Terms of Use | CAF Worldwide

OVERVIEW

Welcome to the website of CAF Worldwide and its affiliates (“CAF,” “Company,” “we,” “our,” or “us”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.cafworldwide.com, including any content, functionality and services offered on or through www.cafworldwide.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

The Website is intended for access and use only by adults and is not directed to minors. As stated in our Privacy Policy, CAF does not knowingly collect personally identifiable information from anyone under the age of 13. If you are under 13, you should not provide any information to CAF through the Website. In addition, by accessing or using the Website, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction).

ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT PROVISION, YOU AND CAF AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CAF WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Please feel free to contact us with any questions you might have regarding these Terms of Use. You may send us an e-mail at info@cafworldwide.com or write to us at: 100 Jericho Quadrangle, Suite 233 Jericho, New York 11753.

SECTION 1 – ACCESSING THE WEBSITE AND ACCOUNT SECURITY;

Some features of the Website may require you to create an account (“Account”) and submit certain registration information, such as your name and email address (“Registration Data”). By registering, you represent that all information you provide is accurate, current, and complete, and you agree to promptly update your information as needed. CAF may verify and approve accounts in accordance with its internal procedures.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify CAF immediately of any unauthorized access or use of your account. CAF is not liable for any loss or damage resulting from your failure to safeguard your login information.

You agree that CAF may send you electronic communications relating to the Website (including service notices, marketing materials, or administrative messages) using the contact information provided in your account.

When creating an account, you agree that you will not:

Register on behalf of anyone else without authorization;
Use a name that infringes another’s rights or is unlawful, vulgar, or misleading; or
Misrepresent your identity in any way.

CAF may suspend, restrict, or terminate your account or access to any part of the Website at any time and for any reason, including suspected violations of these Terms of Use or unauthorized use of the Website.

SECTION 2 – USE OF THE WEBSITE

Subject to these Terms of Use and the Privacy Policy, CAF offers you access to the content on the Website. CAF provides global logistics, sourcing, and supply chain solutions and this Website is intended to offer information about those services.

The Website may contain general company information, service descriptions, press releases, and contact forms. While CAF endeavors to keep the information on the Website up-to-date and accurate, CAF does not guarantee the accuracy, completeness, or timeliness of any information presented on the Website.

CAF reserves the right to modify or discontinue the Website (or any part thereof) at any time without notice.

SECTION 3 – CONTENT AND CONTENT RIGHTS

A. CAF CONTENT AND INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, video clips, software, copyrighted items, and other content and materials comprising this Website (collectively, “CAF Content”) belong exclusively to CAF, its affiliates, licensors, or its suppliers. For the purposes of clarity, CAF Content does not include User Content, as defined below. The collection, arrangement, and assembly of all CAF Content (the “Compilation”) belongs exclusively to CAF or its affiliates, licensors, or its suppliers. All software used on or in conjunction with this Website (the “Software”) is the property of CAF, its affiliates, licensors or its suppliers. The CAF Content, the Compilation and the Software (“CAF Intellectual Property”) are all protected by U.S. and international copyright laws and other laws. As between you and CAF (or any other company whose marks appear on the Website), CAF (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, logo, slogans and/or service mark appearing on the Website.

B. USER CONTENT

If you submit any content to CAF Worldwide through the Website, such as messages, questions, or requests submitted via contact forms or email (collectively, “User Content”), you acknowledge that such submissions are voluntary, non-confidential, and may be used by CAF without restriction.

By submitting User Content, you grant CAF a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, display, or otherwise act on such content for purposes such as responding to your inquiry, improving the Website, or developing marketing materials. For clarity, the foregoing license grant does not affect your ownership of your User Content.

You represent and warrant that you are the sole and exclusive owner of or have the necessary licenses, rights, consents, and permissions in the User Content. You are solely responsible for any User Content submitted by you to the Website. CAF is not responsible for any User Content you submit or for any loss or damage arising from your reliance on information provided by other users. CAF reserves the right, but is not obligated, to review, edit, or remove any submitted content that we deem inappropriate, inaccurate, or otherwise inconsistent with these Terms of Use.

SECTION 4 – RULES AND CONDUCT

As a condition of your use, you may only use the Website in accordance with these Terms of Use and all applicable laws. You are solely responsible for your activity on the Website.

You agree not to post, upload, or distribute any content that:

infringes on intellectual property, privacy, publicity, or contractual rights;
is false, deceptive, harassing, threatening, abusive, defamatory, or otherwise objectionable or inappropriate as determined by CAF in our discretion;
contains confidential or proprietary information that you are not authorized to disclose;
constitutes spam, advertising, or unauthorized commercial activity;
contains viruses, malware, or other harmful code;
impersonates any person or misrepresents your identity; and
breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

You shall not (directly or indirectly):

interfere with the proper working of the Website or any activities conducted on the Website;
attempt to gain unauthorized access to other accounts or networks;
use bots, scrapers, or other automated means to collect data;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
take any action that negatively affects other users’ experience; and
otherwise take any action in violation of our guidelines and policies.

We reserve the right to access, preserve, or disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of CAF and its users.

You understand that the technical processing and transmission of the Website may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Website.

These rules are only the minimum level of conduct that we expect for our Website. We also ask that you use common sense and be considerate toward other users. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

SECTION 5 – THIRD-PARTY LINKS

The Website may display, include, or make available links to certain third-party websites, services or resources (“Third-Party Websites”). When you access Third-Party Websites, you do so at your own risk. The Third-Party Websites are not under our control, and we do not endorse, are not responsible for and shall have no liability to you with respect to the business practices, privacy policies or content, materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third-Party Websites. By accessing a Third-Party Website, you may be disclosing your private information and be exposing yourself to content that you find disturbing. It is your responsibility to read and understand the privacy, membership, payment and other policies of the Third-Party Websites and to determine on your own whether or not you will have any interaction with any of the Third-Party Websites. We encourage you not to provide any personally identifiable information to any Third-Party Websites unless you know and are comfortable with the party with whom you are interacting. You agree that we are not responsible for and shall have no liability to you, with respect to merchandise, products, and/or services advertised, featured, mentioned, sold, distributed, displayed or linked on or through the Website. Complaints, claims, concerns, or questions regarding Third-Party Websites should be directed to the third-party. We may also, in the future, offer new Third-Party Websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

SECTION 6 – TERMINATION

CAF may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Website. All provisions of these Terms of Use which, by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SECTION 7 – DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAF NOR ANY PERSON ASSOCIATED WITH CAF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CAF NOR ANYONE ASSOCIATED WITH CAF REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CAF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE AND SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. 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 our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

SECTION 8 – LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAF, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (“THE RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RELEASED PARTIES ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE, SERVICES, OR CONTENT; (C) THE FAILURE TO REALIZE ANY SPECIFIC BENEFIT OR RELATED OUTCOME THROUGH USE OF THE SERVICES; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE THE RELEASED PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.

SECTION 9 – INDEMNIFICATION

Without limitation of our other rights and remedies, you agree to indemnify and hold harmless CAF and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to (a) your use of the Website; (b) your User Content; (c) your violation of any rights of a third party; (d) any dispute between you and any other user of the Website or third-party; (e) your breach of these Terms of Use or any violation of law or regulation.

SECTION 10 – NO OFFER/LOCAL RESTRICTIONS

Nothing contained in or on the Website should be construed as a solicitation of an offer of employment, or to engage in any other transaction.

The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited by reason of that person's nationality, residence or otherwise. Any user subject to these restrictions must not access the Website.

SECTION 11 – PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

CAF respects the intellectual property of others, and we ask our users and visitors to do the same. We specifically prohibit users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Website any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

If you believe that your intellectual property has been copied and is accessible on the Website in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may request removal of those materials (or access thereto) from the Website, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), by providing the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the exclusive work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party;
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner, its agent or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written or electronic notice of copyright infringement or other intellectual property infringement should be mailed, faxed, or emailed to:

CAF Worldwide

100 Jericho Quadrangle,

Suite 233

Jericho, New York 11753

516-444-3700

info@cafworldwide.com

Upon receipt of any infringement notices, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

SECTION 12 – DISPUTE RESOLUTION

The laws of the United States of America, State of New York, shall govern these Terms of Use and your use of the Website, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

YOU AND CAF AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING OR ARISING OUT OF THE WEBSITE AND/OR THESE TERMS OF USE SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE BASIS, IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION. ANY CLAIMS, DISPUTES, ACTIONS OR PROCEEDINGS BY CAF RELATING TO ITS INTELLECTUAL PROPERTY RIGHTS AND/OR TO PREVENT UNFAIR COMPETITION, MISAPPROPRIATION OF TRADE SECRETS, UNAUTHORIZED ACCESS, FRAUD, INDUSTRIAL ESPIONAGE, AND OR FRAUD (INCLUDING COMPUTER FRAUD) MAY BE BROUGHT IN THE FEDERAL COURTS IN THE CITY AND COUNTY OF NEW YORK, NEW YORK AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS.

SECTION 13 – SEVERABILITY

If any of the provisions of these Terms of Use are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms of Use, which shall be given full effect, without regard to the invalid portion(s).

SECTION 14 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 15 – MISCELLANEOUS

No failure of CAF to enforce any of its rights under these Terms of Use will act as a waiver of such rights.

The captions and headings appearing in these Terms of Use are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of any provision of these Terms of Use, nor in any way affecting them.

SECTION 16 – PRIVACY POLICY

Please review our Privacy Policy for information on how we collect, use, disclose and otherwise manage personal information we collect on the Website, and the measures we take to safeguard the information.

CAF Worldwide Terms of Use