TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW: (1) THESE TERMS AND CONDITIONS (“T&C”) GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE (THE “SITE”), TOGETHER WITH ALL THE INFORMATION AND CONTENT AVAILABLE THROUGH THE SITE, AND (2) YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE T&C.
1. SCOPE OF T&C
These T&C have been provided by Avid Outdoorsman.com, LLC (“Avid” or “we/us”) to govern your use of the Site, as well as all content available through the Site, including but not limited to, text, graphics, data, images, software and other material presented or otherwise displayed through the Site (collectively known as “Content”) and (c) any information and data (collectively, “Information”) available through the Site. Where you have entered into a separate agreement with respect to this Content or Information, such agreement shall be deemed to prevail in the case of any conflict between these T&C and such agreement.
2. U.S.-BASED SITE WITH THIRD PARTY ADVERTISERS
The Site is hosted on servers located in the United States, and third party advertisers on the Site may place cookies on the equipment or devices of users (see Section 6 below on Cookies). These practices may not conform with the laws applicable in the jurisdiction(s) of residence of users outside the US. All such use is at the user’s own risk, and if you do not consent to the placement of such cookies by such third parties, please do not use the Site.
We may revise and update these T&C at any time. To the fullest extent possible under applicable law, your continued usage of the Site after such modifications shall be deemed conditional upon your agreement to the modified T&C. We may terminate, update, alter or supplement any Content or Information available through the Site at any time. In the event of any material modification to these T&C, we will post the modified T&C on the Site and notify you in accordance with applicable law.
4. LICENSE AND OWNERSHIP.
Any and all intellectual property rights (“Intellectual Property”) associated with the Site and the Content and Information shall be the sole property of Avid, its affiliates or third parties. Avid hereby grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to (a) access and use the Site, Content and Information only in the manner prescribed herein, and (b) access and use the Site only in the manner expressly permitted by us. Except for this limited license, you have no right or interest in the Site, Content, Information or any related Intellectual Property due to your permitted access to the Site. Except to the extent required by law or as expressly provided for herein, none of the Site, Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without our prior written consent.
5. RESTRICTIONS ON THE USE OF THE SITE.
In addition to the other restrictions set out in these T&C, you agree that you shall not:
- Provide false or misleading information via the Site;
- Input or upload via the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site, Content or Information or that infringes the Intellectual Property rights of another.
- Use or access the Site, Content or Information in any way that may adversely affect the performance or function of the same, or interferes with the ability of authorized parties to access the same.
7. CALIFORNIA DO NOT TRACK.
At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating “Do Not Track” signals. Thus, the Site is unable to respond to “Do Not Track” signals. Please refer to the instructions in your browser in order to determine the appropriate settings in order to signal your preferences in this regard, but be aware that all of the functionality of the Site may not be available to you if your settings block tracking cookies placed by us or by third parties.
(b) Inbound Links. Linking to any page other than to http://www.gungenius.com through a plain text link shall be strictly prohibited in the absence of a separate linking agreement with us. Any website or other device linking to http://www.gungenius.com or any page available therein is prohibited from (i) replicating Content or Information, (ii) using a browser or border environment around the Content or Information, (iii) implying in any fashion that Avid or any of its affiliates are endorsing it or its products (iv) misrepresentation in any statement of fact, including its relationship with Avid or any of its affiliates, (v) presenting false information about the products or services of Avid or its affiliates, and (vi) using any logo or mark of Avid or any of its affiliates without our express written permission.
We do not accept ideas, concepts, or techniques for new services or products through the Site (“Comments”). If any such Comments are received, you hereby acknowledge that (a) they shall not be considered confidential or proprietary, (b) Avid and its affiliates shall be under no obligation to keep such information confidential, and (c) Avid shall have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it may choose.
10. DISCLAIMER OF WARRANTIES.
THE SITE, THE CONTENT AND THE INFORMATION ARE PROVIDED ON AN “AS IS” BASIS. AVID, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES AND AGENTS (“AVID PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE AVID PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE OR THE CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THESE T&C.
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, SHALL NOT BE AFFECTED BY THESE PROVISIONS. YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE T&C ARE FAIR AND REASONABLE.
11. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE AVID PARTIES OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY OF THE AVID PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED US$100.00 (ONE HUNDRED UNITED STATES DOLLARS). TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU UNDER THESE T&C SHALL BE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR UNDER THESE T&C.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT AND INFORMATION SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE VENUE OF OR TO THE JURISDICTION OVER ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, CONTENT AND/OR INFORMATION SHALL BE LODGED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION SHALL HAVE ARISEN.
13. GOVERNING LAW AND LANGUAGE.
- To the fullest extent permitted by law, these T&C shall be governed by the internal substantive laws of the State of Georgia, U.S.A. excluding (i) Georgia’s conflicts of laws’ principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna 11 April 1980.
- To the fullest extent, permitted by law, the controlling language for these T&C and all correspondence and communications between You and Avid under these T&C shall be American English. Any translation has been provided for your convenience.
- You agree to the admissibility of computer records and electronic evidence in any dispute herein.
If any provision of these T&C shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&C, which shall remain in full force and effect. No waiver of any of these T&C shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These T&C shall inure to the benefit of and be binding upon the parties hereto, and their successors and assigns. These T&C may not be assigned by you without the prior written consent of Avid. Avid may freely assign any or all of its rights and/or obligations under these T&C. Nothing in these T&C, whether express or implied, shall confer upon any person or entity other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of these T&C, except that the Avid Parties are the sole intended third party beneficiaries of these T&C.
15. COMPLETE AGREEMENT.
Except as expressly provided in a separate written agreement between you and Avid or another of its affiliates, these T&C constitute the entire agreement between you and Avid (or such affiliate) with respect to the use of the Site, Content and Information contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
© 2020 Outdoor Media Group IP, LLC
Last updated: August 1, 2020