Terms of Access & Use

Access and Use of CavalierProduct.com
By accessing and using this web site and any other site, mobile application, or service  published by Cavalier on which these terms reside (hereafter referred to as “Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. Provided you purchase any Goods, Products or Services from Cavalier, by using this Site, your purchase will be governed by the applicable terms and conditions contained in the Terms of Sale page. Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by Cavalier on this Site. We reserve the right, at its sole discretion, to periodically revise the Terms of Access and Use, and the Terms of Sale.

Security
Cavalier places extreme importance on protecting information transferred on this Site and security precautions are taken to protect all such information. We continually review and update the security methods implemented to protect information transmitted via this Site, including measures to secure and protect all personally identifiable information from loss, misuse, and alteration. Even though we take measures to protect and secure all customer-related information from loss, misuse or theft, Cavalier, cannot guarantee that all electronic commerce is completely secure.

Site Information Use
Cavalier makes no representation that materials in the Site are appropriate or available for use in other locations, especially international locations, and access to them from territories where their contents are illegal is prohibited. This Site and certain areas on this Site may be linked to other sites that are not maintained by Cavalier, and are not subject to the same Privacy Policy and other terms.  Cavalier is not responsible for the content of these other sites. A link to another site does not imply an endorsement, sponsorship or recommendation of the site and Cavalier, disclaims any liability for the links to and from this Site. Cavalier at its sole discretion, may, at any time revise or modify the information contained in this Site.

Information Collected and Transmission
Cavalier may collect, compile and utilize various types of information from the parties accessing or visiting this Site. Transactional information from companies or individuals that purchase products from our Site may be collected and used by Cavalier to provide subsequent products or services to such parties. This information is considered essential to the performance of online transactions. Additionally, this information may be collected to aggregate statistical information, enhance system administration or to improve the content of the Site. The information we collect will help Cavalier effectively enhance this Site, expand product growth and better serve our customers, which will result in continued customer satisfaction. Cavalier may use the information collected to notify Site visitors of changes to this Site, to notify Site visitors of new products, and for any other legitimate and lawful business purpose. Cavalier may choose to share information with some specific third parties, such as suppliers, financial institutions, and third party service providers.. Cavalier may disclose information about any Site visitor in response to subpoenas, investigative requests (with or without subpoena) and other legal process, to uphold Cavalier’s legal rights and defend against legal claims. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, and profane or other material that could give rise to any civil or criminal liability under the law. Any material, information or idea you transmit or post on this Site by any means will be treated as non-confidential and non-proprietary. Cavalier WILL NOT GIVE, SELL OR OTHERWISE TRANSFER E-MAIL ADDRESSES MAINTAINED BY THIS SITE TO ANY OTHER THIRD PARTY FOR THE PURPOSE OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGE IN VIOLATION OF TITLE 15, CHAPTER 103 OF THE UNITED STATES CODE.

Content and Intellectual Property
The content on this Site including images, text, trademarks, service marks, and other copyrights, which are provided by Cavalier or its licensors and is the property of Cavalier and its licensors. As such, the content on this Site is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Customers or visitors to this Site shall have no right, title, or interest in the images, trademarks, service marks, copyrights, product names, catalogs or any other intellectual property rights reserved by Cavalier, or any images, trademarks or service marks owned by suppliers to Cavalier.  All materials contained on this Site are subject to the ownership rights of Cavalier and our suppliers. Customers shall have no right to copy or use any of the intellectual property of Cavalier or its suppliers without our permission.

Disclaimer of Warranty
The materials on this site are provided "as is" without warranties of any kind either express or implied. All information on this Site is subject to change without notice. To the fullest extent possible pursuant to the applicable law, Cavalier DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. CAVALIER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. CAVALIER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CAVALIER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, SOFTWARE DAMAGE OR EQUIPMENT DAMAGE ARISING OUT OF THE USE, OR INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CAVALIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event your use of these materials results in the need for servicing, repair or correction of equipment or data, you assume any costs or expense for such needs.

Periodic Updating of these Terms and Conditions
 Cavalier may update these terms and conditions from time to time. Check this Site periodically for updates. Updates shall be effective the date such update is posted on the Site.

Governing Law
These Terms will be governed by and construed in accordance with the laws of Texas. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Rockwall County, Texas. These Terms operate to the fullest extent permissible by law.

Questions
Questions regarding Cavalier’s Company's Terms of Access should be directed to:
Cavalier, 196 Mark Lane, Royse City, Texas 75189

Terms and Conditions of Sale
1. Prices
All prices are net prices quoted in U.S. dollars and do not include taxes, freight or other charges.  All prices are subject to change without notice.

2. Sales Tax
Customers are responsible for paying all applicable state and local taxes on all orders in which a sales tax exemption certification has not been provided. Sales Tax will be collected in the state of Texas.

3. Return Policy
If customer receives a defective product, or has ordered the wrong product they can return the product within six months of purchase and Gemmell Enterprises LLC D.B.A. Cavalier will exchange the product or provide a refund.  If product is not defective it must be returned in resalable condition. All returns must be pre authorized by Cavalier and accompanied with a valid Cavalier invoice.

4. Freight
Customer will pre-pay for any freight cost associated with the delivery of the product to the shipping address provided on the order. Prices quoted are for F.O.B origin.  Currently, Cavalier only accepts orders for shipment within the continental United States.

5. Product Warranty
a. Limited Warranty
Customer shall inspect products within a reasonable time after receipt, and shall promptly notify Cavalier of any claimed defect. Any Products determined to be defective must be returned, with an invoice number, to Cavalier within a one-year warranty period. If Cavalier accepts the product for return during the limited warranty, Cavalier may elect to (i) Repair; (ii) Replace; or (iii) Refund the amount paid by the customer. This warranty shall not be applicable in the event of the misapplication or misuse of the Product by the Customer. THE FOREGOING WARRANTIES ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND Cavalier EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

b. Warranty Disclaimer
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY CAVALIER, OTHER THAN WHAT IS PROVIDED IN THE ABOVE WARRANTY SECTION.  CAVALIER DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.

C. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL CAVALIER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT FROM THE PURCHASE OF ANY PRODUCTS FROM CAVALIER, INCLUDING BUT NOT LIMITED TO  LOST PROFITS OR INJURIES TO PERSONS OR PROPERTY, EVEN IF CAVALIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CAVALIER’S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID OF THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

D. Product Selection and Suitability
Cavalier does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations.  Cavalier does not accept responsibility for installation or use of a product.  The customer must review the product materials and application, relevant code, regulations, or laws to be certain that the Product, its installation, and its use comply with applicable laws.  UNDER NO CIRCUMSTANCES SHALL CAVALIER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THE CUSTOMER’S IMPROPER SELECTION, MISAPPLICATION OR MISUSE OF A PRODUCT.

6. Governing Law
The laws of the State of Texas govern any claim relating to, and the use of, this site and the content contained herein.