Cavalier Telephone, LLC and its affiliates (collectively “Cavalier Telephone”) provide their services to you subject to the following conditions. By using this site in any way, you signify your agreement to all terms, conditions, and notices contained or referenced herein, which we may update from time to time without notice (the “Conditions of Use”). Please read them carefully. If you do not agree to these Conditions of Use, please do not use this site. If you visit the Cavalier Telephone website, you accept these conditions. We reserve the right, at our discretion, to update or revise these Conditions of Use. All amended Conditions of Use shall automatically be effective when they are initially posted on this site. Please check the Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Conditions of Use constitutes acceptance of these changes regardless of whether you have checked or visited the Conditions of Use. Certain services available through our site, especially services for which you are asked to subscribe or pay money, may have their own additional terms and conditions that will apply to your purchase or use of that particular service and which will control in the event of any conflict with these Conditions of Use. These Conditions of Use govern the use of our site by viewers and other users (visitors); if we have entered into a separate contract with a party for the insertion or other placement of content, advertising or other materials on any of our sites, then the terms of such separate agreements will govern our relationship with such parties.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Cavalier Telephone website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Cavalier Telephone or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cavalier Telephone or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Cavalier Telephone and protected by U.S. and international copyright laws. All software used on this site is the property of Cavalier Telephone or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Cavalier Telephone and other marks indicated on our site are registered trademarks of Cavalier Telephone in the United States and other countries. Cavalier Telephone and other Cavalier Telephone graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Cavalier Telephone. Cavalier Telephone’s trademarks and trade dress may not be used in connection with any product or service that is not Cavalier Telephone’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cavalier Telephone. All other trademarks not owned by Cavalier Telephone that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cavalier Telephone.
LICENSE AND SITE ACCESS
Cavalier Telephone grants you a limited non-exclusive license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cavalier Telephone. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cavalier Telephone. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cavalier Telephone and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Cavalier Telephone’s name or trademarks without the express written consent of Cavalier Telephone. Any unauthorized use terminates the permission or license granted by Cavalier Telephone. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Cavalier Telephone so long as the link does not portray Cavalier Telephone, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cavalier Telephone logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
Whenever you provide us information on our site, you agree to: (a) provide true, accurate, current and complete information, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Cavalier Telephone or its third party suppliers may suspend or terminate your access to our site and refuse any and all current or future use of our site (or any portion thereof).
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to (a) immediately notify Cavalier Telephone of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Cavalier Telephone cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
COPYRIGHT COMPLAINTS
Cavalier Telephone and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CAVALIER TELEPHONE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAVALIER TELEPHONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CAVALIER TELEPHONE MAKES NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAVALIER TELEPHONE OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED VIA OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
MATERIAL ON OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY INCORPORATED INTO THIS MATERIAL. CAVALIER TELEPHONE MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED IN THESE MATERIALS AT ANY TIME WITHOUT NOTICE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAVALIER TELEPHONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAVALIER TELEPHONE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CAVALIER TELEPHONE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAVALIER TELEPHONE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAVALIER TELEPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
Upon a request by Cavalier Telephone, you agree to defend, indemnify, and hold harmless Cavalier Telephone and its affiliates and affiliated companies, and their employees, contractors, officers and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. Cavalier Telephone reserves the right, at it’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with Cavalier Telephone in asserting any available defenses.
INTERNATIONAL USE
Cavalier Telephone makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
APPLICABLE LAW
By visiting Cavalier Telephone’s website, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Talk or its affiliates. You and Cavalier Telephone agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Richmond, Virginia or Norfolk, Virginia. The failure of Cavalier Telephone to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the terms of the Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever banned.
The Section titles in the Conditions of Use are for convenience only and have no legal or contractual effect.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to Cavalier Telephone’s website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without notice. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Cavalier Telephone with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Cavalier Telephone with respect to this site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TERMINATION
Cavalier Telephone reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cavalier Telephone’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Cavalier Telephone and its affiliates that your copyrighted material has been infringed.
Cavalier Telephone’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Cavalier Telephone
Legal Department
1319 Ingleside Road
Norfolk, Virginia 23502-1914
Telephone 757.248.4160
Fax 757.248.404
