Terms and Conditions
LAST UPDATED: December 19th, 2016
Welcome to Tech-Outdoors.com. These Terms & Conditions
apply to the TECH Outdoors website located at www.TECH Outdoors.com and all
other sites, mobile sites, services, applications, platforms and tools where
these Terms & Conditions appear or are linked (collectively, the
"Site"). As used in these Terms & Conditions, "Tech Outdoors",
"us" or "we" refers to Tech International and its
subsidiaries and affiliates.
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE
TERMS & CONDITIONS. Any person or entity who interacts with the Site
through the use of crawlers, robots, browsers, data mining or extraction tools,
or other functionality, whether such functionality is installed or placed by
such person or entity or a third party, is considered to be using the Site. If
at any time you do not accept all of these Terms & Conditions, you must
immediately stop using the Site. Certain areas within the Site may be governed
by additional terms ("Additional Terms"). By using those areas of the
Site, you agree to the Additional Terms. The Additional Terms are incorporated
into these Terms & Conditions, and any reference to these Terms &
Conditions includes the Additional Terms.
CONTENT
All content included on the Site, such as text, graphics,
logos, images, audio clips, video, data, music, software, Application updates
and other material (collectively "Content") is owned or licensed
property of TECH Outdoors or its suppliers or licensors and is protected by
copyright, trademark, patent or other proprietary rights. The collection,
arrangement and assembly of all Content on the Site is the exclusive property
of TECH Outdoors Brands, Inc. and protected by U.S. and international copyright
laws. TECH Outdoors and its suppliers and licensors expressly reserve all
intellectual property rights in all Content.
LICENSE AND ACCESS
TECH Outdoors grants you a limited license to access and
make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY
and only to the extent such use does not violate these Terms & Conditions
including, without limitation, the prohibitions listed in the "UNLAWFUL OR
PROHIBITED USES" section of these Terms & Conditions. You may
download, print and copy Content for personal, noncommercial purposes only, provided
you do not modify or alter the Content in any way, delete or change any
copyright or trademark notice, or violate these Terms & Conditions in any
way. Accessing, downloading, printing, posting, storing or otherwise using the
Site or any of the Content for any commercial purpose, whether on behalf of
yourself or on behalf of any third party, constitutes a material breach of
these Terms & Conditions. The Site is intended for use by individuals 13
years of age or older. If you are under 18, you may use this Site only with
involvement of a parent or guardian.
UNLAWFUL OR
PROHIBITED USES
The Site may only be used for lawful purposes in accordance
with the terms of the license granted in these Terms & Conditions. As a
condition of your use of this Site, you warrant to TECH Outdoors that you will
not use the Site for any purpose that is unlawful or prohibited by these Terms
& Conditions. Whether on behalf of yourself or on behalf of any third
party, YOU MAY NOT:
make any commercial use of the Site or its Content,
including making any collection or use of any product listings, descriptions,
prices or images;
download, copy or transmit any Content for the benefit of
any other merchant;
use or attempt to use any engine, software, tool, agent,
data or other device or mechanism (including browsers, spiders, robots, avatars
or intelligent agents) to navigate or search the Site other than the search
engine and search agents provided by TECH Outdoors or generally publicly
available browsers;
frame, mirror or use framing techniques on any part of the
Site without TECH Outdoors’ express prior written consent;
make any use of data extraction, scraping, mining or other
data gathering tools, or create a database by systematically downloading or
storing Site content, or otherwise scrape, collect, store or use any Content,
product listings, descriptions, prices or images, except pursuant to the
limited license granted by these Terms & Conditions;
use any meta tags or any other hidden text utilizing TECH
Outdoors’ name or marks;
misrepresent the identity of a user, impersonate any person
or entity, falsely state or otherwise misrepresent your affiliation with any
person or entity in connection with the Site, or express or imply that we
endorse any statement you make;
use a buying agent to conduct transactions on the Site;
conduct fraudulent activities on the Site;
violate or attempt to violate the security of the Site,
including, without limitation: (i) accessing data not intended for you or
logging onto a server or an account that you are not authorized to access; (ii)
trying to change the behavior of the Site; (iii) attempting to probe, scan, or
test the vulnerability of a system or network, or to breach security or
authentication measures; (iv) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting malware
to the Site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing"; (v) forging any header or any
part of the header information in any email or posting; or (vi) forging
communications on behalf of the Site (impersonating the TECH Outdoors Site) or
to the Site (impersonating another user);
send unsolicited or unauthorized email on behalf of TECH
Outdoors, including promotions and/or advertising of products or services;
tamper with the Site or use or attempt to use any device,
software, routine or data that interferes or attempts to interfere with the
working or functionality of the Site or any activity being conducted on the
Site;
use the Site to defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights of others, including others’ privacy rights
or rights of publicity;
harvest or collect personally identifiable information about
other users of the Site;
restrict or inhibit any other person from using the Site
(including, without limitation, by hacking or defacing any portion of the
Site);
use the Site to advertise or offer to sell or buy any goods
or services without TECH Outdoors’ express prior written consent;
reproduce, duplicate, copy, sell, resell or otherwise
exploit for any commercial purposes any portion of, use of or access to the
Site;
modify, adapt, translate, reverse engineer, decompile or
disassemble any portion of the Site;
or
remove any copyright, trademark or other proprietary rights
notice from the Site or materials originating from the Site.
YOUR ACCOUNT
You may be required to register with TECH Outdoors in order
to access certain services or areas of the Site. With respect to any such
registration, we may refuse to grant to you the user name you request. Your
user name and password are for your personal use only. If you use the Site, you
are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. In
addition to all other rights available to TECH Outdoors including those set
forth in these Terms & Conditions, TECH Outdoors reserves the right, in its
sole discretion, to terminate your account, refuse service to you or cancel
orders.
MODIFICATION AND
TERMINIATION
TECH Outdoors may at any time: (i) modify or discontinue any
part of the Site; (ii) charge, modify or waive fees required to use the Site;
or (iii) offer opportunities to some or all Site users. TECH Outdoors reserves
the right to make changes to these Terms & Conditions at any time, and such
changes will be effective immediately upon being posted on the Site. Each time
you use the Site, you should review the current Terms & Conditions. You can
determine when these Terms & Conditions were last revised by referring to
the "LAST UPDATED" legend at the top of these Terms & Conditions.
Your continued use of the Site will indicate your acceptance of the current
Terms & Conditions; however, any change to these Terms & Conditions
after your last usage of the Site will not be applied retroactively. TECH
Outdoors reserves the right, without notice and at its sole discretion, to
terminate your account or your use of the Site and to block or prevent future
access to and use of the Site (i) if you violate any of these Terms &
Conditions, (ii) for any other reason or (iii) for no reason. Upon any such
termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third
party for any termination of your access to the Site. Upon termination, all
provisions of these Terms & Conditions which are by their nature intended
to survive termination, all representations and warranties, all limitations of
liability and all indemnities shall survive such termination.
USER REVIEWS,
COMMENTS & SUBMISSIONS
TECH Outdoors welcomes your reviews, comments and other
communications, photos, videos or any other content that you submit through or
to the Site, or any content or information you publish through any social media
and allow TECH Outdoors to feature, such as your name, social media handle,
accompanying text and any images from your social media accounts (e.g.
Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as
long as the User Content submitted by you complies with these Terms &
Conditions as well as TECH Outdoors’ General Review Writing Guidelines, which
are incorporated into these Terms & Conditions in their entirety. User
Content will not include any photographs or images you submit as part of a
Transaction (as defined below). You agree that any User Content: will be
accurate; will not violate or facilitate the violation of any law or
regulation; will not violate any right of a third party, including copyright,
trademark, privacy or publicity rights; will not cause injury to any person or
entity; and will not contain, or provide links to, obscene, profane or
threatening language, malware, political campaigning, commercial solicitation,
chain letters, mass mailings, any form of "spam" or any material that
could be considered harmful, sexually explicit, indecent, lewd, violent,
abusive or degrading. You are solely responsible for the User Content you
submit, and TECH Outdoors assumes no liability for any User Content submitted
by you. You acknowledge and agree that we reserve the right (but have no
obligation) to do any or all of the following, in our sole discretion: (i)
monitor User Content; (ii) alter, remove or refuse to post or allow to be
posted any User Content; and/or (iii) disclose any User Content, and the
circumstances surrounding its transmission, to any third party. For any User
Content you submit, you grant to TECH Outdoors a non-exclusive, sub-licensable,
fully paid-up, perpetual, irrevocable, royalty-free, transferable right and
license to use, display, perform, transmit, copy, modify, delete, adapt,
publish, translate, create derivative works from, sell and distribute such User
Content and to incorporate the User Content into any form, medium, or
technology, now known or hereafter developed, throughout the world, all without
compensation to you. For this reason, do not send us any User Content that you
do not wish to license to us, including any confidential information or any
original creative materials such as stories, product ideas, computer code or
original artwork. In addition, you grant to TECH Outdoors the right to include
the name provided along with the User Content submitted by you; provided,
however, TECH Outdoors shall have no obligation to include such name with such
User Content. We are not responsible for the use or disclosure of any personal
information that you voluntarily disclose in connection with any User Content
you submit. You represent and warrant that you have all rights necessary for
you to grant the licenses granted in this section. You further irrevocably
waive any "moral rights" or other rights with respect to attribution
of authorship or integrity of materials regarding User Content that you may
have under any applicable law under any legal theory.
Content is also provided by third party visitors to the
Site. Please note that Site visitors may post content that is inaccurate,
misleading or deceptive. TECH Outdoors neither endorses nor is responsible for
any opinion, advice, information or statements made by third parties. The
opinions expressed by third parties reflect solely the opinions of the
individuals who submitted such opinions and may not reflect the opinions of TECH
Outdoors.
TRANSACTIONS
If you wish to purchase any product or service made
available through the Site (each such purchase, a "Transaction"), you
may be asked to supply certain information relevant to your Transaction
including, without limitation, your credit card number, the expiration date of
your credit card, your billing address and your shipping information. YOU
REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S)
OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By
submitting such information, you grant to TECH Outdoors the right to provide
such information to third parties for purposes of facilitating the completion
of Transactions initiated by you or on your behalf. Verification of information
may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content,
specifications, products and prices of products and services described or
depicted on the Site are subject to change at any time without notice. Certain
weights, measures and other descriptions are approximate and are provided for
convenience purposes only. The inclusion of any products or services on the
Site does not imply or warrant that these products or services will be
available. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age
requirements) in regard to the receipt, possession, use and sale of any item
purchased from this Site. By placing an order, you represent that the products
ordered will be used only in a lawful manner. TECH Outdoors reserves the right,
with or without prior notice, to do any one or more of the following: (i) limit
the available quantity of or discontinue any product or service; (ii) impose
conditions on the honoring of any coupon, coupon code, promotional code or
other similar promotion; (iii) bar any user from making or completing any or
all Transaction(s); and (iv) refuse to provide any user with any product or
service. You agree to pay all charges that may be incurred by you or on your
behalf through the Site, at the price(s) in effect when such charges are
incurred including, without limitation, all shipping and handling charges. In
addition, you remain responsible for any taxes that may be applicable to your
Transactions.
TECH Outdoors or our agents may call or text by telephone
regarding your account or your Transactions. You agree that we may place such
calls or texts using an automatic dialing/announcing device. You agree that we may
make such calls or texts to a mobile telephone or other similar device. You
agree that we may, for training purposes or to evaluate the quality of our
service, listen to and record phone conversations you have with us.
COLORS
TECH Outdoors strives to display as accurately as possible
the colors of the products shown on the Site; however, TECH Outdoors cannot and
does not guarantee that your monitor’s display of any color will be accurate.
LIMITATIONS ON
QUANTITY
TECH Outdoors does not offer additional discounts on large
orders of a single item or on large orders of many individual items. In
addition, we reserve the right to limit quantities on orders placed by the same
account, on orders placed by the same credit card, and on orders that use the
same billing or shipping address. We will notify you if such limits are
applied. TECH Outdoors reserves the right to prohibit purchases of any
merchandise to resellers. Resellers are defined as a company or an individual
that purchases goods with the intention of selling them rather than using them.
AVAILABLITY, ERRORS
AND INACCURACIES
If an item is out of stock, TECH Outdoors may, in its sole
discretion and at no extra cost to you, substitute another item for the
out-of-stock item if TECH Outdoors, in its sole discretion, determines that the
identical brand and product is available in a form that is of equal or greater
value, for example, larger quantity, packaged with a trial sample, or with
updated product packaging.
TECH Outdoors’ acknowledgement of an order means that your
order request has been received; it does not mean that your order has been
accepted or shipped or that the price or availability of an item has been
confirmed. TECH Outdoors makes a conscientious effort to describe and display
its products and services accurately on the Site. Despite these efforts, a
small number of items on the Site may be mispriced, described inaccurately or
unavailable, and we may experience delays in updating information on the Site
and in our advertising on other sites. As a result, we cannot and do not
guarantee the accuracy or completeness of any information, including prices,
product images, specifications, availability and services. TECH Outdoors
reserves the right to change or update information and to correct errors,
inaccuracies or omissions at any time without prior notice. We apologize for
any inconvenience. As part of our shipping procedures, we verify the
availability and the price before an item is shipped. If an item’s correct
price is lower than our stated price, we will charge the lower amount and ship
you the item. If an item’s correct price is higher than our stated price, if
the item is no longer available or if we determine that there were inaccuracies
in our product information, we will cancel your order and notify you of such
cancellation via email. Please see our Pricing Policy for more details. The
Pricing Policy is incorporated into these Terms & Conditions in its
entirety.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for
and title to products purchased on the Site passes to the purchaser upon
delivery to the carrier.
RETURNS
If you are not fully satisfied with your purchase, you may
return it in accordance with the Return Policy.
THIRD-PARTY FINANCIAL INFORMATION
We provide links and access to third-party websites or
services that contain information that is provided as a service to those
interested in the information. TECH Outdoors neither regularly monitors nor
assumes responsibility for the content of third parties’ statements or
websites. Accordingly, TECH Outdoors does not endorse or adopt these websites
or any information contained therein. TECH Outdoors makes no representations or
warranties whatsoever regarding their accuracy or completeness.
LINKS TO
THIRD-PARTIES’ WEBSITES
The Site may contain links and interactive functionality
interacting with the websites of third parties, including social sites and
product manufacturers’ sites. TECH Outdoors is not responsible for and has no
liability for the functionality, actions, inactions, privacy settings, privacy
policies, terms or content of any such website. Before enabling any sharing
functions of the Site to communicate with any such website or otherwise
visiting any such website, TECH Outdoors strongly recommends that you review
and understand the terms and conditions, privacy policies, settings and
information-sharing functions of each such third-party website. The links and
interactive functionality for third-party sites on the Site do not constitute
an endorsement by TECH Outdoors of such third-party sites. Other sites may link
to the Site with or without our authorization, and we may block any links to or
from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN
RISK.
DISCLAIMERS OF WARRANTIES
TECH Outdoors cannot and does not represent or warrant that
the Site or its server will be error-free, uninterrupted, free from
unauthorized access (including third-party hackers or denial of service attacks)
or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS,
SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY TECH
OUTDOORS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. TECH OUTDOORS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR
THAT EMAILS SENT FROM TECH OUTDOORS ARE FREE OF MALWARE OR OTHER HARMFUL
COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY LAW, TECH OUTDOORS DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED
REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER
DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
TECH OUTDOORS DOES NOT REPRESENT OR WARRANT THAT THE
NUTRITION, INGREDIENT, ALLERGEN AND OTHER PRODUCT INFORMATION ON OUR SITE IS
ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT
MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR
PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON
THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL
OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR
QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products,
advertisements or services of third parties, pop-up texts or links to
third-party sites. If you decide to link to any such third-party sites, you do
so entirely at your own risk.
JURISDICTIONAL ISSUES
The Site is controlled and operated by TECH Outdoors from
the United States, and is not intended to subject TECH Outdoors to the laws or
jurisdiction of any state, country or territory other than that of the United
States. TECH Outdoors does not represent or warrant that the Site or any part
thereof is appropriate or available for use in any particular jurisdiction
other than the United States. In choosing to access the Site, you do so on your
own initiative and at your own risk, and you are responsible for complying with
all local laws, rules and regulations. We may limit the Site’s availability, in
whole or in part, to any person, geographic area or jurisdiction we choose, at
any time and in our sole discretion.
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL TECH OUTDOORS OR ITS EMPLOYEES,
DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE
THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF
DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF TECH OUTDOORS
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF
YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE OR THESE TERMS
& CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET
FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY
HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL
NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, TECH
OUTDOORS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE
FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR
INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR
INJURIES ARE THE RESULT OF TECH OUTDOORS’ NEGLIGENT, FRAUDULENT OR RECKLESS
ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES
FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF
DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND TECH
OUTDOORS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN YOU AND TECH OUTDOORS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN
IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
INDEMNIFICATION AND
DEFENSE
As a condition of the use of the Site, you agree to defend,
indemnify and hold harmless TECH Outdoors and its respective employees,
directors, officers, agents, vendors and suppliers from and against any
liabilities, losses, investigations, inquiries, claims, suits, damages, costs
and expenses (including, without limitation, reasonable attorneys’ fees and
expenses) (each, a "Claim") arising out of or otherwise relating to
Claims alleging facts that if true would constitute a breach by you of these
Terms & Conditions, or any User Content submitted by you, , or any User
Content submitted by you.
NOTICES AND
ELECTRONIC COMMUNICATIONS
Except as explicitly stated otherwise, any notices you send
to TECH Outdoors shall be sent by mail to TECH Outdoors, PO Box 486, Johnstown,
OH 43031. In the case of notices TECH Outdoors sends to you, you consent to
receive notices and other communications by TECH Outdoors posting notices on
the Site, sending you an email at the email address listed in your profile in your
account or mailing a notice to you at your billing address listed in your
profile in your account. You agree that all agreements, notices, disclosures
and other communications that TECH Outdoors provides to you in accordance with
the prior sentence satisfy any legal requirement that such communications be in
writing. Notice shall be deemed given (i) 24 hours after the notice is posted
on the Site or an electronic message is sent, unless the sending party is
notified that the message did not reach the recipient, or (ii) in the case of
mailing, 3 days after the date of mailing. You agree that a printed version of
these Terms & Conditions and/or any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating
to these Terms & Conditions to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
RULES FOR PROMOTIONS
Any sweepstakes, contests, raffles or other promotions
(collectively, "Promotions") made available through the Site may be
governed by rules that are separate from these Terms & Conditions. If you
participate in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with these Terms
& Conditions, the Promotion rules will apply.
FILTERING
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby
notify you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may assist you
in limiting access to material that is harmful to minors. Information
identifying current providers of such protections is available on the following
website:
OnGuard Online (https://onguardonline.gov/). Please note that
we do not endorse any of the products or services listed at such website.
NOTICE FOR CALIFORNIA
RESIDENTS
Under California Civil Code Section 1789.3, California users
are entitled to the following consumer rights notice: If you have a question or
complaint regarding the Site, please send an email to
[email protected]. You may also contact us by writing to TECH
Outdoors.com, PO Box 486, Johnstown, OH 43031, or by calling us at (800) 433-8324.
California residents may reach the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by mail at
1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916)
445-1254 or (800) 952-5210.
APPLICABLE LAW;
DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE
OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS &
CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE
OF OHIO, UNITED STATES OF AMERICA, WITHOUT REGARD TO OHIO’S CHOICE OF LAW
PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY
LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OHIO, AND YOU SUBMIT TO
THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION
(INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF OHIO, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH
ACTION SHALL BE THE COURTS OF THE STATE OF OHIO LOCATED IN LICKING COUNTY, AND
YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR
RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE
LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR
CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY
IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS
ACTION; AND, EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY
LAW, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL
ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
MISCELLANEOUS
These Terms & Conditions, including policies and
information linked from or incorporated herein, constitute the entire agreement
between you and TECH Outdoors with respect to the Site and supersede all prior
or contemporaneous communications, agreements and proposals with respect to the
Site. No provision of these Terms & Conditions shall be waived except
pursuant to a writing executed by the party against whom the waiver is sought.
No failure to exercise, partial exercise of or delay in exercising any right or
remedy under these Terms & Conditions shall operate as a waiver or estoppel
of any right, remedy or condition. If any provision of these Terms &
Conditions is held invalid, illegal or unenforceable, the validity, legality
and enforceability of the remaining provisions will not be affected or
impaired. You may not assign, transfer or sublicense any of your rights or
obligations under these Terms & Conditions without our express prior
written consent. We will not be responsible for failure to fulfill any
obligation due to causes beyond our control.
CONTACT US
If you have any concerns about TECH Outdoors or your use of
the Site, please contact us with a detailed description, and we will try to
resolve it.
