All intellectual property on the Website and Mobile Applications (except for any user generated content) is owned or licensed by CASCADE MAVERIK and/or its affiliates. All rights to the intellectual property on this Website are reserved. Any use of the trademarks or other intellectual property on this Website or used on Cascade Maverik Mobile Applications without express written authorization is strictly prohibited. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website and Mobile Applications solely for your own non-commercial use or to purchase CASCADE MAVERIK products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content used on the Website or within the Mobile Applications is strictly prohibited, unless authorized by CASCADE MAVERIK. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
Copyright Infringement Claims
If you believe in good faith that materials available on the Website or Mobile Applications infringe your U.S. copyright, you may send us a written notice by mail or e-mail, requesting that CASCADE MAVERIK remove such material or block access to it. Please refer to http://www.copyright.gov/ for details.
Notices and counter-notices must be sent in writing to CASCADE MAVERIK’s registered DMCA agent as follows:
Cascade Maverik Lacrosse
100 Domain Drive
Exeter, NH 03833
You must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that are allegedly being infringed;
- Specific identification and description of each copyrighted work claimed to have been infringed; if the copyrighted work is registered, please provide a copy of the copyright registration;
- A description of where the material believed to be infringing is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.
The Website and Mobile Applications may allow you and other users to provide content, including ratings, reviews, comments, images, videos or any other type of media (“User Content”). You acknowledge that you are solely responsible for your User Content, your User Content is not confidential or proprietary to you, and others may access or use your User Content.
You must only submit User Content if: you are the sole author and owner of all rights to the User Content or have all necessary permissions; your submission is in accordance with these Terms and any other guidance we provide; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content for any reason.
You will not submit User Content that:
- may cause injury to any person or entity;
- is false or misleading;
- infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- violates anyone’s rights to privacy or publicity;
- violates any law or regulation;
- includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing;
- is inconsistent with the safe and proper use of any CASCADE MAVERIK product or service;
- or promotes commercial activities and/or sales without our prior written consent.
You should not submit User Content that includes personally identifiable information about yourself or any other person, unless the Services specifically request that you provide such information.
Other than your personal information (for example, your full name, address, and email address), you grant us and our authorized third-party retailers and affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license to your User Content, including any username or social media handle you used when submitting the User Content. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute your User Content.
You acknowledge that all your User Content may be used and shared by us with third parties. You further unconditionally and irrevocably waive, and consent to conduct which may otherwise infringe, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have. In particular, you consent to any amendments, deletions from and use of your User Content, including any which fail to attribute any authorship to you.
If you provide us with any ideas, proposals, suggestions or other materials relating to the Website, Mobile Applications or any other CASCADE MAVERIK products or services, CASCADE MAVERIK may use the feedback in any manner for any purpose without restriction or compensation to you.
We welcome you to share your User Content and information about our products and services, through social media. You grant us the right to reproduce and publish your social media postings related to the Website or Mobile Applications and to use the username or social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of the social media platforms you use.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.
Harassment in any manner or form on the Website or Mobile Applications, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CASCADE MAVERIK or other licensed employee, host, or representative, as well as other members or visitors on the Website or within the Mobile Applications is prohibited. You may not upload to, distribute, or otherwise publish through the Website or Mobile Applications any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or on the Mobile Applications or use the Website or Mobile Applications to solicit others to join or become members of any other commercial online service or other organization. Any use of the Website or Mobile Applications for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use the Website or Mobile Applications to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. CASCADE MAVERIK reserves the right to monitor transmissions and investigate any alleged prohibited use of the Website and Mobile Applications and to disclose any and all information relating to such prohibited use.
We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service and sometimes an item may not be available. In that case, we (and our authorized third-party retailers) may cancel your order or contact you for follow-up. We reserve the right to discontinue selling any product or service at any time without notice. Please see our Payment & Shipping and Returns policies for more information.
In the event of a pricing or other error, we (and our authorized third-party retailers) reserve the right to revoke offers, cancel orders, and correct errors or omissions, including after an order has been placed. Prices may differ from other promotional prices we or others make available online or other retailer prices in your area. In some cases, intermediate markdowns may have been taken.
We are not responsible for failure to fulfill orders for any reason, including causes beyond our control. We reserve the right to: (1) decline any order or limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any user from completing a transaction. Please see our Payment & Shipping and Returns policies for additional information and limitations.
CASCADE MAVERIK does not and cannot review all communications and materials posted to or created by users accessing the Website or Mobile Applications, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website and through our Mobile Applications, CASCADE MAVERIK is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website or Mobile Applications. However, CASCADE MAVERIK reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to CASCADE MAVERIK in its sole discretion.
CONTENT SUBJECT TO CHANGE
While we try to provide the Website and Mobile Applications error-free, we do not guarantee that the Website or Mobile Applications or their content are complete, current, or error-free (including, without limitation, content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements and descriptions are approximate and provided only for ease of explanation or convenience. We try to display product colors as accurately as possible, but colors may appear differently on your screen.
THIRD PARTY LINKS
DISCLAIMERS AND LIMITATION OF LIABILITY
CASCADE MAVERIK IS PROVIDING YOU WITH ACCESS AND USE OF THE WEBSITE AND MOBILE APPLICATIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CASCADE MAVERIK MAKES NO WARRANTY THAT THE WEBSITE OR MOBILE APPLICATIONS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, CASCADE MAVERIK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
CASCADE MAVERIK MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE WEBSITE OR MOBILE APPLICATIONS.
CASCADE MAVERIK SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE MOBILE APPLICATIONS OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR MOBILE APPLICATIONS OR THE CONDUCT OF OTHER WEBSITE OR MOBILE APPICATION USERS (WHETHER ONLINE OR OFFLINE), EVEN IF CASCADE MAVERIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND OF THE MOBILE APPLICATIONS. YOUR ONLY REMEDY AGAINST CASCADE MAVERIK FOR USE OF THE WEBSITE, MOBILE APPLICATIONS OR ANY CONTENT IS TO STOP USING THESE DIGITAL TOOLS. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, LEGAL WARRANTIES AND REMEDIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERM AND TERMINATION
You are responsible for complying with your country’s foreign export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent that you are not (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any U.S. government lists of restricted end users.
COMMUNICATIONS AND ADDITIONAL TERMS
When you use the Website or Mobile Applications, you may be given the opportunity to consent to receive communications from us through text, and/or mobile push notifications. Standard text messaging and calling rates will apply.
You agree that promotional texts messages may be generated by automatic telephone dialing systems. You can opt out of promotional communications via text message, by responding STOP or HELP or contacting us as indicated below.
YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE CASCADE MAVERIK WEBSITE OR CASCADE MAVERIK MOBILE APPLICATIONS.
Email Sign up offers
By submitting your email address and subscribing to our promotional communications, you agree to these Terms. Cascade Maverik’s collection and use of your email address is subject to the Cascade Maverik.com .
If you make a purchase on the Cascade Maverik Website or Cascade Maverik Mobile Applications you may opt in to receive promotional email communications from Cascade Maverik (“Email Communications”). You may opt out of receiving Email Communications from Cascade Maverik at any time by clicking the “unsubscribe” link in the Email Communication.
Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Cascade Maverik Website or Mobile Applications (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features. Your use of such pages or download or use of the Website or Mobile Applications confirms your unconditional acceptance of these Additional Terms. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of the Website or Mobile Applications.
From time to time, we may change these Terms. We reserve the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Cascade Maverik Website and Mobile Applications following any changes indicates your acceptance of those changes.
HOW TO CONTACT US
We welcome your feedback. If you have questions, comments or concerns about these Terms, please contact us and we will endeavour to respond to you as soon as possible.