Last updated: April 16, 2020
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://caboodle.media website (the “Service”) operated by Caboodle Media (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Caboodle Media and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Caboodle Media.
Caboodle Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Caboodle Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnity
The client agrees to indemnify and hold harmless Caboodle Media from any loss, expense, and damages arising out of violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied or reviewed by the Client to include the phrasing and usage of public statements such as but not limited to offers written in marketing materials.
Intellectual Property Rights
Caboodle Media will retain the rights to all parts of intellectual property it has developed. On project completions & receipt of full payment, Caboodle Media grants the Client a nonexclusive, royalty-free, worldwide license to use, modify, display, and otherwise take full lawful advantage of the product delivered.
Domain Renewal & Expiration Policy
Renewal Responsibility:
Clients are solely responsible for maintaining active registration and renewal of their domain names. Caboodle Media will make reasonable efforts to send renewal reminders prior to expiration; however, it remains the client’s responsibility to ensure timely renewal and maintain accurate contact and billing information.
Grace Period:
If a domain is not renewed by its expiration date, it will enter a Grace Period of up to 30 days, during which the client may still renew the domain at the standard renewal fee plus a $25 administrative grace-period fee. During this period, the domain may cease to function, and related website or email services may be suspended.
Redemption Period:
After 30 days from the expiration date, if the domain has not been renewed, it may enter a Redemption Period. At this stage, the domain may still be restorable; however, recovery is not guaranteed. If recovery is possible, a $275 redemption fee will apply in addition to the standard renewal fee.
Non-Guarantee of Recovery:
Caboodle Media cannot guarantee that any expired domain can be renewed or recovered. Domains may be auctioned, transferred, or permanently released for public registration at any time following expiration. Once a domain has entered the registry’s deletion process or been transferred to another party, it cannot be restored under any circumstances.
Termination for Non-Renewal:
Failure to renew a domain name or hosting service may result in permanent loss of ownership, associated website data, and related email accounts. Caboodle Media bears no responsibility for data loss, business interruption, or damages resulting from the client’s failure to renew in time.
Refunds:
Domain registrations, renewals, or redemption fees are non-refundable, as they represent irrevocable transactions with the domain registry.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Arkansas, United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Dispute Resolution
Behind every successful business relationship lies a foundation of mutual respect and clear pathways for resolving differences. When viewpoints diverge, having a structured, efficient process protects the interests of all parties while preserving the focus on what matters most—creating value together.
Mandatory Arbitration Requirement
Any dispute, controversy or claim arising out of or relating to any business relationship with Caboodle Media—including with clients, vendors, contractors, or partners—shall first be resolved through binding individual arbitration before pursuing any legal action in court. This arbitration provision shall be governed by the laws of the State of Arkansas, United States, consistent with the governing law provision of these Terms.
This arbitration shall:
- Be conducted by a neutral arbitrator in Little Rock, Arkansas
- Follow the American Arbitration Association’s rules for commercial disputes
- Remain confidential to protect all parties’ business interests
- Result in a binding decision enforceable in any court of competent jurisdiction
- Be governed by the Federal Arbitration Act
- Require costs to be shared equally between parties unless the arbitrator determines otherwise
Process for Resolution
- The disputing party must first provide written notice describing the specific nature of the dispute
- Both parties will engage in good faith negotiations for 30 days following receipt of notice
- If unresolved, the matter will proceed to binding arbitration as described above
- Only after completing arbitration may a party seek judicial remedies, limited to enforcement of the arbitration decision
Waiver of Class Actions
By entering into any business relationship with Caboodle Media, you waive any right to participate in class or collective actions related to disputes covered by this provision.
Severability
If any portion of this dispute resolution provision is found unenforceable, the remainder shall continue in effect to the maximum extent permitted by law.
By working with Caboodle Media or using our services, you acknowledge your agreement to these dispute resolution terms.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.