1. Modification of Terms. Cactus reserves the right to modify these terms and conditions in its sole discretion. Any additional or revised terms and conditions will be effective upon posting them to this Site.
2. United States Usage. Cactus operates this Site from the State of Arizona and it is governed by the state and federal laws of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law. Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of the Site on any other Web site or web page. Competitors and third party aggregators may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without written permission. This prohibition is not intended to restrict the non-commercial activities of individuals.
3. Intellectual Property. This agreement is in the English language only, which language shall be controlling in all respects, and all versions of the agreement in any other language shall be for accommodation only and shall not be binding on the parties to this agreement. All communications and notices made or given pursuant to this agreement, and all documentation and support to be provided, unless otherwise noted, shall be in the English language.
4. Misuse of Site. Do not misuse this Site. For example, do not interfere with the operation of this Site, or damage or modify this Site or any materials on this Site.
5. Errors. Cactus does not warrant that the materials on this Site are accurate, complete, reliable, current, or error free.
6. Limitation of Liability. In no event shall Cactus be liable for any direct, incidental, or consequential damages, or any other damages of any kind, resulting from the use of this Site. You are solely responsible for determining whether information and materials on this Site are accurate and suitable for your use.
7. Third-Party Links. If hypertext links are provided to third-party websites or materials, this is for your convenience only and Cactus does not operate or control any such websites or information, or endorse such websites or information.
8. Language. This agreement is in the English language only, which language shall be controlling in all respects, and all versions of the agreement in any other language shall be for accommodation only and shall not be binding on the parties to this agreement. All communications and notices made or given pursuant to this agreement, and all documentation and support to be provided, unless otherwise noted, shall be in the English language.
Dispute Resolution. This agreement shall be governed by the laws of the State of Arizona, and the United States of America. The parties agree that this agreement is not subject to and shall not be interpreted under the United Nations Convention on Contracts for the International Sale of Goods. Any disputes or differences relating to this agreement shall be referred to and finally resolved by arbitration in accordance with the American Arbitration Rules (the “AAA Rules’). The number of arbitrators shall be one and he or she shall be appointed in accordance with the AAA Rules. The place of the arbitration shall be Phoenix, Arizona, United States, and the language of the arbitration shall be English. Upon request from one of the parties, the arbitrator shall have an emergency, telephonic hearing to determine whether immediate preliminary injunctive relief is required to protect that party’s interests and, if such an arbitration order is issued, that party may immediately request the courts in any applicable jurisdiction to enforce such award. All and any awards of the arbitrators shall be made in writing and shall be final and binding on the parties. To the extent possible, the final award shall be made within six (6) months from the appointment of the arbitrator, or as soon as possible thereafter. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs, and the arbitrator shall specifically identify the “prevailing party” for this purpose in the arbitration award. The parties agree to keep confidential the existence and details of any proceedings under this clause, including the parties’ submissions and evidence, and any awards (their content, reasons and result), except to the extent that such documents or information are in the public domain or their disclosure is required by a statutory duty or is reasonably necessary to protect or pursue a legal right or remedy arising out of or in connection with any award or this agreement.