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Terms & Conditions
Welcome to the Annie Oakley website (the "Site").
Annie Oakley provides the content
and services available on the Site
to you subject to the following
terms and conditions ("Terms
and Conditions"). By
accessing or using the Site, you
are acknowledging that you have
read, understand, and agree,
without limitation or
qualification, to be bound by
these Terms and Conditions which
include our Privacy
Policy. These Terms and Conditions were last updated on 10/15/2007.
Privacy
Please review our Privacy Policy, which also governs your visit to the
Site, so that you may understand
our privacy practices.
Purchase Related Policies
The products and services
available on the Site, and any
samples thereof we may provide to
you, are for personal use only.
You may not sell or resell any of
the products or services, or
samples thereof, you purchase or
otherwise receive from us. We
reserve the right, with or without
notice, to cancel or reduce the
quantity of any orders that we
believe, in our sole discretion,
may result in the violation of our
Terms and Conditions. For
additional policies related to
orders placed through this Site
(such as order processing,
shipping and handling, returns and
exchanges), click here.
Accuracy of Information
We attempt to be as accurate as
possible when describing our
products on the Site; however, to
the extent permitted by applicable
law, we do not warrant that the
product descriptions, colors or
other content available on the
Site are accurate, complete,
reliable, current, or error-free.
Intellectual Property
All content available on the Site,
including but not limited to text,
graphics, logos, button icons,
images, audio clips, data
compilations and software, and the
compilation thereof (collectively,
the "Content") is
the property of Annie Oakley, our
affiliates, partners or licensors,
and is protected by United States
and international copyright laws.
The trademarks, logos, and service
marks displayed on the Site
(collectively, the "Trademarks")
are the registered and
unregistered marks of Annie
Oakley, our affiliates, partners
or licensors, in the United States
and other countries, and are
protected by United States and
international trademark laws.
Except as set forth in the limited
licenses in Section LIMITED
LICENSES below, or as required
under applicable law, neither the
Content or Trademarks nor any
portion of the Site may be used,
reproduced, duplicated, copied,
sold, resold, accessed, modified,
or otherwise exploited, in whole
or in part, for any purpose
without our prior written consent.
Limited Licenses
We grant you a limited, revocable,
and non-exclusive license to
access and make personal use of
the Site. This limited license
does not include the right to: (i)
frame or utilize framing
techniques to enclose the Site or
any portion thereof; (ii) modify
or download the Site or Content
(except caching or as necessary to
view the Site); (iii) make any use
of the Site or Content other than
personal use; (iv) create any
derivative work based upon either
the Site or Content; (v) collect
account information for the
benefit of yourself or another
party; (vi) use any meta tags or
any other "hidden text"
utilizing our name or the
Trademarks or to otherwise use the
Trademarks; or (vi) use software
robots, spiders, crawlers, or
similar data gathering and
extraction tools, or take any
other action that may impose an
unreasonable burden or load on our
infrastructure. We also grant you
a limited, revocable, and
nonexclusive license to create a
hyperlink to the home page of the
Site for personal, non-commercial
use only. A website that links to
the Site (i) may link to, but not
replicate, our Content; (ii) may
not imply that we are endorsing
such website or its services or
products; (iii) may not
misrepresent its relationship with
us; (iv) may not contain content
that could be construed as
distasteful, obscene, offensive or
controversial, and may contain
only content that is lawful and
appropriate for all ages; (v) may
not portray us or our products or
services, in a false, misleading,
derogatory, or otherwise offensive
or objectionable manner, or
associate us with undesirable
products, services, or opinions;
(vi) may not use any Trademark;
and (vii) may not link to any page
of the Site other than the home
page. We may, in our sole
discretion, request that you
remove any link to the Site, and
upon receipt of such request, you
shall immediately remove such
link. Any unauthorized use by you
of the Site terminates the limited
licenses set forth in this Section
LIMITED LICENSES without
prejudice to any other remedy
provided by applicable law or
these Terms and Conditions.
Your Obligations and
Responsibilities
In the access or use of the Site,
you shall comply with these Terms
and Conditions and the special
warnings or instructions for
access or use posted on the Site.
You shall act always in accordance
with the law, custom and in good
faith. You may not make any change
or alteration to the Site or any
Content or services that may
appear on this Site and may not
impair in any way the integrity or
operation of the Site. Without
limiting the generality of any
other provision of these Terms and
Conditions, if you default
negligently or willfully in any of
the obligations set forth in these
Terms and Conditions (including
our Privacy Policy), you shall be
liable for all the losses and
damages that this may cause to
Annie Oakley, our affiliates,
partners or licensors.
Your Account
You may choose to create an
account at our Site. If you do,
you will have an email
address/username and password for
your account. You are responsible
for maintaining the
confidentiality of your account,
username and password and for
restricting access to your
computer. You agree to accept
responsibility for all activities
that occur under your account,
username and/or password. You
agree to provide only accurate,
truthful information.
We reserve the right to refuse
service and/or terminate accounts
without prior notice if you
violate these Terms and Conditions
or if we decide, in our sole
discretion, that it would be in
Annie Oakley’s best interests to
do so.
Third Party Links
We are not responsible for the
content of any off-website pages
or any other websites linked to or
from the Site. Links appearing on
the Site are for convenience only
and are not an endorsement by
Annie Oakley, our affiliates or
our partners of the referenced
content, product, service, or
supplier. Your linking to or from
any off-website pages or other
websites is at your own risk. We
are in no way responsible for
examining or evaluating, and we do
not warrant the offerings of,
off-website pages or any other
websites linked to or from the
Site, nor do we assume any
responsibility or liability for
the actions, content, products, or
services of such pages and
websites, including, without
limitation, their privacy policies
and terms and conditions. You
should carefully review the terms
and conditions and privacy
policies of all off-website pages
and other websites that you visit.
Submissions
It is our policy to decline
unsolicited suggestions and ideas.
Notwithstanding our policy with
regard to unsolicited suggestions
and ideas, any inquiries,
feedback, suggestions, ideas or
other information you provide us
(collectively, "Submissions")
will be treated as non-proprietary
and non-confidential. Subject to
the terms of our Privacy Policy, by transmitting or posting any
Submission, you hereby grant us a
nonexclusive, royalty-free,
perpetual, transferable,
irrevocable, and fully
sub-licensable right to use,
reproduce, modify, adapt, publish,
sell, assign, translate, create
derivative works from, distribute
and display any Submission in any
form, media, or technology,
whether now known or hereafter
developed, alone or as part of
other works. You also acknowledge
that your Submission may not be
returned and we may use your
Submission, and any ideas,
concepts or know how contained
therein, for any purpose
including, without limitation,
developing, manufacturing,
distributing and marketing
products.
If you make a Submission, you
represent and warrant that you own
or otherwise control the rights to
your Submission. You further
represent and warrant that such
Submission does not constitute or
contain software viruses,
commercial solicitation, chain
letters, mass mailings, or any
form of "spam." You may
not use a false email address,
impersonate any person or entity,
or otherwise mislead us as to the
origin of any Submission. You
agree to indemnify us for all
claims arising from or in
connection with any claims to any
rights in any Submission.
Representations and Warranties; Limitation of
Liability
THE SITE IS PRESENTED "AS
IS." WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THESE
TERMS AND CONDITIONS OR THE SITE,
INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, EXCEPT TO THE
EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. YOU AGREE THAT, TO THE
FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WE WILL NOT BE
RESPONSIBLE OR LIABLE (WHETHER IN
CONTRACT, TORT OR OTHERWISE),
UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS; (b)
ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO THE SITE; (c)
DATA NON-DELIVERY, MISDELIVERY,
CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (D) LOSS OR DAMAGES
OF ANY SORT INCURRED AS A RESULT
OF DEALINGS WITH OR THE PRESENCE
OF OFF-WEBSITE LINKS ON THE SITE;
(E) COMPUTER VIRUSES, SYSTEM
FAILURES OR MALFUNCTIONS WHICH MAY
OCCUR IN CONNECTION WITH YOUR USE
OF THE SITE, INCLUDING DURING
HYPERLINK TO OR FROM THIRD PARTY
WEBSITES (F) ANY INACCURACIES OR
OMISSIONS IN CONTENT OR (G) EVENTS
BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT
PERMITTED BY LAW, WE WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) RELATED TO THE SITE
REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT OR
OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR
MAXIMUM AGGREGATE LIABILITY EXCEED
ONE HUNDRED DOLLARS ($100.00).
Indemnification
You agree to defend, indemnify and
hold us harmless for any loss,
damages or costs, including
reasonable attorneys' fees,
resulting from any third party
claim, action, or demand resulting
from your use of the Site. You
also agree to indemnify us for any
loss, damages, or costs, including
reasonable attorneys' fees,
resulting from your use of
software robots, spiders,
crawlers, or similar data
gathering and extraction tools, or
any other action you take that
imposes an unreasonable burden or
load on our infrastructure.
Disputes
With respect to any dispute
regarding the Site, all rights and
obligations and all actions
contemplated by these Terms and
Conditions shall be governed by
the laws of Indiana, as if the
Terms and Conditions were a
contract wholly entered into and
wholly performed within Indiana.
Any dispute relating in any way to
your visit to the Site shall be
submitted to confidential
arbitration in Indiana, except
that, to the extent you have in
any manner violated or threatened
to violate our intellectual
property rights or the
intellectual property rights of
our affiliates, partners or
licensors, we may seek injunctive
or other appropriate relief in any
court and you consent to exclusive
jurisdiction and venue in any such
court. Arbitration under this
agreement shall be conducted under
the rules then prevailing of the
American Arbitration Association.
The arbitrator's award shall be
binding and may be entered as a
judgment in any court of competent
jurisdiction. To the fullest
extent permitted by applicable
law, no arbitration under this
Agreement shall be joined to an
arbitration involving any other
party subject to this Agreement,
whether through class arbitration
proceedings or otherwise.
General
You acknowledge and agree that
these Terms and Conditions, which
include our Privacy Policy, constitute the complete and exclusive agreement between us concerning
your use of the Site, and
supersede and govern all prior
proposals, agreements, or other
communications.
We reserve the right, in our sole
discretion, to change these Terms
and Conditions at any time by
posting the changes on the Site.
Any changes are effective
immediately upon posting to the
Site. Your continued use of the
Site constitutes your agreement to
all such terms and conditions. We
may, with or without prior notice,
terminate any of the rights
granted by these Terms and
Conditions. You shall comply
immediately with any termination
or other notice, including, as
applicable, by ceasing all use of
the Site.
Nothing contained in these Terms
and Conditions shall be construed
as creating any agency,
partnership, or other form of
joint enterprise between us. Our
failure to require your
performance of any provision
hereof shall not affect our full
right to require such performance
at any time thereafter, nor shall
our waiver of a breach of any
provision hereof be taken or held
to be a waiver of the provision
itself. In the event that any
provision of these Terms and
Conditions shall be unenforceable
or invalid under any applicable
law or be so held by any
applicable arbitral award or court
decision, such unenforceability or
invalidity shall not render these
Terms and Conditions unenforceable
or invalid as a whole. We will
amend or replace such provision
with one that is valid and
enforceable and which achieves, to
the extent possible, our original
objectives and intent as reflected
in the original provision. If you
have any questions regarding these
Terms and Conditions, please
contact us at MyService@AnnieOakley.com
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