These Terms & Conditions of Use were last updated on March 18, 2024.
These Terms & Conditions of Use (the “Terms of Use”) are entered into by and between you and Cheyenne International, LLC, on behalf of itself and its affiliates and subsidiaries (collectively, the “Company,” “we,” “us,” “our,” or similar terms). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of this website, along with any other website owned or operated by Cheyenne International, LLC or its affiliates or subsidiaries, including any content, functionality, and services offered through any of the foregoing (collectively, the “Website”), whether as a guest or a registered user.
By using the Website, you hereby consent to all actions taken with respect to your personal data that are described in our privacy policy located here (the “Privacy Policy”). Your use of the Website constitutes your acceptance of, and agreement to follow and be bound by, these Terms of Use, which constitutes a legal, binding agreement between you and the Company. If you do not agree to and accept, without limitation or qualification, both the Terms of Use and the Privacy Policy, please exit the Website.
1. Accessing the Website and Account Security
In using or accessing the Website, you are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all individuals using or accessing the Website through your internet connection are aware of and comply with these Terms of Use.
To access the Website or the resources it offers, you may be asked to provide registration details or other information. You are solely responsible for all the accuracy and completeness of the information you provide on the Website.
The user name, password, and any other information required for security purposes must be treated as confidential and you must not disclose such information to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you properly exit and sign out from your account at the end of each session.
We have the right to disable any user’s account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
2. Intellectual Property
The Company owns and/or licenses all trademarks, service marks, and trade names on the Website, unless indicated otherwise on the Website. You may not use these marks without the Company’s prior express written permission.
The Company owns the Website and owns or has the right to use all of the content on the Website, including all displays, text, images, graphics, functionalities, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, selection, arrangement, layouts, configurations, CGI, and other code and scripts in any format used to implement the Website (the “Content”), all of which may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Absent the Company’s express written permission as to particular Content on the Website, you may use the Content only for personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print or download a reasonable number of copies of a limited amount of Content solely for these purposes, provided that the copies bear all copyright and other intellectual property and proprietary notices displayed on the applicable page or resource. Except as expressly authorized by these Terms of Use, you may not reproduce, distribute, publish, download, transmit, modify, create derivative works from, publicly display, publicly perform, or in any way use or exploit, any of the Content, in whole or in part, without the Company’s prior written consent, provided that:
(a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
(b) you may store files that are automatically cached by your web browser for display enhancement purposes;
(c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
(d) if we provide social media features with certain Content, you may take such actions as are enabled by such features.
Further, you are prohibited from:
(a) framing pages or parts of pages on the Website or deep linking to pages on the Website;
(b) using our proprietary trademarks, service marks, or trade names, or any Content, as or in any meta tags or any other “hidden text” techniques or technologies;
(c) modifying or changing copies of any materials from the Website; and
(d) deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Except as expressly provided above, the Company is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms of Use will be interpreted as conferring by implication, estoppel, or otherwise any license, title, or right under any patent, trademark, copyright, or other right (proprietary, intellectual, or otherwise) of the Company or any third party. You obtain no rights in the products, equipment, processes, or technology described on the Website by accessing or using the Website. The Company and any third-party owners retain all such rights.
If you print, copy, modify, download, or otherwise use or exploit any part of the Website in breach of the Terms of Use, or provide any other person or entity with access to any part of the Website in breach of the Terms of Use, your right to use the Website will immediately cease, and you must, at our option, return or destroy any copies of materials from or related to the Website that you have created or to which you have contributed. Any use of the Website or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other applicable laws.
3. User Contributions
The Website may contain profiles, forums, bulletin boards, message boxes, social media features, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to us, other users, or other persons (hereinafter, “post” or “submit”) content or materials (collectively, “User Contributions”) on or through the Website. User Contributions include, without limitation, any information, media, photographs, writings, spoken statements, music, audio, video, recordings, audio-visual works, feedback, data, questions, comments, product or service ideas, know-how, or suggestions posted on or through the Website.
The Company may request information about you and your submission when you attempt to submit User Contributions. By submitting User Contributions, you agree that any of the information you provide to the Company that in any way relates to such User Contributions will also be considered User Contributions, even though some of this information may be considered personal information, as described in the Privacy Policy.
All User Contributions must comply with the Content Standards defined below.
You represent and warrant that:
(a) you own or control all rights in and to the User Contributions and have the right to grant the rights, title, and licenses granted to us herein; and
(b) all of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
4. Rights Granted to the Company
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, even if labeled “confidential” or “proprietary.” Further, the Company will own all User Contributions you submit to it, and by submitting any User Contributions to the Company, you irrevocably assign to the Company all worldwide rights, title, and interest in and to those User Contributions. The Company may use such User Contributions in any format or medium and with any technology or devices (whether now or hereafter known or existing). The Company may (and may allow our affiliates, service providers, assigns, licensee, and other third parties to) display, reproduce, adapt, reformat, translate, store, modify, create derivative works from, distribute, transmit and otherwise exploit all or any portion of your User Contributions on the Website or through any other distribution platform, for any purpose, without any accounting, notification, credit, payment, or other obligation to you. The Company has no obligation to receive your consent or approval to take any actions with respect to any User Contributions you submit. These Company rights shall commence immediately upon your submission of User Contributions and continue thereafter perpetually and indefinitely.
The Company shall not be required or have any obligation to display or use any User Contributions that you submit. The Company has no obligation to take advantage of any of its rights in any User Contributions you submit. You agree to release the Company from any and all claims, suits, actions, demands, liens, encumbrances, or other rights that you may or could have in relation to your User Contributions.
The Company’s display of any User Contributions on the Website does not indicate that the Company endorses any of the views expressed in the User Contributions or that the User Contributions reflect the views of the Company.
The Company reserves the sole and exclusive right to benefit from the Website, including any User Contributions submitted to the Website, without any accounting, obligation, or liability to you. The Company has no obligation to compensate you or provide you with any other consideration relating to User Contributions.
5. Monitoring and Enforcement; Termination
We have the right to:
(a) monitor, moderate, and remove or refuse to post any User Contributions for any or no reason in our sole discretion;
(b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards (defined below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
(c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
(e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions or other transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
6. Content Standards
The following standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions and use of Interactive Services must comply with all applicable federal, state, local, international laws and regulations, and applicable third-party terms and privacy policies. Without limiting the foregoing, User Contributions must not:
(a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
(d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
(e) be likely to deceive any person;
(f) promote any illegal activity, or advocate, promote, or assist any unlawful act;
(g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
(h) impersonate any person or misrepresent your identity or affiliation with any person or organization;
(i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
(j) give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.
7. Claims of Copyright Infringement
The Company responds to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner and believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with notification containing the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work or works claimed to have been infringed;
(c) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Website;
(d) your name, postal address, telephone number, and email address;
(e) a written statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply substantially with the above requirements will not be considered sufficient notice and will not be deemed to confer on the Company actual knowledge of infringing activity or knowledge of facts or circumstances from which infringing activity is apparent. You must send the written notification to Cheyenne International, LLC, Attn: Copyright Agent as follows:
By Mail:
701 S. Battleground Avenue
Grover, NC 28073
or
By E-Mail:
copyright@cheyenneintl.com
Please be aware that if you knowingly materially misrepresent that any material or activity on the Website is infringing a copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
8. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(b) to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
(c) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(d) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the section of these Terms of Use entitled “Intellectual Property”;
(e) to transmit, or procure the sending of, any advertising, commercial, or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(f) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
(g) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that, as determined by us, may harm the Company or users of the Website or expose them to liability.
You further agree not to:
(a) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
(b) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(c) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
(d) use any device, software, or routine that interferes with the proper working of the Website;
(e) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
(g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
(h) otherwise attempt to interfere with the proper working of the Website.
9. Online Purchases and Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services, or features of the Website, such as sweepstakes and promotions. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
10. Third-Party Websites and Materials
The Website may contain links to other websites and resources that are not operated by the Company. These links, including, but not limited to, banner advertisements and sponsored links, are provided to you only as a convenience. Such linked sites and resources are not under the control of the Company, and the Company is not responsible for their content or any actions taken by the operators of such other sites or resources. The inclusion of any link on the Website is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site or resource, unless specifically stated therein. Should you choose to access or use any of the third-party websites or resources linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such other websites or resources.
This Website may also include materials provided by third parties, such as other users, bloggers, licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other materials, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
(a) link from your own or certain third-party websites to certain Content or other materials on the Website;
(b) send emails or other communications with certain Content or other materials, or links to certain Content or other materials, on the Website; or
(c) cause limited portions of Content or other materials on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the Content or other materials they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(a) establish a link from any website that is not owned by you;
(b) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
(c) link to any part of the Website other than the homepage; or
(d) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain Content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
12. Persons Under the Age of 21
Persons under the age of twenty-one (21) are not permitted to access or use the Website. By accessing and/or using the Website, you represent and warrant to the Company that you meet the foregoing age requirement. Any person under the age of 21 who uses the Website is in violation of these Terms of Use and must exit the Website immediately.
13. Disclaimer of Warranties
The Company makes no guarantees, warranties, or representations as to the timeliness, quality, completeness, reliability, accuracy, operability, and/or availability of any of the information, Content, or other materials on the Website, and expressly disclaims all responsibility and liability with respect to such information, Content, or other materials. Any opinions, recommendations, views, or other statements should not be relied on as facts and are available only for informational purposes. The Website or certain Content or features of the Website unavailable from time to time and modified by us at any time. The Website may contain inaccuracies or typographical errors. The Company disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Website. The Company does not warrant or guarantee that the Website will be error-free, virus-free, or free of other harmful code or that access to the Website will be uninterrupted. The Company and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Website for any reconstruction of any lost data.
THE WEBSITE, AND ALL CONTENT, MATERIALS, FEATURES, AND SERVICES CONTAINED ON OR IN THE WEBSITE, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE WEBSITE, (B) THE ACCURACY, CURRENCY, COMPLETENESS, VALIDITY, OR RELIABILITY OF THE INFORMATION, FEATURES, OR OTHER CONTENT ON THE WEBSITE, AND/OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitations of Liability
YOUR USE OF THE WEBSITE AND/OR ANY OF THE CONTENT AVAILABLE THROUGH THE WEBSITE, AS WELL AS YOUR SUBMISSION OF ANY USER CONTENT, IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY LEGAL THEORY, FOR ANY CLAIMS, LOSSES, OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR OTHER DAMAGES (EVEN IF FORESEEABLE OR IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, (B) ANY COMMUNICATIONS (OR INACCURACIES OR OMISSIONS IN SUCH COMMUNICATIONS) SENT TO YOU VIA THE WEBSITE OR OTHERWISE FROM THE COMPANY, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE COMPANY, (D) YOUR SUBMISSION OF USER CONTRIBUTIONS, (E) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE WEBSITE OR ANY SERVICE, OR (F) ANY RELIANCE YOU PLACE ON INFORMATION PROVIDED ON THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Assumption of Risk; Your Waiver of Claims
YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM YOUR USE OF, OR RELIANCE ON, THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE AND YOUR SUBMISSION OF USER CONTRIBUTIONS. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE COMPANY, AND ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR OTHER OBLIGATIONS RESULTING FROM OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE AND YOUR USER CONTRIBUTIONS.
16. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Website, (b) User Contributions you submit, post to, or transmit through the Website, (c) your violation of any rights of any other company or person in connection with the Website, or (d) your violation of the Terms of Use or any other agreement or policy referenced herein. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by the Company in the defense of any claims. You may not settle any claims without the Company’s prior written consent.
17. Waiver; Severability; Entire Agreement
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision in these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions remain effective to the fullest extent permitted by applicable law.
These Terms of Use, the Privacy Policy, and any other agreements or policies incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
18. Assignment
You may not assign or otherwise transfer ownership of your rights and obligations under these Terms of Use to anyone without our prior written approval. The Company may freely assign, transfer, and delegate our rights and obligations under these Terms of Use.
19. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Grover and County of Cleveland, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. Mandatory Arbitration / No Class Relief
To the fullest extent permissible by law, with the exception of disputes pertaining to the Company’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND COMPANY ARISING FROM OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE, OR YOUR USER CONTRIBUTIONS SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
Notwithstanding the foregoing, nothing herein shall prohibit or limit the Company from seeking equitable relief, including a restraining order, injunctive relief, specific performance, or any other relief that may be available from any court, in addition to any other remedy to which the Company may be entitled at law or in equity.
21. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, ANY OTHER AGREEMENT OR POLICY REFERENCED HEREIN, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Website, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action.
22. Changes to the Terms of Use
The Company reserves the right to revise the Terms of Use at any time and for any reason. All changes are effective immediately when posted. You agree that the Company may notify you of material changes to these Terms of Use by indicating the date of the most recent update at the top of these Terms of Use and that you will check the Website frequently for updates. It is your responsibility to visit this page and review the Terms of Use each time you access the Website so that you are aware of any modifications made to the Terms of Use. By entering the Website, you acknowledge and agree that you shall be bound by any such revisions. If you do not agree to the modified Terms of Use, you are not authorized to access or use the Website.
23. Electronic Communications
When you visit the Website, send emails to the Company, or otherwise communicate with the Company through the Website, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
24. Void Where Prohibited
The Company is based in the State of North Carolina in the United States, but this Website may be accessible anywhere in the world. Some of the Content, functions, features, or other materials mentioned on the Website may not be available to all persons or in all geographic locations or jurisdictions. Further, the Company makes no claims that the Website or any of its Content is appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for compliance with all local laws.
In addition, not all persons may be able to participate or win prizes, if applicable, in the promotions offered through the Website. The Company reserves the right, in its sole discretion, to limit the availability of the Website, including any Content or promotions, to any person, geographic area, or jurisdiction at any time.
25. Support; Questions; Comments
All notices of copyright infringement claims should be sent to the designated copyright agent by the means set out in the Claims of Copyright Infringement section above.
All other feedback, comments, or reports of any technical problems with the Website (such as links that do not connect or downtime) may be submitted via the Contact Us page.
© 2024 Cheyenne International, LLC. ALL RIGHTS RESERVED.
© 2024 Cheyenne International. LLC.
All Rights Reserved