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.
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.
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.
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.
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.
Cavaliers Operating Company, LLC
1 Center Court
Cleveland, Ohio 44115
E-mail: [email protected]
Phone: (800) 820-CAVS
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