Terms and Conditions
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.
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.
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
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
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.
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.
Cavaliers Operating Company, LLC
1 Center Court
Cleveland, Ohio 44115
Phone: (800) 820-CAVS