PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. These terms and conditions may be changed in the future without further notice. Please check this page for periodic changes. Continued use of this website after any such revision or modification constitutes your acceptance of the terms and conditions as so revised or modified. Further, these terms and conditions apply exclusively to your access to, and use of, this website, supersede all prior or contemporaneous agreements and understandings with respect to this website, and do not alter in any way the terms or conditions of any other agreement you may have with Terry Battisti Outdoors (“TBO”) for publications, products, services, or otherwise.
Questions or comments about this website may be directed to Terry Battisti at firstname.lastname@example.org.
You agree to comply with all of these terms and conditions, and all applicable laws, regulations, and rules when you use this website. This website is provided only for your personal, non-commercial use. We may deny your access to this website and pursue any available legal remedies if we determine, in our sole discretion, that you have breached any of these terms and conditions, including, but not limited to, any act which infringes or violates the rights of others.
This website is controlled, maintained and operated by TBO. While TBO endeavors to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies or omissions and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.
This websites is not for use by minors. We offer products and services that may be appropriate for minors, but if you are under the age of 18 you may use this website only with the involvement of a parent or guardian.
This website provides registered Members with access to the ability to comment on articles posted by TBO and maintained by TBO. To register, you must be at least 18 years old and complete the applicable on-line registration forms. You agree that all information provided on your registration form is accurate. You acknowledge and agree that TBO may, in its sole discretion and with or without any notice to you, suspend or discontinue your current or future access to this website..
The comment function is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.
The comment function accessible through this website is provided only for readers’ personal use and convenience and may be used only to post comments relevant to a prescribed topic. You may only post material for which you have the right to use, disclose, copy, display and license or sublicense, in accordance with all applicable laws and regulations. You further agree that you will not use this website to:
- submit, display or transmit any material in violation of any proprietary rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules and regulations;
- submit, display or transmit any commercial messages, duplicative messages, promotions, advertisements, surveys, contests, chain letters, pyramid schemes, or the like;
- forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any material;
- threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity including, without limitation, rights of privacy or publicity;
- publish, post, display or disseminate any knowingly untrue, profane, obscene, indecent, unlawful, terrorist, violent or hateful material;
- collect, store, publish, post, sell, transmit or disclose personal data about other persons, transmit unsolicited commercial email to other persons, or sell personal data any person;
- upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs;
- restrict or prevent any other other person from using the website; or
- create or disseminate a negative thread about an individual or individuals.
Except as provided in a separate written agreement between you and TBO, you agree that all material that you submit to this website are non-confidential and TBO shall be entitled to unrestricted use of such material. As such, TBO is granted a perpetual worldwide, fully paid, non-exclusive right, including any moral rights and with unfettered rights of assignment, and license to make, use, offer for sale, sell, distribute, reproduce, modify, adapt, publish, translate, create derivative works from, communicate to the public, perform, and display, in whole or in part, and/or to incorporate it in any other works in any form, media, or technology now know or later developed, for the full term of any rights that may exist in any such material, without any obligation of accounting.
TBO is not be responsible for, and disclaims all liability in connection with use of any material submitted, posted or display on the Forums. You should use caution when posting material, or any other information, including but not limited to personally identifiable information, to this website.
You agree that you will not access or attempt to access any systems or servers on which this website is hosted or modify or alter the website in any way.
“Confidential Access Information” includes any login, identifier or password. You acknowledge and agree to maintain the confidentiality of all Confidential Access Information, and you may not disclose such Confidential Access Information to any other person or entity, or permit any other person or entity, whether or not a Member, to access the Forums. You also agree to notify TBO immediately of any unauthorized use of any Confidential Access Information or any other breach of security of which you are aware. You may not use any Confidential Access Information that is not issued directly to you or approved by TBO.
TBO has no obligation to monitor material posted to this website. However, TBO reserves the right to review submitted material, and to remove, delete, redact or otherwise modify such, in TBO’s sole discretion and for any reason whatsoever, at any time and from time to time, without notice or further obligation to you. TBO has no obligation to display or post any material provided by you. TBO reserves the right to disclose, at any time and from time to time, any material posted or provided to this website that TBO deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
By submitting, uploading or posting material to this website, you grant TBO permission to use such Material, and grant to us the worldwide, non-exclusive, irrevocable, royalty-free right to use, copy, distribute, publish, display, transmit, transfer, modify, translate and reformat such materials, publish your screen name in connection with your material and sublicense such material to any of TBO’s affiliates or service providers or any third party. You acknowledge and agree that you are not entitled to receive any compensation for any material.
In addition, you represent and warrant that: (i) you own, or otherwise have the license, permission, consent, or other requisite and sufficient legal right to submit any material submitted by you; (ii) you will not submit, without legal permission or authorization any material that is subject to any copyright or other proprietary right of any third party; and (iii) you have all necessary consents and/or waivers of any rights of privacy or publicity associated with such material.
INTELLECTUAL PROPERTY RIGHTS
Copyright Infringement. Any copyright owner or authorized agent who believes that any materials, information or text displayed on this website or the Forums infringes their copyrights, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) by providing Terry Battisti Outdoors with the following information in writing at the following address: 306 12th St #4, Idaho Falls, Idaho 83404.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TBO to locate the material;
- information reasonably sufficient to permit TBO to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
- a statement that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that only DMCA notices should go to TBO’s Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to TBO’s Webmaster, email@example.com.You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Trademarks. “Terry Battisti Outdoors” and TBO’s products and services described in this website are either trademarks or trade names of TBO and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, with the express prior written permission of TBO. In addition, page headers, custom graphics, button icons, and scripts, may be service marks, trademarks, or trade dress of TBO, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TBO.
COMMERCIAL USE NOT PERMITTED
No commercial use of the information on or under this website is licensed or permitted. For example, the use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire, or download information on this website is expressly prohibited. Notwithstanding the foregoing, the use of reputable commercial spider engines that crawl the website for purposes of building or maintaining standard, publicly-available search engine indices (such as those maintained by Google and Yahoo!) are permitted. In addition, the collection of any information from this website, including any email address or other personally identifiable information of users is prohibited.
DISCLAIMERS, WARRANTIES, AND LIMITATIONS OF LIABILITY
Disclaimers.TBO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY OR SUITABILITY OF THE INFORMATION OR MATERIAL, HYPERLINKS OR WEBSITES ACCESSIBLE BY HYPERLINKS FROM THIS WEBSITE, OR OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN THE FORUMS. YOU MAY NOT RELY ON ANY MATERIALS PROVIDED BY OR SUBMITTED TO THE FORUMS OR TBO. TBO DOES NOT CONTROL OR ENDORSE THE MATERIALS OR INFORMATION CONTAINED ON THE FORUMS. OUR WEBSITES, THE FORUMS, AND ALL INFORMATION AND MATERIALS CONTAINED ON THE FORUMS, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TBO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AS A CONDITION OF YOUR USE OF THE FORUMS, YOU WARRANT TO TBO THAT YOU WILL NOT USE THE FORUMS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OR ANY APPLICABLE LAW.
Limitation of Liability. TBO, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH WEBSITE CONTENT, AND/OR ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE FORUMS OR THE INFORMATION OR MATERIALS AVAILABLE FROM THE FORUMS, OR ANY LOSS, BUSINESS INTERRUPTION, OR ANY USE OF THE FORUMS BY ANY PERSON, OR OTHER DAMAGES IN CONNECTION THEREWITH. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold harmless TBO, its affiliates, and its and their respective officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the websites and/or Forums, including, without limitation, in connection with any material, submitted, posted or displayed by you on this website, or any violation by you of these website terms, any applicable law or any rights of another person or entity.
If any controversy, dispute or claim arises out of or related to your use of TBO’s website any material posted on or submitted to TBO’s websites or the Forums, the dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, TBO reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the material, breach of your confidentiality obligations, or any other violations hereunder.
EXCLUSIVE JURISDICTION, GOVERNING LAW
Except as otherwise expressly provided, the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with this website, the Forums and/or the Material or their use is Idaho Falls, Idaho, USA. These website terms and the relationship between you and TBO will be governed by the laws of the State of Idaho, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these website terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these website terms shall continue in effect.
Use of this website is unauthorized from any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TBO as a result of these website terms. TBO’s performance of these website terms is subject to existing laws and legal process, and nothing contained in these terms is in derogation of TBO’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by TBO with respect to such use. These terms and the other documents referenced herein constitute the entire agreement between you and TBO with respect to this website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TBO with respect to TBO’s website. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these website terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding any of these terms, TBO reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to the same.
Last updated March 5, 2012
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