HB
Outdoors Inc. Web
Site Agreement.
(HB
Outdoors reserves the Right to refuse any business,
business entity or contemt submitted by any individual
or business)
The www.HBoutdoors.com Web Site (the "Site")
is an online information service provided by HB Outdoors
("www.HBoutdoors.com "), subject to your
compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE
TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. OCG MARKETING MAY
MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights
and trademarks are www.HBoutdoors.com, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the
Site solely for your own non-commercial use provided
that you
agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to www.HBoutdoors.com
a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display
and publicly perform any materials and other information
(including,
without limitation, ideas contained therein for new or
improved products and services) you submit to any public
areas of
the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to www.HBoutdoors.com by all means
and in any media now known or hereafter developed. You
also grant
to www.HBoutdoors.com the right to use your name
in connection with the submitted materials and other
information as well as in connection with all advertising,
marketing
and promotional material related thereto. You agree that
you shall have no recourse against www.HBoutdoors.com
for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to www.HBoutdoors.com.
TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks
of www.onlinecountyguide.com. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by www.HBoutdoors.com,
www.HBoutdoors.com does not operate, control or
endorse any information, products or services on the Internet
in
any way. Except for www.HBoutdoors.com- identified
information, products or services, all information, products
and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated
with www.HBoutdoors.com You also understand that
www.HBoutdoors.com cannot and does not guarantee
or warrant that files available
for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of
data
input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE INTERNET. www.onlinecountyguide.com
PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND www.HBoutdoors.com SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF
ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.onlinecountyguide.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS
IS AT YOUR RISK. www.HBoutdoors.com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.HBoutdoors.com BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF www.HBoutdoors.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, www.HBoutdoors.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
HB Outdoors makes no representations whatsoever about
any other web site which you may access through this one
or which may link to this Site. When you access a non-www.HBoutdoors.com
web site, please understand that it is independent from
www.HBoutdoors.com, and that www.HBoutdoors.com
has no control over the
content on that web site. In addition, a link to a www.HBoutdoors.com
web site does not mean that www.HBoutdoors.com endorses
or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless www.HBoutdoors.com,
its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to
the Service
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of www.HBoutdoors.com
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to
the Service. Each of these individuals or entities shall
have
the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and
6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable
to agreements made and to be performed in The United States
of America. You agree that any legal action or proceeding
between www.HBoutdoors.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have
with
respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such
claim or
cause of action is barred. www.HBoutdoors.com's
failure to insist upon or enforce strict performance of
any provision
of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision
of this Agreement. www.HBoutdoors.com may assign
its rights and duties under this Agreement to any party
at any
time without notice to you.
Any rights not expressly granted herein are reserved.
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