Welcome to the Hawthorne Cat website (“Website”). This Website is maintained as a service to our customers. By using this Website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you do not have the right to access this Website or use this Website or its equipment or its contents in any way. The terms “HawthorneCat.com,” “we,” “us,” and “our” refer to Hawthorne Cat and all of its affiliates and “you” and “your” refers to you, as a user of this Website.
Ownership. All content included on this Website is and shall continue to be the property of Hawthorne Cat or our content suppliers and is protected under applicable copyright, patent, trademark and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of this Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
Trademarks. “Hawthorne Cat” and any related logos are the trademarks and trade dress, respectively, of Hawthorne Cat. Other product and company names mentioned on this Website may be trademarks of their respective owners.
Intended Audience. This Website is intended for adults and young adults interested in construction equipment and related products. This Website is not intended for any children under the age of 13.
Website Use. We hereby grant you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials, content or any other information on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any state or federal law.
Website Availability. HawthorneCat.com will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of HawthorneCat.com may, from time to time, result in temporary interruptions to the Website. In addition, HawthorneCat.com reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website, with or without notice.
Third-Party Links. This Website may be linked to other sites on the World Wide Web that are not under the control of or maintained by HawthorneCat.com. Such links do not constitute an endorsement by HawthorneCat.com of any such sites. You acknowledge that HawthorneCat.com is providing these links to you solely as a convenience to you. HawthorneCat.com is not responsible for the content or links displayed on such sites to which you may be linked. HawthorneCat.com does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk.
Third-Party Materials on the Website. This Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. HawthorneCat.com has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk.
Inaccuracies on the Website. Your use of the Website is at your own risk. The Website may include inaccuracies or errors that may affect the quality of the information provided on the Website and a possibility exists that unauthorized additions, deletions and alterations have been made to the Website by unauthorized third parties. The information has not been independently verified or authenticated in whole or in part by HawthorneCat.com. Although Hawthornecat.com attempts to ensure the integrity of the Website, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Website. In the event that such an inaccuracy arises, please inform us so that it may be corrected.
Articles and Commentary. In addition, this Website may post articles and commentary containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from HawthorneCat.com or official expressions of HawthorneCat.com. HawthorneCat.com does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although HawthorneCat.com believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, HawthorneCat.com cannot guarantee that such statements are reliable and accurate and HawthorneCat.com accepts no fault or liability for any error or omission with respect to such articles.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of this Website.
Indemnification. You agree to indemnify, defend and hold harmless HawthorneCat.com, it officers, directors, shareholders, partners, employees, agents, attorneys, affiliates, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys’ fees, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement or any applicable state or federal law or (b) use of the Website.
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. HAWTHORNECAT.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. HAWTHORNECAT.COM HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAWTHORNECAT.COM THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
You may have additional rights under certain laws (including consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Submissions. HawthorneCat.com welcomes your comments regarding the Website and HawthorneCat.com online services. If you send us any comments, suggestions, ideas, notes, drawings, marketing concepts or other information (collectively “Submissions”), the Submissions shall be deemed, and shall remain, the property of HawthorneCat.com. You hereby assign to HawthorneCat.com all now known or hereafter existing rights to the Submissions of every kind and nature, and agree that HawthorneCat.com shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. To the extent this assignment may be ineffective, you hereby grant HawthorneCat.com a royalty-free, nonexclusive, perpetual, unrestricted license, to reproduce, publish, transmit, perform, display, and otherwise use the Submission for any purpose whatsoever. No Submissions shall be subject to any obligation of confidence on the part of HawthorneCat.com. HawthorneCat.com shall not be liable for any use or disclosure of any Submissions.
Applicable Law. The laws of the State of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and us or our affiliates.
Arbitration. Exclusive jurisdiction for any dispute arising under this Agreement or any relationship between the parties shall be resolved through final, binding arbitration before a single neutral arbitrator appointed by JAMS in San Diego, California. The parties agree that the arbitrator shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Assignment. HawthorneCat.com has the right to assign or delegate this Agreement, in whole or in part, at any time.
Termination. We reserve the right, in our sole discretion, to terminate this Agreement and your access to the Website at any time, with or without notice, for any reason.