide for website content to be perceivable, operable, understandable, and robust. We regularly evaluate the content of our Websites in relation to WCAG's recommendations. Not all WCAG principals are operational, and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Websites. Please contact our Customer Support Center via the following link: https://support.cascadedesigns.com/s/, or by phone at (206) 676-1429 (Monday through Friday, from 9:00 a.m. to 5:00 p.m. PDT) for assistance with accessing and using a Website.
    10. Contacting Us. Please contact our Customer Support Center via the following link https://support.cascadedesigns.com/s/ with any questions you may have regarding our Brands, Products, and Websites.