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.