1. Agreement to Abide by Terms and Conditions. This web site is provided by CAGAL, Chad Lacasse Associates and Tabletop Billboards (collectively the “Company”). These terms and conditions of use govern your use of this web site and are a legally binding contract between the Company and you. By using, viewing, displaying, downloading, copying, printing, and/or distributing the contents of this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not use this web site.
2. Personal and Noncommercial Use. Subject to these terms and conditions, the Company grants you a license to use, view, display, download, copy, print, and/or distribute the contents of this web site for your personal and noncommercial purposes. No part of the content of this web site may be used in any other manner or for any other purpose without the prior written consent of the Company. This license is limited, non-exclusive, and revocable by the Company at any time for any or no reason. This license does not transfer to you any title or other legal rights in or to any of the contents of this web site. You must retain all copyright and other proprietary notices on any web site content which is downloaded, copied, and/or printed. You may not modify any of the content of this web site that is downloaded, copied, and/or printed. You may not distribute any downloaded, copied, and/or printed content to any other person unless the recipient has been given notice of and agrees to accept and abide by these terms and conditions.
3.DISCLAIMER OF WARRANTIES. THE CONTENT OF THIS WEB SITE MAY CONTAIN INACCURATE INFORMATION OR TYPOGRAPHICAL ERRORS AND MAY BE CORRECTED, CHANGED, OR UPDATED AT ANY TIME BY THE COMPANY WITHOUT NOTICE TO YOU. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THIS WEB SITE. THE CONTENT OF THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OF SERVICE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER DESTRUCTIVE ELEMENT, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE CONTENT OF THIS WEB SITE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
4. LIMITATION OF DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR OTHER DATA) THAT ARE RELATED TO THE USE, INABILITY TO USE, CONTENT, OR FUNCTION OF THIS WEB SITE, REGARDLESS OF THE COMPANY’S KNOWLEDGE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF DAMAGES IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEB SITE OR THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED U.S. DOLLARS ($100.00).
5. Privacy Policy. You may view our privacy policy at www.lacassemedia.com. Except as otherwise provided in our privacy policy, you agree that any information provided by you or individuals acting on your behalf will not be considered confidential or proprietary.
6.Links to Other Web Sites. The Company may provide links to third-party web sites of interest to you throughout this web site. You acknowledge that the Company has no control over third-party web sites and the Company is not directly or indirectly responsible or liable for the content, security, or privacy practices of, nor the actions of, the persons or entities which control such third-party web sites. The inclusion of any such link does not imply any endorsement by the Company of any third-party web site. If you decide to visit any third-party web site, you do so at your own risk and it is your responsibility to take all necessary protective measures to guard against viruses or other destructive elements.
7. Accuracy of Information You Submit. In order to use certain portions of this web site, you will be required to fill out forms online. You agree to provide current, complete, true, and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If the Company suspects that such information is not current, incomplete, untrue, or inaccurate, the Company may refuse you access to such portions of this web site and pursue any appropriate legal remedies.
8. Consent to Use of Electronic Mail. When you visit or use this web site, you consent to receive communications from the Company by electronic mail messages. You agree that all notices, agreements, and other communications which the Company provides to you electronically satisfy any applicable legal requirement that such communications be in writing.
9. Security and Encryption. Internet transmissions are never completely private or secure. You understand that any message or information you send to this web site may be read or intercepted by others.
10. Hacking and Viruses. You shall not violate or attempt to violate the security of this web site. Accordingly, you shall not access data or materials not intended for you, log into a server or account which you are not authorized to access, attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or attempt to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. The Company reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses and other destructive elements that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation which may be transferred to your computer via this web site.
11. Consent to Monitoring. The usage of and access to this web site is monitored. The Company may, for statistical and security purposes, monitor and log the URL which requests access to this website, the identification of the computer which originates the request, and the time of the request. Use of this web site constitutes consent to such monitoring.
12. Suspension or Termination of Web Site. The Company reserves the right, at any time and from time to time, to suspend or terminate all or any portion of this web site, including the availability of any features of the web site, and to suspend or terminate any one or more of the licenses or rights granted herein. The Company may also impose limits on certain features and services of or restrict your access to all or any portion of this web site without notice or liability.
13.Copyrights, Trade Names, and Trademarks. All of the content of this web site, including, without limitation, text, graphics, logos, button icons, images, and audio clips, are the property of the Company or its licensors and are protected by U.S. and international copyright, trademarks, and other proprietary rights and laws. “Chad Lacasse Associates” and “www.chadlacasse.com” are trademarks of the Company. The “look and feel” of this web site, including, without limitation, color combinations, button shapes, layout, and all other graphical and navigational elements, are trademarks and proprietary trade dress of the Company. This web site also contains other registered and common law trademarks and proprietary information and patents pending for the Company in addition to those listed above.
14. Limited License Regarding Links. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of the Company as part of the hyperlink without express written consent of the Company.
15. Framing and Meta Tags. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the authorization or license granted by the Company.
16. Amendment of Terms and Conditions. The Company reserves the right, at any time and from time to time, to amend these terms and conditions, in whole or in part, without notice to you. Amendments to these terms and conditions and such terms and conditions of sale will be effective when posted. You should periodically review these terms and conditions and such terms and conditions of sale. Your use of this web site after any such amendments have been posted will be deemed to constitute acceptance of those amendments.
17. Dispute Resolution. To the greatest extent permitted by applicable law, all disputes and controversies between you and the Company arising out of or in connection with this Agreement, or your visit to this web site shall be submitted first to negotiation and, if not resolved by negotiation, then to mediation, and, if not resolved by mediation, then to arbitration. All such negotiations and any mediation and arbitration proceedings shall be confidential and shall be conducted promptly after written notice provided via regular mail from either you or the Company requesting negotiations, mediation, or arbitration. An individual agreeable to both you and the Company having expertise in the resolution of disputes shall preside over any mediation or arbitration proceeding. Any decision rendered by a mediator shall be advisory only and shall not be final or binding. Any decision rendered by an arbitrator shall be final and binding and may be entered by any court of competent jurisdiction. All mediation and arbitration proceedings shall be conducted in Claremont, New Hampshire in accordance with the applicable rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Each party (you and the Company) will pay its own costs, including all attorneys’ fees, in relation to negotiations, mediation, or arbitration, but both parties (you and the Company) will equally split the costs and fees of obtaining the mediator or arbitrator. Notwithstanding the foregoing, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of the Company, the Company may seek injunctive or other appropriate relief in any state or federal court in the State of New Hampshire and you consent to exclusive jurisdiction of and venue in such courts in such proceeding.
18. Governing Law. This web site is administered through the Company’s offices located in the United States of America. The Company makes no representations as to the appropriateness or legality of the contents of this web site in other jurisdictions. If you access this web site outside of the United States, you are responsible for complying with all governing law. Any cause of action you may have against the Company with regard to this web site will be governed by the internal laws of the State of New Hampshire, without giving effect to conflicts of laws provisions.
19. Jurisdiction. Subject to your obligation to comply with the dispute resolution provisions of this Agreement, you hereby consent to the jurisdiction of the state or federal courts in and for the State of New Hampshire with regard to any legal proceeding related to this Agreement or this web site.
20. Waiver of Jury Trial. IN THE EVENT THAT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT ARE FOUND TO BE UNENFORCEABLE, THEN THE PARTIES HERETO HEREBY WAIVE A JURY TRIAL IN ANY LITIGATION WITH RESPECT TO THIS AGREEMENT.
21. Force Majeure. The Company will not be liable for any delay or failure in performance of this Agreement which result directly or indirectly from events which are beyond the reasonable control of the Company, including, without limitation, failures or outages with regard to the internet, computer equipment, telecommunication equipment, other equipment, or electrical power, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or any other event which is beyond the reasonable control of the Company.
22. Entire Agreement. These terms and conditions constitute the entire agreement between the Company and you with regard to your use of this web site.
23. Statute of Limitations. Any cause of action which you may have with respect to your use of this web site must be commenced within one (1) year after the claim or cause of action arises.
24. Severability. If any provision of these terms and conditions or any portion thereof is found or held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions and the remainder of these terms and conditions shall continue in full force and effect.
25. Headings. The headings of the sections of this Agreement are for convenience only and do not define, limit, or construe the contents thereof.
Additional Prospective and Dealer Terms and Conditions
Cagal, Tabletop Billboards – Dealer Terms and conditions of use.
Applicants that choose to pay for their Dealership with a personal check understand that their dealer materials will ship only after their check has cleared their financial institution (approx. 10 days) Checks returned for insufficient funds will be assessed a $35.00 fee and applicant must pay by certified check or money order.
1) Once I receive my dealership package I agree not to reproduce in whole or in part any of the components or processes of the dealership program. Neither will I hire nor assist any other person or entity to reproduce either whole or in part any component or process of said program, nor compete with CAGAL in any way for a period of 5 years from the date of receiving this agreement.
2) I understand by enrolling in this dealer program that I am buying a business opportunity and no earnings claims are guaranteed or represented. I understand that my income is and will be based solely on my own personal efforts.
3) The use of the name and logos and likenesses of CAGAL and TABLETOP BILLBOARDS is strictly prohibited and severely penalized under the copyright laws of the United States of America. Dealers must obtain written consent from CAGAL prior to any use of said likenesses outside of the sales materials that are received from CAGAL for the express use of sales generation. Upon purchase of dealer program and license, dealer is issued the right to use the Tabletop Billboards logo for the duration as long as the license is renewed on a monthly basis.
4) Any and all payments for services and products shall be made to dealer. Dealers are required to purchase services and products for Tabletop Billboards from CAGAL, failure to comply shall constitute a breach in this dealer contract with CAGAL and immediate termination can result and Dealer shall be liable for said monies. CAGAL shall be held harmless in producing services and products for customer, until payment is received from Dealer. Automatic monthly payments for dealer programs will continue indefinitely until dealership is revoked or cancelled.
5) Dealers agree to use the graphic design services and printing services of CAGAL while operating as an independent dealer for CAGAL. Failure to use CAGAL services will constitute a breach in our no compete clause and legal action may be taken. Dealers are permitted to design advertisements for their clients and earn the design fees, providing they are designed accord to the CAGAL standards, and all designs must be preapproved by CAGAL.
6) CAGAL reserves the right to revoke any independent dealers’ authorization and territory for non-performance. Starter Dealer Programs may be revoked if there is no activity for a period of (6) months from application date. Exclusive Dealer Programs may be revoked if there is no activity for a period of (6) months from application date. In either instance CAGAL reserves the right to claim payments received from Dealer as loss of business expense.
7) Cancellation of Annual Payments (Standard and Exclusive Dealerships) – Applicant/Dealer may elect to cancel their dealership at any time after the first year. If Dealer elects to cancel then dealer must return all unused materials, postage paid, to Cagal. Dealer must inform Cagal in writing of their election to cancel their dealership. All dealership fees paid to date will be applied to Cagal as loss of revenue.
8) Dealers that chose the Budget Program agree to be bound to the terms of the Budget Program. Terms are (12) equal payments of $129.00 recurring monthly for a period of 12 months. Budget Program is $1,548.00 per year and applicant agrees to make 12 monthly payments of $129.00. In the event applicant/dealer fails to pay any or all of the remaining balance within 12 months, Cagal is within it’s rights to pursue claim against applicant/dealer for the unpaid balance plus any court and/or attorney fees associated with the claim. Unpaid balances accrue a 1-1/2% interest per month on the unpaid balance. In the event of applicant/dealer default, they are still bound by this agreement in its entirety.
Any breach of agreement of the above stated articles could constitute legal action and dealer will be responsible for any attorney’s fees incurred by CAGAL. Dealer also understands that this agreement shall be governed by and interpreted according to the laws of the State of New Hampshire. In the event any provision in this dealer application shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
CONFIDENTIALITY, NON-DISCLOSURE, INVENTIONS & NON-COMPETE AGREEMENT
The undersigned is a potential/current employee, independent contractor, dealer or client (“undersigned”) of CAGAL, and its subsidiaries (“CAGAL”). This Agreement is intended to formalize in writing certain understandings and procedures that have been in effect since the undersigned was initially employed or engaged by CAGAL. In consideration of the undersigned’s original and continuing employment with or work for CAGAL in a capacity in which he or she may receive or contribute to the production of Confidential Information (as defined below), the undersigned agrees as follows.
1. For purposes of this Agreement, “Confidential Information” shall mean information or material proprietary to CAGAL or designated as Confidential Information by CAGAL and not generally known other than by CAGAL’ employees, dealers and independent contractors, which the undersigned receives, has knowledge of or access to, develops or creates through or as a result of the undersigned’s employment with or work for CAGAL. The Confidential Information includes, but is not limited to, the following types of information and other information of a similar nature (whether or not reduced to writing): discoveries, ideas, concepts, software in various stages of development, computer programs, designs, specifications, data, source code, object code, documentation, know-how, lists, pricing, methods, financial information, research, development, marketing and strategic matters, customer names and any other plans, procedures or matters that may come to the attention of the undersigned during the course of his or her employment with or work for CAGAL. Confidential Information also includes any information described above that CAGAL obtains from clients or other parties and which CAGAL treats as proprietary or designates as Confidential Information, whether or not owned or developed by CAGAL.
2. The undersigned agrees during his or her employment with or work for CAGAL and thereafter to hold in confidence and not to directly or indirectly reveal, report, publish, disclose or transfer any of the Confidential Information to any person or entity, or utilize any of the Confidential Information for any purpose, except in the course of the undersigned’s work for CAGAL.
3. All notes, data, reference materials, memoranda, documentation and records in any way in orating or reflecting any of the Confidential Information shall belong exclusively to CAGAL, and the undersigned agrees to turn over all copies of such materials in the undersigned’s control to CAGAL upon request or upon termination of the undersigned’s employment with or work for CAGAL.
4. The undersigned agrees that any inventions or ideas in whole or in part conceived or made by the undersigned during or after the term of his or her employment with or work for CAGAL that are made through the use of any of the Confidential Information or any of CAGAL’s equipment, facilities, trade secrets or time, or which result from any work performed by the undersigned for CAGAL, shall belong exclusively to CAGAL and shall be deemed part of the Confidential Information for purposes of this Agreement.
The undersigned also acknowledges that, by virtue of employment by CAGAL, the undersigned will gain knowledge of the identity, characteristics and preferences of its customers, among other Confidential Information, and that the undersigned would inevitably have to draw on such Confidential Information if the undersigned were to (I) solicit or service CAGAL clients or customers on behalf of a competing business enterprise, or (II) perform services for a competing business enterprise. Accordingly, the undersigned agrees that for twenty four months following the termination for any reason whatsoever of the undersigned’s employment with CAGAL (whether by CAGAL or the undersigned and whether with or without cause), the undersigned will not (I) solicit the business of or perform any services for actual or prospective customers of CAGAL as to whom the undersigned had access to Confidential Information during the course of employment with CAGAL, and (II) perform services for a competing business enterprise. The undersigned also agrees that, during this sixty month period, he or she will not encourage or assist any person or entity in competition with CAGAL to solicit or service any actual or prospective customer of CAGAL covered by this Section.
5. Because of the unique nature of the Confidential Information, the undersigned understands and agrees that CAGAL has a compelling business interest in preventing the use or disclosure of its Confidential Information and CAGAL will suffer irreparable harm in the event that the undersigned fails to comply with any of his or her obligations under Section 2, 3, 4 or 5 above and that monetary damages will be inadequate to compensate CAGAL for such breach. Accordingly, the undersigned agrees that CAGAL will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief to enforce the terms of Sections 2, 3, 4 or 5.
6. If any provision of this Agreement is held to be unenforceable by a court, the remaining provisions shall be enforced to the maximum extent possible. If a court should determine that any provision of this Agreement is overbroad or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable.
7. This Agreement shall be governed by New Hampshire law without reference to its choice of law rules. This Agreement contains the full and complete understanding of the parties with respect to the subject matter hereof and supersedes all prior representations and understandings, whether oral or written.
I authorize CAGAL at it’s discretion, to verify the information provided on this form including credit, references and criminal background checks.