Effective March 14, 2023

Welcome to Chickadeasy. These Terms of Service ("Terms") creates an agreement ("Agreement") between you and Chickadeasy, LLC  ("Chickadeasy", "us" or "we") regarding your access to and use of the services, including our various websites ("Website"), APIs ("API"), email notifications, software, applications, plugins, browser extensions, buttons and widgets (collectively, the "Services"), and any information, text, graphics, photos or other materials (collectively, the "Content"). Your access to and use of the Services are conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms. Use of the browser extensions are also subject to the terms of the Browser Extension License.

Chickadeasy reserves the right to update and change the Terms from time to time, upon notice to you, which may be sent by email or posted on the Website. Any new features that augment or enhance the current Services, including the release of new features, tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.Chickadeasy.com/terms

1. BASIC TERMS

You are responsible for your use of the Services, for any Content that you post with the Services, and for any consequences thereof. The Content you submit, post, or display publicly will be able to be viewed by others. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Chickadeasy and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Chickadeasy provides are always evolving and the form and nature of the Services that Chickadeasy provides may change from time to time without prior notice to you. In addition, Chickadeasy may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Chickadeasy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. ACCOUNTS

As a condition to using the Services, you may be required to register with Chickadeasy and create an account ("Account"). You shall provide Chickadeasy with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You may not create multiple Accounts for disruptive or abusive purposes, or with overlapping use cases. Mass Account creation may result in suspension of all related Accounts. Accounts that are inactive for more than six months may also be removed without further notice.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. Chickadeasy cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. SECURITY

The browser extensions work 100% locally, on your computer. The browser extensions only interact with the active page of your browser and no data is transmitted to any outside source, including Chickadeasy.

5. FEES AND PAYMENT

Chickadeasy reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. A valid credit card is required for paid accounts. Free accounts are not required to provide a credit card number.

Paid accounts are subject to the following terms:

1. Paid Services are billed in advance on a monthly or annual basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
3. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Chickadeasy does not accept any liability for such loss.
4. Chickadeasy reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

6. PRIVACY POLICY

Any information that you provide to Chickadeasy is subject to our Privacy Policy, which governs our collection of and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Chickadeasy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Chickadeasy Account, which you may not be able to opt-out from receiving.

7. CONTENT SHARED ONLINE

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Refer to the policies and Terms of any affiliate connection whose products you choose to post. The availability of content offered by the Chickadeasy Browser Extension Template builder does not indicate compliance with Specific TOS and policies of any merchant. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed. Under no circumstances will Chickadeasy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

8. CHICKADEASY RIGHTS

All rights, title, and interest in and to the Services are and will remain the exclusive property of Chickadeasy and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Chickadeasy name or any of the Chickadeasy trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Chickadeasy, or the Service Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

9. RESTRICTIONS ON CONTENT AND USE OF THE SERVICEs

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Chickadeasy's computer systems, or the technical delivery systems of Chickadeasy's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Chickadeasy (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Chickadeasy (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Chickadeasy is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

10. COPYRIGHT POLICY

Chickadeasy respects the intellectual property rights of others and expects to do the same. The Browser Extension is licensed, not sold. You acknowledge that Chickadeasy and its licensors and content and service providers ("Chickadeasy Licensors") own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Browser Extension, portions thereof, or software provided through or in conjunction with the Browser Extension. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree not to remove, obscure, or alter Chickadeasy's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Browser Extension. All rights not expressly granted to you are reserved by Chickadeasy or its suppliers.

In appropriate circumstances, Chickadeasy will also terminate a user's account if the user is determined to be a repeat infringer.

11. CANCELLATION

You are solely responsible for properly cancelling your paid account. An email or phone request to cancel your paid account is not considered a cancellation. You can cancel your paid account at any time by clicking on the Subscription link from the menu that is accessible from the top-right corner of the screen. The Subscription page provides a link that you can click on to cancel your paid account.

If you cancel the Service before the end of your current paid up month, you can continue using the Service until the end of your paid subscription period. You will not be charged again after cancelling.

12. TERMINATION

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your Account at any time by following the instructions on the Website. Chickadeasy may terminate your access to the Services or your Account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your Account. Chickadeasy may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your Account, your right to use the Browser Extension will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13. WARRANTY DISCLAIMER

Your access to and use of the Browser Extension are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, CHICKADEASY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Chickadeasy make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Chickadeasy Entities or through the Services, will create any warranty not expressly made herein.

14. LINKS

Chickadeasy may share links to third-party websites or resources. You acknowledge and agree that Chickadeasy is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Chickadeasy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL CHICKADEASY OR ITS SUPPLIERS, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHICKADEASY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CHICKADEASY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

16. INDEMNITY

You will indemnify and hold Chickadeasy, its parents, subsidiaries, affiliates, officers, and employees harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Browser Extension, Content you post or make available through the Services, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.

17. MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Chickadeasy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Chickadeasy's reasonable control, including, without limitation, mechanical, electronic or communications failure. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Chickadeasy's prior written consent. Chickadeasy may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Marion County, Oregon using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services,  ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Chickadeasy in any respect whatsoever.

18. ENTIRE AGREEMENT

These Terms and our Privacy Policy are the entire and exclusive agreement between Chickadeasy and you regarding the Services (excluding any services for which you have a separate agreement with Chickadeasy that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Chickadeasy and you regarding the Services. Other than members of the group of companies of which Chickadeasy,  is the parent, no other person or company will be third party beneficiaries to the Terms.

These Services are operated and provided by Chickadeasy, LLC, Marion County, Oregon. If you have any questions about these Terms, please contact us.