LEGAL INFO & DISCLAIMER
Effective as of July 22, 2017
IMPORTANT – YOU (“You” or “User”) SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS & CONDITIONS OF USE OF WEBSITE AGREEMENT BEFORE ACCESSING OR USING ANY PART OF THIS WEBSITE, (collectively "TERMS"). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR PORTIONS THEREOF AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION THEREWITH (collectively, "WEBSITE"). STEELHEAD ARMS, LLC (“STEELHEAD ARMS” OR “WE” OR “US”) IS WILLING TO ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND ANY ADDITIONAL TERMS THAT MAY BE REFERENCED OR INCORPORATED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND ARE INSTRUCTED TO EXIT THE WEBSITE IMMEDIATELY.
1. Use of this Website; Restrictions
You may use the Website and the materials, content or information made available on the Website (collectively “Materials”) conditioned on your continued compliance with the terms and conditions of these Terms. Further, your use of this Website must comply with applicable law. You may view, print and download Materials from the Website solely for your personal and non-commercial use, provided that all hard copies contain all copyright and other applicable notices contained in such Materials. Furthermore, you acknowledge and agree that you shall acquire no rights, title or interest in the Materials. Except as expressly noted in these Terms you may not and will not copy, display, reproduce, publish, transmit, distribute, transfer, disassemble, decompile, reverse engineer, alter, modify, create derivative works from, remove or alter copyright or other proprietary notices from, or exploit the Materials in any way. You may not place a link to the Website on other sites absent Steelhead Arms prior express written permission. You further acknowledge and agree that you may not and will not sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein. Additionally, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the account of any other user(s), or any other systems or networks connected to the Website or to any Steelhead Arms server or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Steelhead Arms systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person's use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Steelhead Arms on or through the Website, (viii) use the Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Website (or any part thereof) without Steelhead Arms express, separate, and prior written permission, or (x) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Steelhead Arms. Any rights not expressly granted under these Terms are expressly reserved by Steelhead Arms.
2. User Representations, Warranties, and Obligations
The Website is intended to be used by residents of the fifty (50) states of the United States only. By downloading, accessing, or using the Website in order to view our information and Materials or submit information of any kind, you represent and warrant that you meet all applicable legal and regulatory requirements regarding the same, including but not limited to any age requirements imposed by applicable federal, state, or local law. You represent, warrant, and covenant that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when you provide information via a purchase confirmation form. If you provide any false, inaccurate, untrue, or incomplete information, among any other remedies available at law and/or at equity, Steelhead Arms reserves the right to immediately terminate your access to and use of the Website and/or any Materials. You agree to abide by all applicable local, state, federal, and international laws and regulations with respect to your use of the Website. In addition, you represent, warrant, and covenant that you are eligible under, satisfy and comply with all legal requirements and applicable laws and regulations (including but not limited to local, state, and federal) regarding your purchase and/or use of any products that you purchase from Steelhead Arms through the Website. Without limiting the generality of the foregoing, you agree that you shall comply with any applicable export laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk. While Steelhead Arms has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other forms of the global communication network cannot be guaranteed. Accordingly, Steelhead Arms to the maximum extent permitted by applicable law is not responsible for the security of any information transmitted to or from the Website. You agree to assume all responsibility concerning activities related to your use of the Website. The registration and creation of a username and password may be required for access to certain areas of the Website. You are responsible for maintaining the security of any username and password in connection with your access to any restricted pages of the Website. You agree to consider your username and password as confidential information and to keep your username and password confidential. You also agree not to use another party’s username and password. You will immediately notify Steelhead Arms if you become aware of any loss or theft of your password or any unauthorized use of your username and password. Steelhead Arms cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Steelhead Arms reserves the right (but does not have an obligation) to delete or change (with notice) a username or password at any time and for any reason.
3. Proprietary Rights
You acknowledge and agree that the Website's Materials (including but not limited to data, information, files, graphics, logos, icons, names, etc.), design, code, underlying technology and related items are proprietary to Steelhead Arms (or our licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of Materials on the Website by Steelhead Arms or any other party on our behalf does not constitute a waiver of any right in such Materials. These Terms do not provide you with any right or interest in our proprietary or intellectual property rights related to the Website or otherwise, and all such rights shall continue to be owned by Steelhead Arms(or our licensors, or Vendors if applicable). All rights are expressly reserved. You expressly acknowledge and agree that Steelhead Arms transfers no ownership, title, proprietary right, or intellectual property right or interest of any kind to you or anyone else. Except as expressly provided herein, Steelhead Arms does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Steelhead Arms is a registered trademark of Steelhead Arms, LLC. and/or its licensors, and any use of such mark or other marks, including, without limitation, as domain names, without the express written permission of Steelhead Arms is strictly prohibited. The absence herein of any product name, mark, logo, etc. does not constitute a waiver by Steelhead Arms of any intellectual property rights that Steelhead Arms may own or otherwise possess. Company names other than Steelhead Arms mentioned herein, and such other companies’ respective product names, may be trademarks of such respective companies. Steelhead Arms trademarks and any other intellectual property (whether owned or licensed) may not be used without the express written consent of Steelhead Arms. Third-party trademarks and intellectual property may not be used without the permission of such respective third party. If you believe that any content or other aspects of the Website infringe upon your rights or the rights of others, you should provide notice to Steelhead Arms at the following address: Attn: Legal Department, 13639 193rd Ave E., Bonney Lake, WA 98391. We may choose to investigate the matter further. Notwithstanding the foregoing, Steelhead Arms shall be under no obligation to investigate and/or reply to any such notice.
4. Links to Other Sites
Steelhead Arms may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Steelhead Arms and are maintained by third parties over which Steelhead Arms has no control. Steelhead Arms expressly disclaims, and you hereby acknowledge and agree, that Steelhead Arms does not have any responsibility for the policies, procedures, content, materials, the accuracy of information, and/or the quality of the products or services provided by, available through, or advertised on these third-party sites. In addition, the links to these third party sites do not constitute or imply an endorsement of such third parties, such third party sites, or such third parties’ products or services. Third parties have no authority to act on our behalf or to bind us, and we are not responsible for the actions of third parties.
5. Third Party Products/Services
Steelhead Arms, in its sole discretion, may (but is not obligated) post the advertisements of third parties on the Website and/or feature materials, programs, products, and services provided by third parties. Steelhead Arms makes no representations or warranties with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Steelhead Arms Website are solely between you and such third party. Accordingly, Steelhead Arms expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Steelhead Arms Website, and you agree that Steelhead Arms shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties and their respective products, services, etc. on the Steelhead Arms Website. Third parties have no authority to act on our behalf or to bind us, and we are not responsible for the actions of third parties.
6. Sweepstakes and other Promotions
From time to time, Steelhead Arms may conduct promotions on or through the Website, including without limitation, sweepstakes and other promotions ("Promotions"). Each Promotion may have additional terms and/or rules of participation ("Rules"), which will be posted or otherwise made available to you. The Rules for each Promotion in which you participate will be deemed incorporated into and form a part of this Agreement. It is your responsibility to read the Rules to comply with the same, to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
8. Other Terms and Conditions
Additional notices, terms, and conditions may apply to the Website, use of the Website, the Materials, and/or to other specific portions or features of the foregoing, all of which are made a part of these Terms by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website. Steelhead Arms obligations, if any, with respect to its products are governed solely by the applicable documentation governing such products and the terms, conditions, notices, and agreements pursuant to which such products are provided, and nothing in these Terms should be construed to alter such terms, conditions, notices, and agreements.
B. Information Subject to Change; Certain Products Not Available in All States; Sole Remedy
Materials, information, and specifications presented are for reference only and subject to change without notice. Certain products may not be available for sale in all states. Your sole remedy regarding use and/or any issues in use of the Website shall be to discontinue use of the Website. The Website may contain errors, omissions or typographical errors. Steelhead Arms may correct such errors at any time, and shall not be liable for any such errors. In the event that a price is listed incorrectly due to an inaccuracy, typographical error, or other error in pricing information, Steelhead Arms shall not be liable to you for any claim whatsoever arising from the inaccuracy and shall have the right to refuse or cancel any orders placed for the item(s) listed at the incorrect price.
Warranty Regarding Firearms. The sole and exclusive warranty with respect to a firearm is as provided in the respective firearm’s Safety & Instruction Manual. A copy of the applicable manual can be obtained by contacting the firearm customer service as provided by the manufacturer.
The information on the Website is provided by Steelhead Arms for informational purposes only. WHILE STEELHEAD ARMS ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, AND MATERIALS, THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THE STEELHEAD ARMS WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. STEELHEAD ARMS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE WEBSITE OR IN THE INFORMATION, PRODUCTS, SERVICES, AND MATERIALS REFERENCED WITHIN OR AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON. NOTWITHSTANDING THE FOREGOING, STEELHEAD ARMS IS UNDER NO OBLIGATION TO MAKE ANY CHANGES TO OR MAINTAIN THE WEBSITE. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THE WEBSITE. STEELHEAD ARMS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. STEELHEAD ARMS ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE STEELHEAD ARMS WEBSITE WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM SOLD ON THIS WEBSITE.
10. Limitation of Liability
IN NO EVENT SHALL STEELHEAD ARMS OR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS OR OTHER AGENTS AND RESPECTIVE SUCCESSORS AND ASSIGNS, HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR PRINCIPAL, REPRESENTATIVES, OR AGENTS, FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGES, OR HARM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION, OR OTHERWISE, EVEN IF STEELHEAD ARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF STEELHEAD ARMS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO STEELHEAD ARMS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS ARE REASONABLE, AND THAT STEELHEAD ARMS IS PROVIDING ACCESS TO THE WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS.
You agree to defend, indemnify, and hold harmless Steelhead Arms and affiliates, licensors, partners, managers, shareholders, directors, officers, employees, attorneys or other agents, and respective successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.
12. Governing Law
These Terms have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Washington, U.S.A., excluding its conflicts of laws principles. Applicable law shall be applied as to agreements entered into and completely performed in the State of Washington. You and Steelhead Arms each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the federal and state courts located in the State of Washington for any disputes between us under or arising out of these Terms. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against Steelhead Arms must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed. The Website is controlled and operated by Steelhead Arms from its offices within the United States. Steelhead Arms makes no representation that the Website is appropriate or available for use in other locations. Access to the Website from any location where any aspect of the Website is not permitted is strictly prohibited. You access the Website on your own volition and at your own risk and are responsible for compliance with the Terms and all applicable laws and regulations. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Steelhead Arms reserves the right, for any reason, and at any time and without notice, to modify, suspend, terminate, or interrupt the operation of or access to the Website, or any portion of the Website.
14. Date Effective; Termination
These Terms and your right to use the Website will take effect at the earlier of the moment of any of the following: you click "I ACCEPT", check a box indicating that you agree, you access, or you use the Website and is effective until terminated as set forth below. These Terms and your right to use or access the Website or any portion thereof will terminate automatically if you advise Steelhead Arms in any way that you do not accept the Terms. For the avoidance of doubt, you will not be able to place an order on this Website without accepting the Terms. In addition, Steelhead Arms reserves the right at any time and for any reason, including without limitation any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to terminate or deny your access to the Website or to any portion thereof. Your right to access or use the Website or any portion thereof will also terminate automatically if you fail to comply with these Terms, provided, that certain provisions of these Terms shall survive as identified below. Termination will be effective without notice. You may also terminate these Terms at any time by ceasing to access or use the Website, but all applicable provisions of these Terms will survive termination, as identified below. Upon termination, you must destroy all copies of any Materials or any other aspect of the Website in your possession. The following provisions will survive the termination of these Terms for any reason: 3, 4, 5, 6, 7, 8(A), 8(B), 8(C), 9, 10, 11, 12, 13, 14, and 15.