Terms of Service
ParkModels.com is a Cavco Industries, Inc. Website
- Use License
- Permission is granted for you to temporarily download one copy of the Materials solely for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of any right, title, or other interest in and to the Materials and, under this license you may not:
- modify, distribute, perform, copy, or create derivative works based on any of the Materials;
- use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright, trademark, patent, or other markings, notices, or proprietary notations from the Materials; or
- transfer the Materials to another third party or “mirror” the Materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cavco Industries, Inc. (“Company”), its companies, subsidiaries, affiliates, licensees, successors, and assigns at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any Materials in your possession whether in electronic or printed format.
- No license is granted to the use of any names, trademarks, service marks, logos, or trade dress (collectively, “Trademarks”) appearing on the Website. If you wish to use a Trademark, you must receive the prior, express, written authorization from Company before doing so.
- Copyrights, Trademarks & Patents
All Materials on the Website, including text, graphics, logos, button icons, images, photographs, metadata, video clips and audio clips, the compilation of the Materials (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Company or third parties that have licensed certain Materials, including software, for use on the Website. All Materials, including software, is protected by U.S. (federal, state, and local) and international intellectual property laws, including copyright laws. All Materials, including software, and other copyrightable material may be used only as provided in these Terms. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, performance, or derivative work of the Material, including software, on the Website is strictly prohibited, and Company and its suppliers and licensors expressly reserve all intellectual property rights in all Materials. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property provided on the Website, separate from the rights granted under these Terms and without the prior written permission of the intellectual property owner.
- Disclaimer of Warranties; Limitation of Liability
USE OF THE WEBSITE AND ANY MATERIALS ARE ENTIRELY AT YOUR OWN RISK. COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS AND CONTENT PROVIDED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE WEBSITE IS ALSO PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
COMPANY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
COMPANY DOES NOT WARRANT AGAINST, AND YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR: (1) INTERRUPTED OR INSECURE USE OF THE WEBSITE; (2) ANY ERRORS OR OMISSIONS IN THE MATERIAL OF THE WEBSITE, INCLUDING INFORMATION, SOFTWARE, FACILITIES, SERVICE OR CONTENT; (3) THE PRESENCE OF VIRUSES, BUGS, WORMS, TROJAN HORSES, BOMBS, OR ANY OTHER HARMFUL MATTER ON THE WEBSITE OR ON ANY SERVER HOSTING THE WEBSITE; (4) UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR SERVERS ON WHICH THE WEBSITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON; (5) ANY ISSUE OR MATTER CONCERNING A HYPERLINKED THIRD PARTY WEBSITE OR CONTENT; (6) YOUR ACTION OR INACTION IN CONNECTION WITH YOUR USE OF THE WEBSITE; AND (7) FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OWNERSHIP OR OTHERWISE. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS ON THE WEBSITE, INCLUDING INFORMATION, SOFTWARE, FACILITIES, FORUMS, SERVICE OR CONTENT, WILL NOT INFRINGE THE RIGHTS OF OTHERS.
YOU AGREE THAT COMPANY, including ITS companies, subsidiaries, affiliates, directors, principals, trustees, officers, employees, agents, representatives, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE, INABILITY TO USE, OR INTERRUPTION IN THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT COMPANY WAS AWARE, MADE AWARE, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. FURTHER, SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER DOES NOT APPLY TO INTENTIONAL OR WANTON ACTS BY THE COMPANY, AND IT CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
If you are dissatisfied with the WEBSite or any materials on the WEBSite, or any provision of the Terms, your sole and exclusive remedy is to discontinue using the WEBSite.
- Release and Waiver; Indemnification
You agree to defend, indemnify, and hold harmless Company, including its companies, subsidiaries, affiliates, directors, principals, trustees, officers, employees, agents, representatives, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees from and against any claims, causes of action, damages, costs, liabilities, and expenses including, but not limited to, reasonable attorneys’ fees, arising out of or related to: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE; and/or (4) your misuse of the Website and/or any of the Materials.
- Accuracy of Materials
The Materials appearing on the Website could include technical, typographical, or photographic errors. Neither Company nor any of its companies, subsidiaries, affiliates, directors, principals, trustees, officers, employees, agents, representatives, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees warrant that any of the Materials on the Website are accurate, complete, or current. Changes may be made to the Materials contained on the Website at any time without notice. However, no commitment is made to update the Materials.
The Website may include hyperlinks to websites owned or operated by third parties (that is, any party other than Company). Such links are provided for your reference or convenience only. Company does not control the content or operation of any such linked third party website, and Company disclaims any responsibility for any product, service or information provided on any such linked third party website. Neither the publication of content or advertisements of third parties on the Website nor links to websites of third parties constitutes Company’s endorsement or sponsorship of, or affiliation or association with, the owner or operator or any products or services of the third party website or of the third party website itself.
Company may revise these Terms for the Website at any time without notice and at its sole and absolute discretion. By continuing to use this Website, you are agreeing to be bound by the then current version of these Terms. It is your responsibility to review these Terms periodically to check for any changes.
- Governing Law
These Terms are governed by, and construed in accordance with, the laws of Arizona without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you irrevocably consent to the personal jurisdiction of the courts, both state and federal, sitting in Arizona, acknowledge that venue is only proper in the courts of Maricopa County, Arizona, and waive any objection that you may have in the future with respect to any of the foregoing.
Company’s failure to exercise or enforce any right or provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of these Terms, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of Company.
Entire Agreement; Severability
These Terms constitute the entire agreement between Company and you with respect to the Website. No prior or current agreements or communications between us and you will have any effect as part of this agreement or as a separate, continuing agreement.