Terms and Conditions
Thank you for visiting the CL3 Alliance website! For your protection, Cavaliers Operating Company, LLC, Cleveland Indians Baseball Company, LLC, Cleveland Browns Football Company LLC, and their parents, affiliates, and subsidiaries (collectively, the “Company”, “we”, “us”, or “our”) would like to inform you of the terms and conditions of using our website (these “Terms of Use”). We reserve the right to update or change these Terms of Use at any time and for any reason. By using the CL3 Alliance website, you agree to be bound by these Terms of Use and any subsequent revisions to these Terms of Use. The date of the last update to these Terms of Use is stated at the top of this page. For your protection, and because we value your privacy, we recommend you read our Privacy Policy. It is understood that information transmitted over the Internet is never completely secure and unless you receive an encryption message or notice, such information may be intercepted by others.
The Company maintains the CL3 Alliance website (the “Site”). Please feel free to browse the Site. Your access and use of the Site is subject to these Terms of Use and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other prior agreements between you and Company regarding the use of the Site are superseded and of no force or effect.
Site Use and Protections
Company grants you a non-exclusive, non-transferable, non-assignable limited right to access, download, display, print and use the content and functionality visibly displayed on the Site (the “Site Content”) on any single computer or mobile device solely for your own personal, internal, private, non-commercial use, provided that you do not modify the Site Content in any way and that you also retain the copyright and other proprietary notices contained on or displayed with the Site Content. You may not, however, distribute, modify, broadcast, transmit, reuse, report, or otherwise use the Site Content for commercial purposes, or copy or post the material displayed on the Site on any network computer or server, including the text, images, audio, and video, without Company’s express written permission. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Site Content solely for your own noncommercial use, or to place an order with us. Any other use of Site Content, including the modification, reproduction, distribution, republication, display or transmission of any Site Content, without our prior written permission is strictly prohibited. Any unauthorized use of the Site will terminate your limited right immediately and you will be responsible for any violation of law, including any trademark, trade name or copyright laws that may result. You should assume that everything you see or read on the Site, including the “look” and “feel”, is protected unless otherwise noted and may not be used except as provided in these Terms and Use or in the text on the Site without the express written permission of Company. Company shall retain the exclusive right, title and interest in and to any material you see, read, experience or download from the Site. Company does not represent or warrant to you that your use of materials displayed on the Site will not infringe the rights of other third parties who are not owned by or otherwise affiliated with Company.
Revisions to Terms of Use
Company reserves the right to update and revise these Terms of Use at any time without notice. You are bound by any such revisions and changes and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. Your continued use of the Site shall be your unqualified acceptance of any such revisions, changes or any new information provided therein. No waiver of these Terms of Use shall be valid unless signed in writing by Company’s authorized representative.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (ii) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (iii) forging any TCP/IP packet header or any part of the header information in any e-mail or posting, and (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, “flooding”, “spamming”, “mailbombing”, or “crashing”. Violations of system and network security may result in civil or criminal liability.
Disclaimer of Accuracy; Changes to Site
While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to its accuracy. The company assumes no liability or responsibility for any errors or omissions in the content on the Site.
Products/Services Information Errors/Inaccuracies
There may be errors or inaccuracies on the Site relating to products, services, and descriptions thereof. Company reserves the right to change, correct or update such product or service information at any time.
Disclaimer of Use; Limitation of Liability
Your use and browsing of the Site is at your own risk. Neither Company nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, use of or inability to use the Site. Without limiting the foregoing, everything on the Site and its functionality, except as expressly stated on the Site, is provided to you “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Except as otherwise expressly stated on the Site, we also make no representations or warranties of any kind as to an uninterrupted, error-free, or secure use of the Site, including, without limitation, that the Site will operate, that defects on the Site will be corrected, or that any of the information, content, pictures, materials, services, or products included or listed on the Site are accurate, reliable or complete. Company does not assume responsibility or liability, and shall not be responsible or liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not warrant that the Site or its servers are free of viruses and other harmful components.
Damages
Company, its affiliated entities and its owners shall not be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability, arising out of, in connection with, related to, or resulting from your use of or inability to use the Site, Site Content, or any products advertised or mentioned on the Site.
User Provided Information and Communication
You should not send confidential or protected information or creative materials to us via the Site that you do not want to become the exclusive property of Company. Except as otherwise provided herein or in our Privacy Policy, any communication or material you transmit or post to the Site, including any data, questions, comments, notes, suggestions, submissions, or the like is, and will be treated as, non-confidential, non-proprietary and unprotected information. Except as otherwise provided herein or in our Privacy Policy, anything you voluntarily transmit or post to the Site shall be deemed to have been assigned to Company, shall remain the exclusive property of Company and may be used anywhere and in any medium, without compensation to you, by Company or its affiliates, for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, licensing and posting. Furthermore, Company is free to use, without compensation to you, any ideas, concepts, know-how, techniques or other intellectual property contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information and Company shall retain all intellectual property rights therein.
Copyright Protection and Enforcement
Images of people, places or things displayed on the Site are either the property of, or used with permission by, Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Use or by other specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark; Service Mark and Trade Name Protection and Enforcement
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of Company and others. In addition, page headers, graphics, icons and scripts are service marks and protected intellectual property of the Company and may not be copied, used or imitated without prior written consent of Company. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the express written permission of Company or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Third-Party; Off-Site Links
Company has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. Inclusion of these links into the Site does not imply an affiliation or partnership between Company and the off-site third party. Any questions or concerns you have about the content or services of any off-site page should be directed to the owner of the off-site pages. These Terms of Use do not apply once you have left the Site. You should review the terms of use or conditions of any off-site page you enter.
On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product or brand may not link to the Site without the written permission of Company, even if the page where the link originates does not promote a product, brand or service.
As a condition to your continued access to and use of the Site, you agree: (i) you will assume full responsibility and liability for all your Site activity; (ii) any Company products or services for sale on the Site are for purchase by adults ages 18 and over; and (iii) Company reserves the right and you hereby acknowledge its right to prevent your future access to or use of the Site.
Indemnification
You hereby agree to indemnify and hold Company, its parent and affiliates, the National Basketball Association and its member teams, Major League Baseball and its member teams, the National Football League and its member teams, and each of their respective general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, vendors and business partners (collectively, the “Indemnitees”), harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Site; and (ii) any breach or alleged breach by you of these Terms of Use.
U.S. Law
Company controls and operates the Site from Cleveland, Ohio, in the United States of America. Company in no way implies or represents that the Site or the materials on the Site, including, without limitation, the products or services advertised or mentioned on the Site, are appropriate or available for use outside of the United States. If you use the Site from locations outside of the United States, you do so at your own risk and are responsible for compliance with any applicable local laws. You agree that you will not access the Site from any territory in which its contents are illegal. In addition, you may not use or export the materials or products available from the Site in violation of U.S. export laws and regulations.
Governing Law
These Terms of Use are governed by the laws of the State of Ohio without regard to the choice of laws or conflict of laws or principles thereof. Any claim, lawsuit, or other action relating to or arising out of the Site, its use, or these terms of Use, shall be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio.
Severability
If any provision of these Terms of Use is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use shall not be affected thereby, and each of the remaining provisions shall be valid and be enforced to the fullest extent permitted by law.
If you have any questions about these Terms of Use, please contact us at:
Mail:
Customer Service
Cavaliers Operating Company, LLC
1 Center Court
Cleveland, Ohio 44115
E-mail: contactus@cavs.com
Phone: (800) 820-CAVS