The Cavaliers Operating Company Website Terms of Use

Thank you for visiting our Website! For your protection, we would like to inform you of the terms and conditions of using our Website (the "Terms of Use"). We reserve the right to update or change the Terms of Use at any time and for any reason. By using our site, you agree to be bound by these Terms of Use and any subsequent revisions to the 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. A link to our Privacy Policy is located at the bottom of this page.

Cavaliers Operating Company, LLC ("Company") maintains this Website (the "Site") so that you can identify when our entertainment events take place, for your personal entertainment, to shop for our merchandise, to purchase tickets, and to root on your favorite sports team. Please feel free to browse this Site. Your access and use of this Site is subject to the following Terms of Use ("Terms of Use ") and all applicable laws. By accessing and browsing this 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Terms of Use and acknowledge that any other prior agreements between you and Company regarding the use of the Site are superseded and of no force or effect.

Terms of Use

1. 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 this 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 this 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 this 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 this 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 this Site. Company does not represent or warrant to you that your use of materials displayed on this Site will not infringe the rights of other third parties who are not owned by or otherwise affiliated with Company.

2. 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 this 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.

3. Site Security. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (b) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (c) forging any TCP/IP packet header or any part of the header information in any e-mail or posting, and (d) 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.

4. Disclaimer of Accuracy; Changes to Site. While Company uses reasonable efforts to include accurate and up-to-date information on this Site, Company makes no warranties or representations as to its accuracy. Company assumes no liability or responsibility for any errors or omissions in the content on this Site.

5. Products and Product Information. Prices posted on this Site are quoted in U.S. dollars only. In addition, there may be errors or inaccuracies on this Site relating to products, product descriptions, pricing, terms and conditions of sale, shipping and delivery time or product availability. Company reserves the right to change, correct or update such product information at any time, even after you have placed your order. In the event of a product pricing error, Company will notify you and will wait for your final approval of the corrected pricing before completing your order.

6. Disclaimer or Use; Limitation of Liability. Your use and browsing of this Site is at your own risk. Neither Company nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, use of or inability to use this Site. Without limiting the foregoing, everything on this 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 this Site or your downloading of any materials, data, text, images, video, or audio from this Site. We do not warrant that the Site or its servers are free of viruses and other harmful components.

7. 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.

8. User Provided Information and Communication. You should not send confidential or protected information or creative materials to us via this 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 this 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 this 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 this 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. Notwithstanding the foregoing, intellectual property and other rights in material, including portfolios, provided through this Site in connection with job applications shall not transfer to Company and shall remain the property of the user or other owner.

9. Copyright Protection and Enforcement. Images of people, places or things displayed on this 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 this Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

10. Trademark; Service Mark and Trade Name Protection and Enforcement. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this 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 this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the express written permission of Company or such third party that may own the Trademarks displayed on this Site. Your misuse of the Trademarks displayed on this Site, or any other content on this 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.

11. Third-Party, Off-Site Links. Company has not reviewed all of the sites linked to this Site and is not responsible for the contents of any off-site pages or any other sites linked to this Site. Your linking to any other off-site pages or other sites is at your own risk. Inclusion of these links into this 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 this 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 this Site without the written permission of Company, even if the page where the link originates does not promote a product, brand or service.

12. Your Account. As a condition to your continued access to and use of this Site, you agree: (a) you will protect your username and password; (b) you will assume full responsibility and liability for all Site activity under your account; (c) the Company products for sale on this Site are for purchase by adults ages 18 and over; and (d) Company reserves the right and you hereby acknowledge its right to cancel your account or block or otherwise prevent your future access to or use of this Site. Any Team Shop Site that allows you to order products are also subject to the terms and conditions posted in the Customer services section of the Team Shop Store.

13. Indemnification. You agree to indemnify, defend and hold harmless Company and all of its officers, directors, shareholders, employees, agents and other representatives (collectively, the "Indemnitees") from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) incurred by the Indemnitees arising out of, or relating to your use of or conduct on the Site, your violation or breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

14. U.S. Law. Company controls and operates this Site from its headquarters in 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 this 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 this Site in violation of U.S. export laws and regulations.

15. 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.

16. 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.

17. 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: [email protected]
Phone: (800) 820-CAVS

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