Caithness’ Web Site Terms and Conditions

The Terms of Use (the “Terms”) constitute a legal agreement between you and Caithness Long Island, LLC (“Caithness”).  Please read these terms and conditions before continuing to use this website. 

Usage restrictions

When you access this site, you acknowledge that you have read and agree to abide by the Terms described here and our Privacy Policy.

 

This website is owned by Caithness.  All of the contents featured or displayed on this website, including, but not limited to, text, graphics, pictures, images, moving images, sound, illustrations, and software (“Content”) is owned by Caithness, its licensors, or content providers.  The entire Content, including general design of this Site (as defined below), is copyrighted under United States law.  All materials, images, ideas, designs, information from the www.CaithnessLongIsland.com World Wide Web site (the “Site”) may not be copied, used, distributed, or transmitted in any way without prior written consent of Caithness.

 

All material on this site is provided for lawful purposes only.  Except as explicitly permitted under this or another agreement with Caithness or one of its subsidiaries or content providers, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Caithness or its third party content providers unless otherwise expressly agreed.  Content (including photographic images) purchased or otherwise acquired by you via the Site may only be used by you for personal, non-commercial purposes (i.e. not for re-sale or re-distribution) and may not be duplicated or otherwise altered by you. 

Caithness reserves the right, in its sole discretion, to change the terms and conditions or an individual's or any entity’s access to this site at any time, or to terminate this Site without notice. It is recommended that you read these terms and conditions each time you enter the Site.

Caithness logos

Caithness and the Caithness logo are trademarks or service marks of Caithness.  These or any other Caithness trademarks or service marks may not be used without the express written permission of Caithness.

Submissions to www.CaithnessLongIsland.com

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Caithness through this site is the exclusive property of Caithness.  Caithness is entitled to use any information submitted for any purpose without restriction or compensation to the person sending the submission.

The user acknowledges the originality of any submission communicated to Caithness and accepts responsibility for its accuracy, appropriateness and legality.

Liability restrictions

Caithness is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions.  Under no circumstances will Caithness or its suppliers be liable for any damages or injury that result from the use of the materials on this Site.

 

Caithness does not give a warranty as to the accuracy of the materials on this Site, which are provided "as is" and without warranty of any kind, including without limitation any implied warranty of merchantability, satisfactory, quality, or fitness for a particular purpose, to the fullest extent permissible pursuant to applicable laws.  CAITHNESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.  THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.  YOU, NOT CAITHNESS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

 

Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither Caithness nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, you inability to use, or the performance of this Site or the Content whether or not we have been advised of the possibility of such damages. 

 

There may be links to other websites from the Site; however, these other websites are not controlled by Caithness and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites.  You waive any and all claims against Caithness regarding the inclusion of links outside websites or your use of those websites.  There may be links from other websites to the Site or purporting to direct a user to this site.  Caithness disclaims any liability arising from such other site.  Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories if damages.  Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. 

 

Caithness may make changes to its Site at any time and may provide links to other sites that are not maintained by Caithness.  Caithness does not endorse those web-sites and is not responsible for the content of such other web-sites, nor does Caithness endorse any web-site that links to the Caithness Site.

Applicability of content

Information on this site includes descriptions of products and services available in the United States of America and select foreign countries only.

Enforcement of terms and conditions

These Terms are governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law. Users agree that any civil, but not criminal, disputes arising from the use of this Site, shall be settled by binding arbitration pursuant to the rules of commercial disputes of the American Arbitration Association.  Notwithstanding the foregoing, however, Caithness shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Caithness, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.  If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severeble and will not affect the validity and enforceability of remaining provisions. Caithness reserves the right to revise these terms and conditions at any time by updating this posting.

 

Caithness may terminate this agreement at any time without notice for any reason. Users may terminate this agreement by destroying all materials obtained from the Site and not using any information from the Site, and releasing Caithness from any liability whatsoever or otherwise holding Caithness free from any liability.  No action of Caithness, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use.  Should any clause of these Terms of Use be found unenforceable, whenever possible this not affect any other clause and each will remain in full force and effect. 

 

©2004 - 2005, Caithness Long Island, LLC.  All rights reserved.