Disclaimer

C DIAMOND F, INC., NECKOVER TRAILERS WEBSITE TERMS AND CONDITIONS OF USE

READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE. YOUR CONTINUED USE OF THE SITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS OF USE.

This website (“Site”) is offered to you/user conditioned upon your acceptance without modification of the terms and conditions contained herein (“Terms of Use”). C Diamond F, Inc., Neckover Trailers may revise these Terms of Use at any time by updating this posting. By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties. This Site is operated by C Diamond F, Inc., Neckover Trailers from its offices within the United States. C Diamond F, Inc., Neckover Trailers makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS SITE.

USE RESTRICTIONS

The contents on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, and other material (collectively the “Materials”) are protected under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written permission of C Diamond F, Inc., Neckover Trailers and/or its licensors. Subject to your full compliance with these Terms of Use, C Diamond F, Inc., Neckover Trailers authorizes you to view the Materials on the Site and download a single copy of them, but only for your own lawful, personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other website or in a networked computer environment for any purpose is prohibited. Any rights not expressly granted herein are reserved.

You may not, without C Diamond F, Inc., Neckover Trailers’ written permission, “mirror” any Materials contained in this Site or any other server.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining, or any other means.

C Diamond F, Inc., Neckover Trailers reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason, or for no reason at all, without prior notice, or any notice.

DISCLAIMERS

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. C DIAMOND F, INC., NECKOVER TRAILERS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS OR OF ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH MATERIALS, STATEMENTS, OR INFORMATION SHALL BE AT YOUR SOLE RISK. C DIAMOND F, INC., NECKOVER TRAILERS WILL NOT BE RESPONSIBLE FOR ANY LOSS, HOWEVER ARISING, FROM USE OF, OR RELIANCE ON THE MATERIALS OR OF ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.

THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. C DIAMOND F, INC., NECKOVER TRAILERS DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND OF FITNESS FOR PARTICULAR PURPOSE. C DIAMOND F, INC., NECKOVER TRAILERS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS OR ANY STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE, ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, AND/OR SAID MATERIALS, STATEMENTS, OR INFORMATION.

C DIAMOND F, INC., NECKOVER TRAILERS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT DEFECTS WILL BE CORRECTED. C DIAMOND F, INC., NECKOVER TRAILERS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. C DIAMOND F, INC., NECKOVER TRAILERS MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE MATERIALS AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY AND DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL C DIAMOND F, INC., NECKOVER TRAILERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO, THE SITE, THE MATERIALS, OR ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT C DIAMOND F, INC., NECKOVER TRAILERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER SUBMISSIONS

C Diamond F, Inc., Neckover Trailers does not claim ownership of any information or material you provide to C Diamond F, Inc., Neckover Trailers or you post, upload, input, or submit to this Site by any means, including, without limitation, by email, chat room, bulletin board, or blog (“Submission”). Any Submission will be treated as non-confidential and non-proprietary and may be disseminated or used by C Diamond F, Inc., Neckover Trailers. By making a Submission, you automatically grant C Diamond F, Inc., Neckover Trailers an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such Submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed. Notwithstanding the foregoing, C Diamond F, Inc., Neckover Trailers is not required to use any Submissions.

You warrant and represent that you shall not transmit, post, upload, input, or submit to this Site any Submission that is, in whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful, or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the intellectual property, proprietary, or contractual rights of any third party.

C Diamond F, Inc., Neckover Trailers does not represent or guarantee the truthfulness, accuracy, or reliability of any information or material posted, uploaded, input, or submitted to this Site by users or endorse any statements, representations, or opinions expressed by users. Your reliance on information or material posted, uploaded, input, or submitted to this Site by other users shall be at your own risk.

C Diamond F, Inc., Neckover Trailers is not responsible for screening or monitoring information or material posted, uploaded, input, or submitted to this Site by users. If notified by a user of information or material posted, uploaded, input, or submitted to this Site allegedly in violation of these Terms of Use, C Diamond F, Inc., Neckover Trailers may investigate the allegation and determine in good faith and its sole discretion whether to remove such information or material. C Diamond F, Inc., Neckover Trailers shall have no liability or responsibility to users for performance or nonperformance of such activities.

C Diamond F, Inc., Neckover Trailers reserves the right to expel users and prevent their further access to the Site for violating these Terms of Use or the law, and the right to remove Submissions that, in its sole discretion, it deems to be in violation of these Terms of Use or the law.

INDEMNITY

You agree to defend, indemnify, and hold harmless C Diamond F, Inc., Neckover Trailers, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your Submissions, use of the Site, or the Materials on the Site and/or your breach of these Terms of Use.

LINKS

This Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by C Diamond F, Inc., Neckover Trailers of the contents on such third‑party websites. C Diamond F, Inc., Neckover Trailers is not responsible for the content of linked third‑party sites and does not make any warranty or representation regarding the content or accuracy of materials on such sites. Nor does C Diamond F, Inc., Neckover Trailers make any warranty or representation regarding, nor does it endorse, any linked third-party websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that C Diamond F, Inc., Neckover Trailers endorses or is affiliated or associated with, the linked-third-party site, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links. If you decide to access linked third‑party websites, you do so at your own risk.

PRIVACY POLICY

The Privacy Policy associated with this Site is located WITHIN THIS PAGE’S TABS and incorporated herein by reference.

MISCELLANEOUS

This Site is based in the State of Texas, United States of America. C Diamond F, Inc., Neckover Trailers makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the State of Texas. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and C Diamond F, Inc., Neckover Trailers with respect to the use of the Site. To be binding on C Diamond F, Inc., Neckover Trailers, any changes to these Terms of Use must be made in writing and must be signed by an authorized representative of C Diamond F, Inc., Neckover Trailers. Notwithstanding the foregoing, C Diamond F, Inc., Neckover Trailers, at its sole discretion and without notice, may revise these Terms of Use at any time by updating this posting.

PRIVACY POLICY

This Privacy Policy describes the terms of our commitment to your privacy.

PERSONS OR PARTIES COVERED

This Privacy Policy is intended to cover all visitors to any of Neckovers’ website, all subscribers to lists or newsletters whether paid or unpaid, all members or affiliates whether paid or unpaid, and all customers. Persons, who visit or view C Diamond F, Inc., Neckover Trailers websites, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as “Visitors” and are parties to this Privacy Policy. Subscribers to lists or Newsletters are referred to herein as “Subscribers” and are parties to the Privacy Policy. Persons who join an organization or marketing endeavor (e.g. “affiliates”) promoted by this website are called “Members” herein and are covered by this Privacy Policy. Finally, anyone who orders, attempts to order, or receives a product sold (recipients) or advertised on or delivered from this website, even at no cost, is called a “Customer” herein and is subject to this Privacy Policy not only by passive acceptance, but by virtue of the Purchase Agreement contract. The website, its agents, owners, operators, and employees are referred to collectively herein as “Website,” “Site,” and/or “Seller”.

PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED

In the event that a person excluded from this website because of the Terms of Use or from denial of service by the website, who nonetheless unlawfully views this site, that person remains subject to the terms of this Privacy Policy and is in violation of the Terms of Use.

PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE

This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.

VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY

Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the website. If you do not accept these terms, you have no right to visit this site and you are fraudulently using this site.

A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 -OPPA)

It is the intent of the Privacy Policy to comply with the California Act. Various provisions throughout this Privacy Policy address requirements of the act. In summary, you must presume that we collect electronic information from all visitors. This is not usually personally identifiable. If you purchase a product or service via this website (and thereby become covered by the Act), the purchase agreement you electronically sign prior to purchase allows the website to collect and archive all the personal information you provide and to transmit and/or transfer that personal information to third parties. There is no way you can modify this information and you have no right to do so. Under the terms of the purchase agreement, you have no right to view or receive any information about our database. In the event that the website, under the advice of counsel agrees to divulge information, the requesting party must submit whatever information is demanded by the website in insuring that the website is releasing information to the correct party. Other provisions of the OPPA may exempt this website from complying. While we take measures to ensure that outside parties do not have access to any information we have about you, we do not warranty that outside parties will not breach our system and thus have access to your information. (You should know that merchant service providers do not allow us access to your credit card information.) This Privacy Policy also is subject to change without notice. You are required to read it prior to using the website. By interacting with the website you agree to the terms and conditions of the Privacy Policy. By using the website or purchasing a product through this website, you waive the right to use state or federal court systems to address complaints and, instead, agree to use the American Arbitration Association located in a city and county specified herein.

ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED

This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways, such as:

VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION’

Registration means that the Visitor, Subscriber, Member or Customer takes active, positive steps to communicate information to this website. This can include pages or ‘pop ups’ where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.

Occasionally complete credit card information may be provided to the website via fax or a fill-in form rather than regular secure merchant service processing. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.

ONLINE ORDERING

Online ordering via SSL encrypted communication provided by shopping cart services supporting merchant service companies like Visa and Master Card provides information to the website but does not provide complete credit card numbers. In the process of online ordering, the customer provides, name, address, city, state, email address, phone number, CVV2 (back of card) number, and, occasionally a member password. You should consider all this information available to the website. This information is used to deliver the product, but under the Purchase Agreement, you also approve its use for general solicitation purposes.

VISITOR EMAIL INQUIRIES

Website visitors who wish to communicate with the website do so under two conditions: one, they give their permission for contact by the website; two, they are subject to any ‘submission’ provisions of the Terms of Use, Purchase Agreement, or this Privacy Policy. While your email address may or may not be used to solicit you, it is added to the website’s general solicitation database.

CUSTOMER EMAIL OR TESTIMONIALS

If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.

Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.

INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS

Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them. This site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that website does not have any control over what happens with this information, (4) that website takes no responsibility over the accuracy or content of advertisers, (5) that website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.

INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS

If you send a friend an email from this site or if you send the URL or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend. You must assume that referred emails or web pages may appear to come from your email. You must accept full responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.

INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS

Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, affiliates, marketing organization or used by the site itself for product design or solicitation purposes.

INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES’

Many websites, including this one, collect information about your computer, your email address, your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.

“Cookies” is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect the use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer.

Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations. “cookies” (also known as web beacons) enables us to monitor our web site traffic patterns for maintenance, website improvement, login access details, and also to serve you more efficiently when you visit or revisit our website. You can set your internet browser to completely block these cookies by clicking here. More specifically, we use various services and platforms for website traffic analysis and advertisement opportunities. These platforms also utilize cookies which you may consider disabling.

HOW INFORMATION MAY BE USED

The use of information as described below may or may not be how information that is collected is customarily used by this site. While actual use of any information collected may be used quite conservatively, you must assume that it is not. You must assume that the information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must assume that it is as you make your decision whether or not to view or interact with this website. This type of shared information may include your name, address, phone number, email address, and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.

INFORMATION THAT IS NOT SHARED

Credit card information or other financial information is not usually known to the website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of such information gives express permission to use it in fraud investigation or for litigation.

BULLETIN BOARDS AND PUBLIC FORUMS

Visitors, subscribers, members, or customers who use any site provided bulletin boards or other public forums, such as chat rooms, do so at their own risk. You may not assume that the site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.

SPAM

By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.

DATA SECURITY

This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.

QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS

You may direct questions, comments or reports to our contact page.

REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE

This Privacy Policy is dynamic. It will continually change. You may not assume that it remains the same and you agree to check the policy each time you visit the site for changes. Unless, in the sole opinion of the website, this policy changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to this Privacy Policy nor, under any circumstances, does this site promise notification. Your continued use of this site always evidences your acceptance of the terms this Privacy Policy or any modifications.

LATEST UPDATE

This Privacy Policy was last updated on: October 18, 2018

COPYRIGHT

This Privacy Policy is used under license. The copyright is owned by C Dimond F.

DISPUTES

As part of the consideration that the Website requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in Smith County, Texas.

In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified.

C Diamond F. 938 South Railroad Troup, Texas 75789

In the event that litigation is in a federal court, the proper court shall be the closest federal court to C Diamond F’s address.

APPLICABLE LAW

Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the Website owner(s).

Dealer Inventory Terms of Use

THESE TERMS OF USE (“TERMS”) PERTAIN TO THE SERVICE (“SERVICE”) OFFERED THROUGH NECKOVER.COM OR ITS OTHER DOMAIN HOLDINGS (“SITE”) BY C DIAMOND F, INC., NECKOVER TRAILERS (“COMPANY” OR “WE” OR “US”). PLEASE READ THE TERMS OF USE CAREFULLY. BY THIS USING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU ARE USING THIS SITE ON BEHALF OF AN ENTITY, COMPANY OR OTHER ORGANIZATION (“ORGANIZATION”), YOU AGREE THAT YOUR USE OF THIS SITE ALSO BINDS YOUR ORGANIZATION AND, IN SUCH EVENT, “YOU” ALSO MEANS YOUR ORGANIZATION. IF YOU OR YOUR ORGANIZATION DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE NECKOVER.COM.

Account Terms

1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2. You must provide a valid email address, and any other information requested in order to complete the submittal process.
3. You are responsible for maintaining the security of your account and password. We are not liable for any loss or damage resulting from you sharing or otherwise making known to others your credentials for accessing your account. You are liable for all actions taken through use of your account and/or password. You must notify us immediately if you suspect any unauthorized use of your account or access to your password.
4. You are responsible for all content posted or otherwise made available by you.
5. At our sole discretion, we reserve the right to suspend or terminate your account and refuse access to or use of the Service for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your Account or your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.

Inventory Submittal Terms

By submitting an Inventory Listing in the use of the Service you agree to abide by the following Submittal Terms.

1. You will not list ANY pricing on NECKOVER.COM or its other domain holdings. In doing so you agree that you are subject to Section 12. Termination of your C DIAMOND F, INC., NECKOVER TRAILERS Dealer Agreement. You may list terminology within the Product Description (NOT TITLE) that you are offering deep discount or clearance pricing.

2. You agree to only list inventory that is currently at your location(s). Pre-orders or pre-sold orders cannot be listed on the site or service.

3. You agree to only list Neckover Products on Neckover.com and its other domain holdings. In submitting other manufactures products, you agree you are subject to Section 12. Termination of your C DIAMOND F, INC., NECKOVER TRAILERS Dealer Agreement.

4. You promise to submit proper and correct product descriptions to Neckover.com and its other domain holdings. Due to the customizable nature of each product order, you are responsible for full and accurate listing and depiction of floor plans and options for each submitted product.

Modifications to the Service and Prices

1. We reserve the right at any time to temporarily or permanently modify or discontinue the Service (or any part thereof) without notice.
2. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Ownership and Intellectual Property

1. We own the Site, the Service and all intellectual property rights associated with them. Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site. You retain rights to your Content and your Submission. By submitting any material including Content to any Public area of the Site (including, but not limited to, blog, user commenting, social media), you automatically grant, or warrant that the owner of such material has expressly granted, us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such content, in whole or in part and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You permit the Site to present and store your Content and make Content available to companies to whom you have submitted Content. You retain Ownership of Content unless you give express, written consent to an Organization to use Content in any form.
2. All logos and trademarks appearing on the site are the property of their respective owners.
3. DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to C DIAMOND F, INC., NECKOVER TRAILERS’s Copyright Agent at lacy@neckover.com (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:

DMCA Takedown Request
ATTN: Neckover Marketing

938 South Railroad
Troup, Texas 75789

• A description of the copyrighted work that you claim has been infringed and a description of where such work is located on the Site;
• Your name, address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

Data

1. We strive to maintain accurate and current data, but because of the methods in which data is received and derived, we cannot guarantee accuracy and completeness of the content.
2. Our data is supplied through recorded media and through the internet. In cases where data is received through the Internet, we cannot guarantee Service will be operational 24 hours a day, 7 days a week to supply current data. Therefore, the data is provided as reference only and the Service must not employed in operational use. Caution and discretion is advised.
3. Our servers may experience planned or unplanned down time and may not be available 24 hours a day, 7 days a week.

Use of the Service and Site

Illegal Use

The transmission, distribution, retrieval or storage of any data or other material in violation of any

applicable law or regulation is prohibited. This includes, without limitation, data or other material which:

1. Infringes any copyright, trademark, trade secret, patent or other intellectual property.
2. Constitutes an illegal threat made against any person or organization.
3. Violates export control laws or regulations.
4. Is obscene, pornographic, indecent, or defamatory.
5. Constitutes an attempt to defraud others.

Forgery

Neither the Site nor the Service may be used in a manner which purposely alters or forges any user’s identity. Users may not engage, without limitation, in the following activities:

1. Sending any message or transmitting any electronic communication using a name or address other than user’s own for purposes of deception.
2. Impersonating someone else by altering user’s source IP address or by using forged headers or other identity information.
3. Fraudulently concealing, forging or otherwise falsifying user’s identity in connection with any use of the web site(s) or services.

Security

Neither the Site nor the Services may be used to violate system or network security; such behavior may result in criminal or civil liability. No user may engage in the following activities:

1. Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.
2. Engaging in any activities that may interfere with the ability of others to access or use the Site, the Services or the Internet (i.e., Denial of Service attacks).
3. Monitoring any data, information or communications on any network or system not owned by user without authorization.
4. Gaining unauthorized access to the user accounts or passwords of other users of any system.
5. Attempting to intercept, redirect or otherwise interfere with communications intended for others.
6. Knowingly transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs. We will take into account the state of the art, the costs of implementation and the nature, scope, context and purposes of providing our services to you as well as the risk, likelihood and severity of harm to your rights and freedoms when choosing to implement appropriate technical and organizational security measures.

We may implement the following as appropriate:

1. Utilizing encryption;
2. Conducting audits of ongoing confidentiality, integrity, availability and resilience of processing systems and services;
3. Performing scans when restoring availability and access to personal data in the event of a physical or technical incident;
4. testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

E-Mail

Neither the Site nor the Services may be used to distribute electronic mail in an improper or illegal manner. Users may not engage, without limitation, in the following activities:

1. Transmitting unsolicited mass or commercial e-mail (i.e., spamming) for any purpose.
2. Enlisting a third party to transmit unsolicited e-mail on the user’s behalf.
3. Collecting responses from unsolicited mass or commercial e-mail, or advertising any website or the user’s identity in such e-mail.
4. Transmitting a large amount of e-mail to a recipient with the intent to disable their system (i.e., mailbombing).
5. Using another party’s electronic mail server to relay e-mail without express permission.
6. Any e-mail message containing informational or commercial content is considered unsolicited unless it is sent to a recipient who expressly requested receipt of such e-mail via an “opt-in” process. It is each user’s responsibility to prove that the recipient explicitly requested inclusion on an e-mail list by direct action, preferably with evidence of confirmation by the recipient (i.e. “double opt-in”). In the absence of positive, verifiable proof to the contrary, we will consider a complaint by an e-mail recipient to be de-facto proof that the recipient did not request the e-mail about which a complaint was generated.

Hosting

1. We utilize a third party to provide hosting for the Service and reserve the right to change providers.
2. All access to the Services will be subject to the terms and conditions required by the Hosting Provider (“Hosting Provider Terms”).
3. We request that third party hosting service providers provide sufficient guarantees that they implement appropriate technical and organizational measures in order to meet the requirements of our Privacy Policy and ensure the protection of your rights.

Indemnification

You agree to indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site or Services and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE OR THE SERVICE. THE SITE AND THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR SUPPLIERS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL WE, OUR SUPPLIERS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL   THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE AND THE SERVICE AND (B) $500.

Third Party Links

The content on the Site does not necessarily reflect the opinions or policies of our company or its officers. Profiles and third-party applications created and posted by users on the Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements or third-party applications that are posted on or through the Site, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Site including, without limitation, any content posted by any user.

Monitoring

We have the right, but no obligation, to monitor the content and usage of the Site (including discussion spaces, chat rooms and forums), to, among other things, determine compliance with these conditions of use and any operating rules established by us and to satisfy any law, regulation or authorized government request. We also have the right and sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, we have the right to remove any material that we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.

Spyware and Viruses

We assume no responsibility, and are not be liable for any damages resulting from any spyware or viruses that may infect your computer equipment or other property resulting from your access to, use of, or downloading of any materials, data, text, images, video, or audio from the site.

Amendments

We retain the right at any time to change or modify the terms and conditions applicable to use of the Site, the Services or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the Site or the Service by you after such notice shall constitute acceptance of such changes, modifications, additions or deletions. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site.

Applicable Law

Those who access or use the Service from all jurisdictions, domestic and foreign, do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations of that jurisdiction, including, but not limited to those related to creating and participating in contests, drawings, and sweepstakes.

Submissions

In connection with User Submissions, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the legal owner to post the material and to grant C DIAMOND F, INC., NECKOVER TRAILERS all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage C DIAMOND F, INC., NECKOVER TRAILERS or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party’s rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) submit or transmit any viruses, worms, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (f) violates C DIAMOND F, INC., NECKOVER TRAILERS’s Acceptable Use Policy; (g) or impersonate another person. C DIAMOND F, INC., NECKOVER TRAILERS does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and C DIAMOND F, INC., NECKOVER TRAILERS expressly disclaims any and all liability in connection with User Submissions. C DIAMOND F, INC., NECKOVER TRAILERS does not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services, and C DIAMOND F, INC., NECKOVER TRAILERS will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. You acknowledge that C DIAMOND F, INC., NECKOVER TRAILERS and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse or remove Content and User Submissions without prior notice. C DIAMOND F, INC., NECKOVER TRAILERS also reserves the right to terminate a User’s access to the Website and Services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Services more than twice. C DIAMOND F, INC., NECKOVER TRAILERS also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. C DIAMOND F, INC., NECKOVER TRAILERS may, at its sole discretion, remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice.

Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

PRICES: Prices shown are list prices and are subject to change without notice. All shipments will be at prices prevailing at the date of order.

RETURNS: No product or part can be returned for credit unless written authorization by Neckover has been given in advance via Return Merchandise Authorization number. Returned merchandise that was shipped as ordered is subject to a 15% restocking charge, and possibly more, depending on the condition and age of the returned goods. The return of obsolete, discontinued, modified or special order parts is not permissible. Merchandise shipped in error will be allowed full credit upon return.

SALES TAX EXEMPTION: All merchandise sold by this website is intended for non-resale.

DAMAGES OR SHORTAGES IN SHIPMENT IN ROUTE: Neckover is not liable for damage or loss of merchandise once it has left our selected warehouse. Purchaser is solely responsible for filing any loss or damage claims against the carrier, upon receipt of the merchandise. We will make a reasonable attempt to assist you in securing an adjustment for any loss or damage, provided you have filed with the carrier. Claims for shortages in shipments must be made within 5 days of receipt of goods.