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Cavalier Equipment Corporation
is the sole owner of this website and the following trademark/logo used
within this site:
LEGAL INFORMATION
CAVALIER EQUIPMENT
CORPORATION PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR
COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE
READ THE FOLLOWING INFORMATION CAREFULLY:
COPYRIGHT
INFORMATION
Copyright 2004
Cavalier Equipment Corporation. All Rights Reserved.
All pages within
this Internet site ("Site") are the property of Cavalier Equipment
Corporation. Permission (which may be revoked at any time) is
granted to download the material in this Site without alterations
and for private and non-commercial use only so long as the following
copyright notice is included:
Copyright 2004
Cavalier Equipment Corporation. All Rights Reserved.
TRADEMARK NOTICE
The "www.cavalierequip.com"
logo is a trademark and service mark of Cavalier Equipment
Corporation. All other trademarks, service marks and logos used in
this Site are the trademarks, service marks or logos of their
respective owners.
WARRANTY
INFORMATION
THIS SITE,
INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY
SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR
PURCHASED THROUGH THE SITE, OR ANY SOFTWARE DOWNLOADED FROM THE
SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY
THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES
DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR
MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY Cavalier
Equipment Corporation. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE
SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND
SITE-RELATED SERVICES.
NEITHER CAVALIER
EQUIPMENT CORPORATION, NOR ITS SPONSORS ARE RESPONSIBLE OR LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION
CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION
CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE
SERVICES.
A possibility
exists that the Site could include inaccuracies or errors.
Additionally, a possibility exists that unauthorized additions,
deletions and alterations could be made by third parties to the
Site. Although Cavalier Equipment Corporation attempts to ensure the
integrity and the accurateness of the Site, it makes no guarantees
whatsoever as to the correctness or accuracy of the Site. In the
event that such an inaccuracy arises,
please inform us here
so that it can be corrected.
ACKNOWLEDGMENT
This Site may
contain links to other Web sites operated by third parties ("Linked
Sites"). You acknowledge that, when you click on a link to visit a
Linked Site, a frame may appear that contains the "www.cavalierequip.com"
logo, advertisements and/or other content selected by Cavalier
Equipment Corporation. You acknowledge that Cavalier Equipment
Corporation and its sponsors neither endorse nor are affiliated with
the Linked Site and are not responsible for any content that appears
on the Linked Site. You also acknowledge that the owner of the
Linked Site neither endorses nor is affiliated with Cavalier
Equipment Corporation and its sponsors.
VOID WHERE
PROHIBITED
Although the Site
is accessible worldwide, not all products or services discussed or
referenced in the Site are available to all persons or in all
geographic locations or jurisdictions. Cavalier Equipment
Corporation reserves the right to limit the provision of any product
or service to any person, geographic area or jurisdiction it so
desires. You agree to indemnify, defend and hold harmless Cavalier
Equipment Corporation and its sponsors against any and all claims,
damages, costs or other expenses that arise directly or indirectly
out of or from (a) your breach of this Agreement, (b) your violation
of the Code of Conduct and/or (c) your activities in connection with
the Site or Site-related services.
CODE OF CONDUCT
-
While using
the Site or Site-related services, you agree not to:
Restrict or inhibit any other user from using and enjoying the
Site and services;
-
Post or
transmit any unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable or
harmful information of any kind;
-
Post or
transmit any information or software that contains a virus,
worm, trojan horse or other harmful or disruptive component; or
-
Post or
transmit materials in violation of another party's copyright or
intellectual property rights.
Cavalier Equipment
Corporation has no obligation to monitor the Site or Site-related
services. However, you acknowledge and agree that Cavalier Equipment
Corporation has the right to monitor the Site and Site-related
services and to disclose any information necessary to operate the
Site properly, to protect itself and its sponsors and customers and
to comply with legal obligations or governmental requests. Cavalier
Equipment Corporation reserves the right to refuse to post or to
remove any information or materials, in whole or in part, that are
unacceptable, offensive or in violation of this Agreement. Cavalier
Equipment Corporation also reserves the right to prohibit any user
who, at Cavalier Equipment Corporation's sole discretion, violates
the Code of Conduct or other terms of this Agreement from using the
Site and related services. Such prohibition may occur without notice
to the user.
You agree to
indemnify, defend and hold harmless Cavalier Equipment Corporation
and its sponsors against any and all claims, damages, costs or other
expenses that arise directly or indirectly out of or from (a) your
breach of this Agreement, (b) your violation of the Code of Conduct
and/or (c) your activities in connection with the Site or
Site-related services.
RESTRICTED
RIGHTS LEGEND
Use, duplication or
disclosure by the Government is subject to the restriction as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as
applicable. Supplier is Cavalier Equipment Corporation, 1975 Lee
Highway, Cloverdale, Va. 24077.
MAKING PURCHASES
If you wish to
license or make purchases of products or services described on the
Site, you may be asked by the applicable merchant or service
provider to supply certain information, including but not limited to
credit card or other payment information. You agree that all
information that you provide to any such merchant or service
provider will be accurate, complete and current. You agree to pay
all charges incurred by users of your account and credit card or
other payment mechanism at the prices in effect when such charges
are incurred. You will also be responsible for paying any applicable
taxes relating to your purchases. Moreover, you agree to review and
to comply with the terms and conditions of any specific agreement
that you enter into with the merchant and/or service provider in
connection with the licensing or purchase of any product or service.
LINK SUBMISSIONS
You acknowledge and
agree that, by submitting any link or other materials ("Content") to
Cavalier Equipment Corporation, you grant to Cavalier Equipment
Corporation a nonexclusive, worldwide license to link to, reproduce,
distribute, adapt, perform, display and sublicense the submitted
Content. Further, by submitting Content to Cavalier Equipment
Corporation, you acknowledge that you have the authority to grant
such rights to Cavalier Equipment Corporation. PLEASE NOTE THAT YOU
RETAIN OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT YOU SUBMIT.
MISCELLANEOUS
This Agreement is
entered into in the Commonwealth of Virginia and shall be governed
by and construed in accordance with the laws of the Commonwealth of
Virginia, exclusive of its choice of law rules. Each party to this
Agreement hereby submits to the exclusive jurisdiction of the state
and federal courts sitting in the County of Roanoke in the State of
Virginia, and waives any jurisdictional, venue or inconvenient forum
objections to such courts. In any action to enforce this Agreement,
the prevailing party will be entitled to costs and attorneys' fees.
In the event that any of the provisions of this Agreement shall be
held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable.
This Agreement
constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof, and any and all written or
oral agreements heretofore existing between the parties hereto are
expressly canceled. This Agreement may be supplemented or modified
by any license or other agreement used in connection with any
software or other product that you download, license or purchase
through this Site ("Other Agreements"). Except with respect to such
Other Agreements, any modifications of this Agreement must be in
writing and signed by both parties hereto, except that Cavalier
Equipment Corporation may modify the terms of this Agreement by
sending notice to you via e-mail (at the most current e-mail address
for you in Cavalier Equipment Corporation's records) fourteen (14)
days in advance of the date on which such modification takes effect
or by posting notice of such modification on a page of the Site
entitled "Terms and Conditions" at least fourteen (14) days before
the modification takes effect.
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