Terms of service
Welcome to CavHooah.com. CavHooah and its affiliates provide their services to you subject to the following conditions. If you visit or shop at CavHooah.com, you accept these conditions. Please read them carefully.Â
CavHooah.com Messaging Terms & Conditions
CavHooah.com (hereinafter, "CavHooah.com," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy.
By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. In arbitration there is less discovery and appellate review than in court. Please review carefully.
By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, and other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party. If you have requested to receive messages with a desire to bring legal claims against Us or any vendors acting on our behalf, then you shall immediately unsubscribe using the instructions set forth below and agree to indemnify Us and/or those vendors for any expenses, including attorneys' fees, associated with defending such claims.
This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.
1. User Opt In.
- Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from CavHooah.com, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You further consent to receiving messages that include artificial or prerecorded voices. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else's, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
- No Time of Day Restrictions. While efforts are made to limit the delivery of messages outside of reasonable hours for most consumers, you understand and agree that We do not have the ability to target messages based on geographic location because federal law and privacy concerns prevent a consumer's real-time location data from being shared with Us or our vendors by your wireless carrier. Further, technical issues, such as network congestion or your phone being disconnected from your wireless service, can result in messages being delivered at unexpected times. Therefore, you agree that your consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day. Your consent supersedes any state or federal regulation that might otherwise restrict the delivery of such messages and you waive any such claims.
- Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing messages. By opting-in to Our messaging program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at sales@cavhooah.com. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
- Disclosure of Data to Identify Device and Prevent Fraud. Further, You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, CavHooah.com or Our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. See our Messaging Privacy Policy for how we treat your data.
2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that CavHooah.com and its service providers will not have liability for failing to honor requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out. Our Do Not Call Policy is attached to these Terms of Service as Appendix A.
3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, CavHooah.com Terms of Service and CavHooah.com Privacy Policy.
4. Program Description:Â Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.
5. AI-Generated Message Content:Â You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. Some of these messages may be tailored to your interests based on information available to Us. By enrolling and remaining in the program, You agree to the use of AI and further that Our use of these AI services does not make those third-parties either senders or initiators of the text messages or otherwise responsible for the messages.
6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.
7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at sales@cavhooah.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
8. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. CavHooah.com, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
11. Contact. This Program is a service of CavHooah.com, located at 3 W. College Drive Dock A, Arlington Heights IL 60004, US.
12. Age Restriction:Â You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.
13. Prohibited Content:Â You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
14. State Telemarketing Law - Residence:Â To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey's Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with these state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an area code associated with that state. Further, You agree
Conditions of Use
Changes may be made to any part of CavHooah.com, or to these Conditions of Use at any time without prior notice.
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Copyrights: All content included on this site, such as but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CavHooah.com or its content suppliers and is protected by United States and international copyright laws.
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CavHooah graphics, logos, page headers, button icons, and scripts are trademarks of CavHooah.com . These trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits this site.
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You may print out any of the materials from this site for your personal, non-commercial use only as long as proper credit is given and all copyright and other proprietary notices remain intact. You are not otherwise permitted to modify, upload, post, copy, reproduce, transmit, retransmit, republish, sell, loan, rent, or otherwise distribute any materials, including images (electronic rendered photographs or GRAPHICS, ie: JPG's and GIF's), from CavHooah.com.
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The use of any such materials on any other web site or computer network environment is also prohibited without prior written consent. (NOTE: Permission is rarely denied - Just ask.) If you use any such materials, other than as permitted in this license, you will be violating CavHooah.com's copyright and other proprietary rights and action will be taken.
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Any material, story, graphic, or any other item that another claims ownership of and does not wish to have displayed on CavHooah.com, should contact the Webmaster immediately and state your claim to said item(s), in writing, supply reasonable proof of your claim and if CavHooah.com believes that you have proved your claim, the disputed (claimed) item(s) will be removed as soon as is practical. For formerly disputed items given credit that are allowed to remain on the CavHooah web site, this shall release and hold harmless, all claims against CavHooah.com for said item(s).
CavHooah.com is not liable for any offensive statements contained in any information, commentaries, or stories published on this web site. The contents and accuracy of any information, commentaries and stories are solely the responsibilities of their respective authors.
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Online Store Policy
All items purchased from CavHooah.com are made pursuant to a shipment contract. This means that CavHooah.com cannot be responsible for loss of items once they are out of our possession and under the control of any postal service.
CavHooah.com and its affiliates attempt to be as accurate as possible. However, this is an imperfect world and we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by CavHooah.com itself is not as described, return it in unused condition and we will be happy to return it or replace it for you.
CavHooah.com uses PayPal for all financial transactions. By using the site, you agree to the PayPal Terms of Use.
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Credit Card Security
We know customers are concerned about credit card security. We use one of the worlds largest funds transfer agencies - PayPal. If you choose to use a major credit card or PayPal account, your personal credit card information will not be given to CavHooah.com. The CavHooah.com Online Store is designed to provide you with a fast and easy solution for ordering and payment of the products you wish to purchase. All Online Store transactions are handled through secure servers on encrypted pages. CavHooah.com does not store or collect ANY credit card information at all. There is no account required to use this site, which further protects site users from identity theft.
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Third Party Links
CavHooah.com does provide links to other sites. Prior to adding an external link, we make every effort to ensure that there is no offensive material within the websites we have linked to, but also realize that the freedom we fight for includes freedom of speech.
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Some hypertext (HTML) links on CavHooah.com lead to web sites, which are not under the control of CavHooah.com. Accordingly, CavHooah makes no representation or warranty concerning the content of these web sites and accepts no responsibility or liability in respect to the material on any web site, which is not under our direct control. These hypertext links are provided only as a convenience.
CavHooah is not affiliated with (except where noted), nor does it endorse, nor make any statement concerning, nor assume any responsibility for the accuracy or contents of any other web sites, Usenet (news groups), E-group(s), forums, web rings, or any other location to be found on the internet (web), or any other location, electronic or otherwise.
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Parties other than CavHooah.com and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. CavHooah.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
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Other Internet sites and services linked from CavHooah.com have separate privacy and data collection practices. Once you leave CavHooah.com, we cannot control, and has no responsibility for, the privacy policies or data collection activities at another site.