Last Updated: August 29, 2022
1. Eligibility and Use
You must be at least 18 years of age or the age of legal majority where you reside to use our Site. The Site is provided to you for informational purposes only. No information or material from this Site should be used or considered as an offer to sell or as a solicitation of any offer, funds, or investment opportunities by Cascade. Cascade is not using the Site to provide legal, tax, investment or other advice, and no information or material on the Site may be relied upon for the purpose of making or communicating investment or other decisions. No information or material on the Site should be construed as Cascade’s endorsement, recommendation, or sponsorship of any company or investments. Cascade does not offer any funds or investments through the Site. Cascade serves William H. Gates III and the Bill & Melinda Gates Foundation Trust and does not solicit, or makes its services available to, the public.
2. Prohibited Conduct and Content
- You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Site;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us;
- Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
- Use our Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Bypass or ignore instructions contained in the robots.txt file, accessible at www.cascadeassetmanagement.com/robots.txt, that controls automated access to portions of our services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
- Develop or use any applications that interact with our Site without our prior written consent;
- Send unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- Enforcement of this Section 2 is solely at Cascade’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 2 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
3. Ownership; Limited License
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Cascade or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
“Cascade Asset Management Company” and our trademarks, logos, slogans and the look and feel of the Site are trademarks of Cascade and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Cascade does not accept nor want unsolicited requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed (collectively, “Submissions”) that are confidential or proprietary. Any Submissions submitted or offered to Cascade are subject to our Submission Terms, and such Submission Terms are hereby incorporated by reference into these Terms. Please read our Submission Terms carefully prior to submitting any information or otherwise communicating directly with us.
6. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Cascade does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Cascade and our affiliates, and each of our respective owners, members, managers, officers, directors, agents, partners and employees, if any, (individually and collectively, the “Cascade Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to
- your access to or use of the Site;
- your Submissions;
- your violation of these Terms;
- your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or
- your conduct in connection with the Site.
You agree to promptly notify Cascade Parties of any third-party Claims, cooperate with Cascade Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Cascade Parties will have control of the defense or settlement, at Cascade’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cascade or the other Cascade Parties.
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein is provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Cascade does not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While Cascade attempts to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
9. Limitation of Liability
- To the fullest extent permitted by applicable law, Cascade and the other Cascade Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Cascade or the other Cascade Parties have been advised of the possibility of such damages.
- The limitations set forth in this Section 9 will not limit or exclude liability for any matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
10. Transfer and Processing Data
In order for us to provide our Site, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
11. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Cascade and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
- No Representative Actions. You and Cascade agree that any dispute arising out of or related to these Terms or our Site is personal to you and Cascade and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- Arbitration of Disputes. Except for small claims disputes in which you or Cascade seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Cascade seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Cascade waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Cascade you agree to first contact Cascade and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Cascade by email at webterms@CascadeAssetManagement.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Cascade cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator, unless the parties agree to a different number. Arbitration proceedings will be held in King County, Washington. You and Cascade agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
- You and Cascade agree that these Terms affect interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Cascade, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
- You and Cascade agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Cascade will pay the remaining JAMS fees and costs. For any arbitration initiated by Cascade, Cascade will pay all JAMS fees and costs. You and Cascade agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Cascade will not have the right to assert the claim.
- You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 11. To do so, you must email Cascade at webterms@CascadeAssetManagement.com, setting forth your request to opt out. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 12.
- If any portion of this Section 11 is found to be unenforceable or unlawful for any reason
- the unenforceable or unlawful provision shall be severed from these Terms;
- severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and
- to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 11 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 11 will be enforceable.
12. Governing Law and Venue
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the state of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Seattle, Washington.
13. Modifying and Terminating our Site
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Cascade to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.