WEBSITE USE AGREEMENT AND DISCLAIMER OF LIABILITY
EFFECTIVE: June 21, 2013
PLEASE READ THIS AGREEMENT CAREFULLY. By accessing www.TALONGrips.com and/or www.TALONGunGrips.com (the “website”), you agree to be bound by the following terms and conditions, which are subject to change without notice, and which constitute the entire agreement between you and TALON Grips, and govern your use of the website. If you do not agree to the terms and conditions, do not use the website.
Welcome to www.TALONGrips.com and/or www.TALONGunGrips.com. TALON Grips, Inc. and its affiliates ("we," "us" or "TALON Grips") provide the information, data, documents, prices, applications, text, images, graphics, video, audio, and all other content (collectively “Content”) contained on the website for informational purposes only. By accessing the website, you, and any parties on whose behalf or for whose benefit you access, view, or otherwise use (collectively “use”) the website, (collectively, "you" or "User"), agree to be legally bound by and comply with the terms and conditions contained within this Website Use Agreement and Disclaimer of Liability (the "Agreement"). This Agreement governs the use of the website including all Content contained therein and limits the liability of TALON Grips resulting from any use of such Content.
Accessing or otherwise using the website constitutes your acceptance of the terms and conditions of this Agreement. You represent and warrant that you have the legal authority to accept this Agreement on behalf of yourself and any parties on whose behalf or for whose benefit you access or otherwise use the website. The website is not intended to be used by children under 13 years of age.
2. PERMISSION TO USE.
TALON Grips hereby grants User permission to use the website subject to the terms and conditions of this Agreement. Use of certain pages, sections, portions, or components (collectively “Pages”) of the website may be subject to additional terms relating to privacy of personal information or other matters as may be provided in a separate warning, notice, policy, or agreement (collectively “agreements”). All such additional agreements are hereby incorporated into this Agreement. To the extent that such additional agreements provide for additional restrictions on your use of the website or additional limitations of liability, such restrictions or additional limitations of liability shall be in addition to those provided under this Agreement. The website may be used only for personal noncommercial informational purposes only, and you may not use the website for any purpose that is unlawful or prohibited by this Agreement. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other person’s use and enjoyment of the website. The website is intended to be used by residents of the United States and its territories only. You agree to be bound by and to comply with this Agreement which may be modified from time to time. You also agree to be bound by and to comply with all applicable government laws and regulations pertaining to your use of the website and its contents. TALON Grips may cancel your permission to use all or any part of the website at any time for any reason in the sole discretion of TALON Grips. Your permission to use the website shall automatically terminate in the event that you violate this Agreement.
3. THIRD-PARTY WEBSITES/VENDORS.
The website may contain advertisements for third-parties, information about third-parties, links to third-party websites, and/or information or content provided by third-parties. The owners and affiliates of such providers are referred to in this Agreement as "Third-Party Vendors." Such advertisements, information and links do not and shall not be construed as approval or endorsement of such vendors or their websites by TALON Grips. TALON Grips makes no representation concerning the lack of any viruses on any third party website to which our website links, and TALON Grips shall have no liability resulting from your use of any such third party website. If you choose to contact, visit the websites, or transact business with Third-Party Vendors, you do so at your own risk, and your use of their websites is subject to any applicable rule, terms, and policies of such Third-Party Vendors. TALON Grips is not and shall not be construed to be a party to any transactions that may be entered into between you and Third-Party Vendors.
4. USER POSTINGS.
6. CHANGES TO WEBSITE; LIMITATION OF AVAILABILITY.
At any time and for any reason in our sole discretion, we may modify or discontinue any aspect or feature of the website. The availability of the website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond our reasonable control including computer viruses or failure of Internet infrastructure. You acknowledge and agree that we shall not be responsible for any interruptions of the availability of the website.
7. EXCLUSIVE USER REMEDY; TYPOGRAPHICAL ERRORS.
In the event that you are dissatisfied with any aspect of the website, your sole remedy shall be to discontinue use of the website. The content of the website may contain errors, omissions or typographical errors, for which TALON Grips shall not be liable. In the event that a product, service, or price is listed incorrectly due to an inaccuracy, typographical error, or error in pricing information, TALON Grips shall not be liable to you for any claim whatsoever arising from the inaccuracy and shall have the right to refuse or cancel any orders placed for product or service(s) listed at the incorrect price. If your credit card has already been charged for the purchase and your order is canceled, TALON Grips shall issue a credit to your credit card account in the amount of the incorrect price.
8. DISCLAIMER OF WARRANTIES.
TALON Grips does not guarantee or warrant the accuracy, completeness, suitability, availability, or timeliness of anything posted on the website. Prices and availability of products are subject to change without notice. The website should not be relied upon for personal, medical, legal, or financial information or decisions, and you should consult an appropriate professional for specific advice tailored to your situation.
THE WEBSITE IS PROVIDED "AS-IS" WITH ALL FAULTS, AND TALON GRIPS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, TALON GRIPS DOES NOT WARRANT THAT THE WEBSITE WILL FULFILL ANY USER'S PARTICULAR REQUIREMENTS, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THE WEBSITE IS ACCURATE. TALON GRIPS DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY VENDOR.
9. DISCLAIMER OF LIABILITY.
NEITHER TALON GRIPS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY TO ANY USER OR ITS PRINCIPALS OR AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TALON GRIPS IS PROVIDING ACCESS TO THE WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL TALON GRIPS’ LIABILITY TO USER EXCEED THE FEES ACTUALLY PAID BY USER FOR USE OF THE WEBSITE.
10. PROPRIETARY RIGHTS; RESTRICTIONS.
You acknowledge and agree that the website's content, design, code, underlying technology and related items are proprietary to TALON Grips (or our licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of content on the website by TALON Grips or our subsidiaries and affiliates does not constitute a waiver of any right in such content. This Agreement does not provide you with any right or interest in our proprietary rights related to the website or otherwise, and all such rights shall continue to be owned by TALON Grips (or our licensors or vendors if applicable). Except to the extent express written permission is given to you by TALON Grips, you shall not copy, reproduce or otherwise duplicate the Website or its content, in whole or in part, or access or attempt to access any of our systems, programs, data, code, underlying technology, or content that is not made available for public use, or use any content on the website other than for its intended purpose. Permission is hereby given to you to view, print or download information on the website that is made available by TALON Grips for public viewing, printing or downloading, for your own personal, non-commercial informational use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Placing links to the website on other sites is prohibited absent TALON Grips’ permission. Data mining, harvesting or similar collection of email addresses or other information on the Website is prohibited. The trademarks appearing on the website are trademarks of TALON Grips or others and may not be used without the express written permission of TALON Grips or their respective owners. If you believe that any content or other aspects of the website infringe upon your rights or the rights of others, you should provide notice to us at the following address: TALON Grips, Inc., 2522 Copper Ridge Drive, #B5, Steamboat Springs, CO 80487, in which event we may elect to investigate the matter further.
11. CHOICE OF LAW AND FORUM; ATTORNEYS' FEES; INDEMNIFICATION.
This Agreement shall be governed exclusively by its terms and by the laws of the United States and the State of Colorado as applied to contracts entered into in Colorado between Colorado residents without regard to the state's rules concerning choice of law. You hereby expressly consent and agree to exclusive jurisdiction and venue in Routt County, Colorado with respect to any litigation arising out of or relating to this Agreement, provided that we may bring an action to enforce our rights in any forum having jurisdiction. In the event we are required to incur any attorneys’ fees, costs or other expenses in connection with enforcing or defending our rights under this Agreement, you shall reimburse us for such attorneys' fees, costs and expenses. User agrees to indemnify TALON Grips against any and all claims, actions, costs and expenses, including attorneys' fees, arising from the User's use of the website or breach of this Agreement.
12. OTHER PROVISIONS.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement shall control over any conflicting documents or information, including information on the website. We may modify the terms of this Agreement from time to time by posting changes to this Agreement on the website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. You agree to review this Agreement from time to time and comply with any changes. Any use of the website after our posting of any such changes shall constitute your acceptance of this Agreement as modified. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party. Any rights not expressly granted to User in this Agreement are reserved by TALON Grips.