These Terms & Conditions (“Terms”) constitute a binding agreement between you (“you” or “your”) and Cashmere (“Cashmere,” “we,” “us,” or “our”). By accessing or using Cashmere's websites, applications, membership services, events, or related services (collectively, the “Services”), creating an account, submitting an application, purchasing a membership or event ticket, or otherwise indicating acceptance, you agree to these Terms.
Cashmere's Membership Terms, Community Guidelines, Privacy Policy, and applicable transaction- or event-specific terms are incorporated as applicable. Non-waivable applicable law controls to the extent of any conflict.
1. Eligibility and Accounts
You must satisfy eligibility requirements applicable to the Service used. Cashmere membership is intended for adults age eighteen (18) or older. Particular events or activities may be restricted to persons age twenty-one (21) or older or subject to additional eligibility requirements.
You agree to provide accurate, current, and complete information. You may not impersonate another person, create an account for another person without authorization, transfer or share an account, or permit another person to use your credentials to access member-only portions of the Services.
2. Applications, Admission, and Membership
Cashmere is an application-based private membership community. Submission of an application does not guarantee admission. Cashmere may accept, waitlist, decline, suspend, restrict, decline to renew, or terminate membership as permitted by applicable law and Cashmere's applicable policies.
Paid memberships are additionally governed by the Membership Terms, including provisions concerning renewal, cancellation, refunds, Membership Protection, Membership Hold, events, Member Collection benefits, chapter transfers, suspension, and termination.
3. No Criminal Background Checks or Safety Guarantee
Cashmere may use application review, identity or media verification, member-provided information, safety reports, moderation, and other trust and safety measures. Such measures are not criminal background checks and may be incomplete or unable to detect false, omitted, outdated, or misleading information.
Verification, acceptance, continued membership, or a verification indicator is not a representation, certification, endorsement, or guarantee regarding a person's identity, history, honesty, relationship status, intentions, conduct, compatibility, character, or safety. You are responsible for exercising your own judgment and reasonable precautions.
4. Member Conduct and Interactions
You are responsible for your interactions and decisions concerning other Members and persons encountered through the Services. Cashmere does not control and cannot guarantee the conduct of any Member before, during, or after an interaction.
To the maximum extent permitted by law, Cashmere is not responsible for disputes or conduct between Members occurring through the application, at an event, on a date, at a private residence, through another communication service, or elsewhere merely because the parties originally encountered one another through Cashmere.
Cashmere may receive reports, review information, restrict access, investigate matters for membership purposes, cooperate with lawful authorities, or take other action it considers appropriate. Such action does not create a duty to monitor all conduct, investigate every allegation, prevent misconduct, or guarantee safety.
5. Assumption of Risk
You acknowledge that meeting people and participating in social, recreational, physical, travel-related, pool, fitness, dance, nightlife, alcohol-related, and other activities involves inherent and sometimes unpredictable risks. You voluntarily choose whether to participate and are responsible for evaluating your own condition, abilities, transportation, alcohol consumption, surroundings, and personal safety. Nothing in these Terms excludes liability that cannot lawfully be excluded.
6. Third-Party Venues, Vendors, and Service Providers
Cashmere may use restaurants, bars, hotels, event venues, property owners, instructors, transportation providers, photographers, entertainers, payment processors, technology providers, suppliers, and other independent third parties. Unless expressly stated otherwise, such parties are independent providers and not employees, agents, partners, or representatives of Cashmere.
To the maximum extent permitted by law, Cashmere is not responsible for a third party's independent acts, omissions, cancellations, products, services, policies, or property conditions merely because Cashmere arranged, promoted, facilitated, or participated in an event or transaction involving that party.
7. User Content and License
You retain ownership of photographs, videos, profile information, written material, and other content you submit (“User Content”), subject to rights granted herein.
You grant Cashmere a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, process, format, resize, transcode, moderate, and otherwise use User Content as reasonably necessary to operate, secure, improve, administer, and provide the Services and enforce applicable policies.
This operational license does not, by itself, authorize Cashmere to use your profile photographs or introduction video in public advertising or marketing unrelated to ordinary operation of the Services. Separate permission will be obtained where required.
You represent that you have the rights necessary to submit your User Content and grant this license.
8. Content Moderation and Removal
Cashmere may, but is not obligated to, review, moderate, restrict, remove, preserve, or disclose User Content as reasonably necessary to operate the Services, enforce policies, respond to reports, protect persons or property, comply with law or lawful process, or address content Cashmere reasonably believes is unlawful, infringing, fraudulent, threatening, abusive, obscene, deceptive, or otherwise inappropriate.
Cashmere has no obligation to proactively monitor every profile, message, image, video, communication, or other item of User Content.
9. Cashmere Intellectual Property
The Services and Cashmere-owned names, trademarks, logos, software, interfaces, designs, layouts, graphics, text, event materials, proprietary features, databases, compilations, and original content are owned by or licensed to Cashmere and protected by applicable law.
Subject to these Terms, Cashmere grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Services for personal, noncommercial purposes. No ownership interest is transferred.
10. Prohibited Uses
You may not, except where applicable law prohibits such restriction:
- copy, reproduce, distribute, sell, license, or commercially exploit the Services or proprietary content;
- scrape, crawl, harvest, index, systematically collect, or create databases from Member profiles, Member information, or nonpublic Services;
- reverse engineer, decompile, disassemble, bypass, defeat, or interfere with technical or security measures;
- use bots, automated scripts, or unauthorized software to access or interact with the Services;
- use the Services for fraud, impersonation, harassment, unlawful activity, unauthorized commercial solicitation, or conduct prohibited by the Community Guidelines; or
- attempt unauthorized access to accounts, systems, data, or restricted areas.
11. Feedback and Suggestions
If you voluntarily provide ideas, suggestions, proposals, feature requests, or other feedback, Cashmere may use, develop, disclose, commercialize, or otherwise act upon that feedback without compensation, attribution, restriction, or obligation to you. This does not transfer ownership of unrelated User Content.
12. Electronic Communications
You consent to receive agreements, disclosures, receipts, transactional communications, membership and renewal notices, policy updates, safety or account notices, and other legally permissible communications electronically, including by email, in-app communication, or posting through the Services, subject to applicable law.
Agreement to these Terms does not, by itself, constitute consent to promotional text messages where separate consent is legally required. Marketing communications remain subject to applicable consent and unsubscribe requirements.
13. Service Availability and Technical Changes
Cashmere does not warrant that the Services will be uninterrupted, continuously available, secure, or error-free. Cashmere may perform maintenance and add, remove, modify, suspend, replace, or discontinue features or technical functionality. Outages, latency, data transmission failures, device incompatibilities, third-party failures, maintenance, cybersecurity incidents, and other interruptions may occur.
14. Account Security
You are responsible for maintaining the confidentiality and security of your credentials and taking reasonable measures to protect your account and devices. You must promptly notify Cashmere if you know or reasonably suspect unauthorized access or use.
You may not share your account, credentials, membership card, access code, or other authentication method or permit another person to browse or use member-only Services through your account.
15. Account Closure and Record Retention
Closing or deleting an account does not necessarily require immediate deletion of every associated record. Subject to applicable law and the Privacy Policy, Cashmere may retain information reasonably necessary for legal compliance, accounting and financial records, fraud prevention, safety, security, enforcement, dispute resolution, defense of legal claims, prior membership or admissions history, and protection of Cashmere, Members, venues, or others.
16. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CASHMERE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.
CASHMERE DOES NOT WARRANT OR GUARANTEE THE IDENTITY, BACKGROUND, HISTORY, HONESTY, INTENTIONS, CONDUCT, COMPATIBILITY, SAFETY, OR RELATIONSHIP STATUS OF ANY MEMBER; ANY PARTICULAR MATCH, DATE, RELATIONSHIP, SOCIAL OR ROMANTIC RESULT; OR CONTINUOUS AVAILABILITY OF ANY EVENT, CHAPTER, MEMBER, FEATURE, BENEFIT, OR SERVICE.
Any exclusion applies only to the extent permitted by applicable law.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASHMERE AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, DATA, GOODWILL, OR SIMILAR LOSSES ARISING OUT OF OR RELATING TO THE SERVICES, EVENTS, MEMBER INTERACTIONS, OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASHMERE'S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO CASHMERE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
These limitations do not apply to liability that cannot lawfully be excluded or limited.
18. Indemnification
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Cashmere and its owners, affiliates, officers, directors, employees, contractors, and agents from third-party claims, liabilities, damages, losses, judgments, costs, and reasonable attorneys' fees arising from your User Content, unlawful or wrongful conduct, material violation of these Terms or applicable policies, or infringement or violation of another person's rights.
19. Mandatory Informal Dispute Resolution
Before commencing arbitration concerning a dispute arising out of or relating to these Terms or the Services, the asserting party must provide written Notice of Dispute describing the claimant, the nature and factual basis of the dispute, and relief requested. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after receipt of sufficient notice.
This requirement does not prevent pursuit of eligible individual small claims matters or emergency relief where delay would cause irreparable harm.
20. Binding Individual Arbitration
Except for matters expressly excluded herein or claims that applicable law does not permit to be arbitrated, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, membership, events, or the relationship between you and Cashmere that is not resolved through the required informal process will be resolved by binding arbitration on an individual basis rather than in court.
This arbitration agreement is intended to be interpreted broadly and is governed by the Federal Arbitration Act to the extent applicable. The arbitrator may award individual remedies otherwise available in a court of competent jurisdiction, subject to these Terms and applicable law.
Before Cashmere relies on this arbitration provision for production use, the applicable arbitration administrator, procedural rules, filing and fee provisions, and any required opt-out procedure must be identified in the version presented to users.
21. Class and Representative Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CASHMERE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.
UNLESS BOTH PARTIES EXPRESSLY AGREE OTHERWISE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY REPRESENTATIVE, CLASS, COLLECTIVE, OR MASS PROCEEDING.
22. Small Claims Court Exception
Either party may bring an eligible individual claim in a small claims court of competent jurisdiction, provided it remains individual and within that court's jurisdiction. If it proceeds outside small claims jurisdiction, either party may invoke arbitration to the extent permitted by law.
23. Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DISPUTE THAT PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND CASHMERE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.
24. Governing Law
Except to the extent preempted by federal law or otherwise required by non-waivable law, these Terms and disputes arising out of or relating to them are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles.
Nothing herein deprives a consumer of protections of the consumer's jurisdiction that cannot lawfully be waived.
25. Changes to the Services and These Terms; Suspension and Termination
Cashmere may modify, suspend, replace, or discontinue Services, features, chapters, benefits, or programs as provided herein and in applicable Membership Terms. Cashmere may update these Terms from time to time. The effective date above identifies the version then in effect. Where law requires advance notice or affirmative consent to a material change, Cashmere will comply.
Cashmere may restrict, suspend, or terminate access for violations of these Terms, applicable policies, unlawful activity, fraud, abuse, safety concerns, nonpayment, or other grounds permitted by applicable law or Cashmere's applicable policies.
26. General Provisions
26.1 Entire Agreement.
These Terms, together with incorporated policies and applicable additional terms, constitute the agreement concerning the subject matter they address.
26.2 Severability.
If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and remaining provisions will remain in effect, except where applicable law requires a different result for arbitration or class-action provisions.
26.3 No Waiver.
Failure to enforce a provision in one circumstance does not waive later enforcement. A voluntary exception, credit, accommodation, or exercise of discretion creates no continuing obligation or precedent.
26.4 Assignment.
You may not assign these Terms without Cashmere's prior written consent. Cashmere may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or other lawful business transaction, subject to applicable law.
26.5 Headings.
Headings are for convenience and do not limit meaning.
26.6 Survival.
Provisions that by their nature should survive termination or account closure—including intellectual property, retained records, disclaimers, limitations of liability, indemnification, dispute provisions, and general contractual provisions—survive to the extent applicable.