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These terms and conditions apply to the following web sites (collectively referred to as the "Site"): www.fairmonthomes.com
The Provider of the site is Cavco Industries, Inc. ("Cavco" and also referred to herein as "we", "our", or "us";), a Delaware Corporation. As a user of the Site, you are representing to Cavco that you can legally enter into the following site use agreement. IF YOU CANNOT LEGALLY ENTER INTO THE
SITE USE AGREEMENT, DO NOT ACCESS THIS SITE.
Each time you access the Site or any page of it, you agree to all of the terms and conditions of use in effect on that date. Please read these Terms and Conditions of Use ("Terms and Conditions") carefully before using this Site. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH
BELOW, DO NOT ACCESS THIS SITE.
Disclaimer: Independent retailers are separately owned and operated and are not agents or representatives of Cavco (Fairmont Homes).
Cavco authorizes you to view and download information from this Site only for your personal, non-commercial use.
Any information on this Site regarding products and services is current only as of the date posted. The information presented on this Site regarding products and services is an advertisement and does not constitute in any manner an offer or commitment to provide any such product or service. All products or services may not be available in all geographic areas. Eligibility for certain products and services is subject to our final decision and acceptance.
EXCLUSION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. NEITHER CAVCO NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS EMPLOYEES, AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY ASSOCIATED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU WILL RELEASE AND, INDEMNIFY, DEFEND AND HOLD HARMLESS CAVCO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES ("CAVCO AND RELATED PERSONS") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY?S FEES AND EXPENSES) (COLLECTIVELY, "CLAIMS") OF WHATEVER KIND, CHARACTER, OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF THE WEB SITE OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF CAVCO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO CAVCO AND RELATED PERSONS.
THIS SITE AND MATERIAL CONTAINED IN THE SITE, INCLUDING TEXT, GRAPHICS, LINKS, AND OTHER ITEMS ARE POSTED "AS IS" AND "AS AVAILABLE" AND NO REPRESENTATION OR WARRANTY IS MADE AS TO THE ADEQUACY, ACCURACY, SUFFICIENCY, SUITABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE OR ANY LINKED SITE OR THE INFORMATION, PAGES, OR OTHER MATERIALS INCLUDED HEREIN OR THEREIN, AND NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY RESPONSIBILITY THEREFOR. NEITHER WE NOR OUR PARENT COMPANIES, OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SITE OR ANY INFORMATION OR MATERIALS ON OR ACCESSED THROUGH THE SITE OR ANY LINKED SITE, NOR THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIALS OBTAINED THROUGH OR AS A RESULT OF ANY VISIT TO THE SITE OR ANY LINKED SITE, AND EACH OF THE FOREGOING EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES OF ANY TYPE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, AND FREEDOM FROM COMPUTER VIRUS OR OTHER DISABLING PROCEDURE.
EXTERNAL LINKS TO THIS SITE
All links to this Site must be approved in writing by Cavco, except that Cavco consents to links in which: (i) the link is a text-only link containing only the name "Cavco Industries, Inc.", (ii) the link "points" only to www.cavco.com and not to interior pages; (iii) the link, when activated by a user, displays the Cavco Site full-screen in a fully operable and navigable browser window and not within a ?frame? on the linked web site; and (iv) the appearance of the linked web site may not create the false appearance that an entity or its activities or products are associated with or sponsored by Cavco nor be such as to damage or dilute the goodwill associated with the name and trademarks of Cavco or its affiliates. Cavco reserves the right to revoke this consent to link at any time in its sole discretion. In no event shall Cavco assume liability for external links to this site nor shall an external link establish a third-party beneficiary arrangement.
LINKS TO THIRD PARTY SITES
As a convenience to you, Cavco may provide on this Site, links to web sites operated by other entities. We are not responsible for any linked web sites that may be accessed through this Site. The content, accuracy, authenticity, products and services and links of other web sites are the sole responsibility of their authors and owners, and are not investigated, verified, or monitored by Cavco. YOUR USE OF ANY LINKED SITES IS AT YOUR OWN RISK AND CAVCO ASSUMES NO LIABILITY FOR SUCH USE.
CHOICE OF LAW AND VENUE
Our products and services are provided subject to federal law and applicable laws in the states in which we are licensed to conduct business.
Access to and use of this Site and these terms and conditions are governed by the laws of the United States and to the extent not inconsistent therewith, the laws of the State of Arizona. (This web site is controlled and operated by us from our offices in the State of Arizona, United States of America.) We make no representation or warranty that the information, including products and services information on this Site is appropriate or available for use in all geographic locations.
By providing specific product and service information through this Site, we are not soliciting any person to use or apply for such products or services in jurisdictions in which such products and services are not available or in which the provision of any such information, products or services is prohibited by law.
You and we further agree that for any dispute arising out of or in connection with your access to and use of this Site or any linked site, proper venue and jurisdiction will exist in the courts of competent jurisdiction located in Maricopa County, Arizona. You and we consent to the jurisdiction of such courts and specifically waive any objection to such venue or jurisdiction.
COPYRIGHT AND TRADEMARK INFORMATION
Copyright in this Site, including, but not limited to, the pages, image, text, graphics, design, and screens displaying the pages, and the information and material therein and in their arrangement, is owned by Cavco Industries, Inc., and its affiliates and subsidiaries, unless otherwise indicated. The information located throughout this Site may not be copied, modified, distributed, reproduced, licensed, transmitted, displayed, transferred, reused or sold without the express written permission of Cavco. Any person is hereby authorized to view the information available on the Site for informational purposes only.
Any and all references herein to the corporate names, tradenames, trademarks and servicemarks ("Marks") of any third parties are intended to accurately identify such parties as the sources of specific products and services. We acknowledge the proprietary rights of such third parties to their identified Marks and make no claim of license or interest in such Marks. There is no intention on our part to improperly use or dilute the proprietary rights of owners and authorized users of such Marks. We do not intend to make any claim of association with any such third party or its products and services by using such Marks. We use any such third party Marks with permission from or pursuant to a contract with the third party.
No license to the user is implied in these Terms and Conditions or elsewhere in this Site.
REVISIONS TO THE TERMS
We may revise these Terms and Conditions at any time without notice, by updating this posting. You should check this page for changes each time you visit this Site.
Unless expressly varied by us in writing, these Terms and Conditions are the entire agreement between you and us relating to access to and use of this Site.
If any provision of these Terms and Conditions is determined to be invalid or unenforceable pursuant to a final and nonappealable judgment by a court or arbitral authority of competent jurisdiction, the remainder of these Terms and Conditions shall remain in full force and effect without regard to such invalid or unenforceable provision.
ARBITRATION; WAIVER OF JURY TRIAL
Any dispute, controversy or claim between you and us (including without limitation, our parent company or any of our any affiliates, subsidiaries, directors, officers, employees or other representatives) of any type or kind whatsoever, including, but not limited to, any dispute, claim, or controversy arising out of or relating to (a) the Site or any linked site; (b) these Terms and Conditions, including without limitation, any dispute or controversy over the scope or validity of this agreement to arbitrate disputes; (c) any relationship resulting from these Terms and Conditions or the Site; or (d) any breach of these Terms and Conditions; whether based on statute, contract, tort or any other legal theory (including, without limitation, claims of fraud, suppression, misrepresentation and fraud in the inducement), and whether now existing or arising in the future (collectively, a "Claim") shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and we agree that your access to and use of this Site and/or any linked site as well as these Terms and Conditions and this arbitration agreement is made pursuant to a transaction involving or affecting interstate ?commerce? under the Federal Arbitration Act (9 U.S.C. Section 1, et seq.). You agree that any such Claim will be settled on an individual (non-class) basis by binding arbitration under the Federal Arbitration Act. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute regarding whether a particular controversy is subject to arbitration will be decided by the arbitrator. Each of the parties to this contract voluntarily and knowingly waives any right to a trial by jury with respect to any such Claim.
The arbitrator shall be a licensed attorney having at least ten (10) years experience as a practicing attorney and/or judge. The arbitration award shall be based on substantial evidence, and the arbitrator shall award only such relief as a court of competent jurisdiction could properly award under applicable law (including attorney?s fees if allowed by applicable law or agreement) and may award to the prevailing party all pre- and post-award expenses of arbitration. All statutes of limitation, defenses and attorney-client or other privileges that would apply in a court proceeding will apply in the arbitration. Any claims by or on behalf of other persons will not be considered in or consolidated with any arbitration proceedings between you and us. This agreement to arbitrate does not limit the right of you or us, whether before, during or after the commencement of any arbitration proceeding, to exercise any self-help remedies such as setoff, or to obtain provisional or ancillary remedies and injunctive or other traditional equitable relief, other than a stay of arbitration, to protect the rights or property of the party seeking such relief. Such judicial relief may take the form of a lawsuit against either party. The taking of any such action shall not constitute a waiver of the rights of either party to compel arbitration regarding any Claim. This agreement to arbitrate disputes will survive your access to this Site or any linked site.
Product floor plans, dimensions, specifications, standard features, material and availability are subject to change without notice. Occasionally, shortages in the supply of materials used in our homes forces us to make adjustments. Accordingly, we reserve the right to make changes, at any time, without notice or obligation, in specifications, materials, fixtures, equipment, models and availability. THIS SITE AND ALL PRODUCT INFORMATION AND MATERIAL CONTAINED HEREIN, IS
PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND.
NOT ALL HOMES MAY BE SUITABLE FOR A PARTICULAR LOCATION, COMMUNITY, OR DEVELOPMENT AND WE ARE MAKING NO DETERMINATIONS THERETO.