The following terms and
conditions (the “Terms and Conditions”) govern your use of the
website (this "Site") of Cain's Outdoor, LLC,, a West Virginia
limited liability corporation ("Cain's Outdoor"), and any services
contained within the Site. These Terms and Conditions
include our copyright and supplemental terms and conditions
(“Supplemental Terms”) that will govern your use of specific
Cain's Outdoor services (“Additional
Services”).
By using
or downloading any materials from this Site, you agree to
these Terms and Conditions. In addition, you agree to the
applicable Supplemental Terms by using or downloading
materials from that Additional Service.
1. Copyrighted
Information and Copyright Agent
. Please
note that the pages on the Site may contain other
proprietary notices and copyright information, the terms of
which must be observed and followed.
Unless otherwise
noted, all information, text, articles, data, images,
Documents (as defined below), software or other materials
(collectively hereinafter referred to as the "Materials")
contained on any page within this Site are copyrighted by
Cain's Outdoor or a third party
(hereinafter collectively referred to as the "Copyright
Holder"). Title to copyright in the Materials will at all
times remain with the Copyright Holder. You may only use,
download or copy the Materials contained in the Site in
accordance with the Terms and Conditions. Any permitted
copies of the Materials must retain the copyright notice,
and any other proprietary notices contained in such
Materials. Unless otherwise provided in the Terms and
Conditions, you may not edit, modify or make use of the
Materials without the express, prior written consent of
Cain's Outdoor. You may not use any
content contained in the Materials in any manner that may
give a false or misleading impression or statement as to
Cain's Outdoor, the Copyright Holder, or
any third party referenced in the Materials. Nothing on this
Site shall be construed as conferring any license under any
Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. You agree to use the
Site and the Materials and services and products on the Site
or accessible via the Site only for lawful purposes. Cain's
Outdoor MAY REVOKE ANY OF THE FOREGOING
RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED
TO USERS OF THE SITE AT ANY TIME.
Except as
specifically provided in these Terms and Conditions
(including any applicable Supplemental Terms), any
reproduction, distribution, replication or retransmission of
any information contained on this Site without the prior
written consent of Cain's Outdoor is
strictly prohibited.
Cain's Outdoor respects the rights of all copyright
holders and in this regard, it has adopted and implemented a
policy that provides for the termination in appropriate
circumstances of users who infringe the rights of copyright
holders. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide
Cain's Outdoor's Copyright Agent the
following information required by the Online Copyright
Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or
electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed;
b.
Identification of the copyright 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;
c.
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 us to locate
the material;
d. Information
reasonably sufficient to permit us to contact the
complaining party;
e. A statement
that the complaining party 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
f. A statement
that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
2. Notice
With Regard to Documents on this Site.
Permission to display, copy and/or download any papers,
articles or other works of authorship on this Site (the
"Documents") is hereby granted, provided that (a) the
copyright notice set forth on the Document and a statement
that the Document is being reproduced under permission of
the Copyright Holder both appear on such displayed, copied
or downloaded Document, (b) use or reproduction of such
Documents from this Site is for informational or personal
use only, and (c) no modifications of any Documents are
made. Any other use of the Documents is expressly
prohibited.
3. Online
Privacy Policy. Our
online Privacy Policy (“About Your Security and Privacy”)
forms a part of these Terms and Conditions. Supplemental
Terms also contain additional and different terms, including
without limitation regarding the collection, use, and
sharing of personal information provided in connection with
the use of such services, which you should read carefully
before using such services.
4. Disclaimers
and Limitation on Liability.
(A) DISCLAIMER
OF WARRANTIES.
THE CONTENTS OF
THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE
PROVIDED "AS IS," AND Cain's Outdoor
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS.
Cain's Outdoor DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
(B) DISCLAIMER
OF ACCURACY.
Cain's Outdoor DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE
OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR
TECHNICAL INACCURACIES. Cain's Outdoor
RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT
OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR
AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT
NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION
PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT
LIMITATION, THE DOCUMENTS AND SOFTWARE. Cain's Outdoor MAKES NO REPRESENTATION OR WARRANTY REGARDING
THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF
SUCH INFORMATION. Cain's Outdoor IS NOT
RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES
CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD
PARTIES.
(C) LIMITATION
ON LIABILITY.
NEITHER Cain's Outdoor NOR ANY OF ITS
MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL
BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR
SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT
LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND
CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT
OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF
THIRD PARTIES.
YOU HAVE SOLE
RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL
NOT MAKE ANY CLAIM AGAINST Cain's Outdoor
FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS
OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION
ON LIABILITY OF COPYRIGHT HOLDERS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA,
INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT
OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION
OF THE CONTENTS THEREOF.
5. Links
to Third Party Sites.
Any other web sites that are accessible via any link on this
Site are not under the control of Cain's Outdoor. Cain's
Outdoor is not
responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to the
information contained in such sites. Cain's Outdoor provides the linked sites to you only as a
convenience and the inclusions of any such link on the Site
does not imply Cain's Outdoor's
endorsement of the site, the organization operating such
site, nor any products or services of that organization.
Your linking to any off-site pages or other sites is
entirely at your own risk.
6. Export
Restrictions.
You acknowledge and agree that the Materials are subject to
the U.S. Export Administration Laws and Regulations.
Diversion of such Materials contrary to U.S. law is
prohibited. You agree that none of the Materials, nor any
direct product there from, is being or will be acquired for,
shipped, transferred, or re-exported, directly or
indirectly, to proscribed or embargoed countries or their
nationals, unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export
Administration Regulations. You agree to comply strictly
with all U.S. export laws and assume sole responsibility for
obtaining licenses to export or re-export as may be
required.
7. References
to Products or Services.
Information published by Cain's Outdoor
on the Site may contain references or cross references to
Cain's Outdoor products or services that
are not announced or available in your country. Such
references do not imply that Cain's Outdoor intends to announce such products or services in your
country. Please
contact us for information regarding the products
and services that may be available to you.
8. User
Input.
Unless otherwise provided in the Terms and Conditions, any
communication, material or feedback with regard to contents
on this Site transmitted by a user of this Site via
electronic mail or otherwise, including any data, questions,
or comments regarding the content of any Document or other
information contained on the Site, such information shall be
deemed to be non-confidential and Cain's Outdoor shall have no obligation of any kind with
respect to such information and shall be free to reproduce,
use, disclose and distribute the information to others
without limitation. Further, Cain's Outdoor shall be free to use any ideas, concepts, know-how or
techniques contained in such information for any purpose
whatsoever including, without limitation, publication on the
Site, or other Cain's Outdoor
publications, and developing, manufacturing, and marketing
products using such information. Cain's Outdoor shall have no obligation to compensate the contributor
of such information in any manner.
9. Governing
Law; Venue for any Proceedings.
Any action,
proceeding, dispute, claim or controversy arising out of or
relating to this Site or these Terms and Conditions, or any
Cain's Outdoor products or Cain's Outdoor services offered on or accessed via the
Site, shall (i) be governed by New York State law and
controlling U.S. federal law, without application of any
choice of law rules and (ii) be subject to the exclusive
jurisdiction of the courts of the State of New York located
in New York County or of the United States District Court of
the Southern District of New York, and you hereby submit to
the jurisdiction of said courts.
10. Complete
Agreement; Changes to the Terms and Conditions.
These Terms and Conditions represent the entire
understanding relating to the use of the Site and prevail
over any prior or contemporaneous, conflicting or
additional, communications. Cain's Outdoor shall have the right to revise and modify the Terms
and Conditions at any time by posting the revised Terms and
Conditions on the Site. Any use of the Site after such
posting shall be deemed to constitute acceptance of the
revised Terms and Conditions by the user.
11. Trademarks."
Cain's Outdoor", Cain's Outdoor logo, and UTFCU are registered trademarks or
service marks of The Institute of Electrical and Electronics
Engineers, Incorporated. All other products, company names
or other marks appearing on this Site are the trademarks of
their respective owners. Nothing contained in the Site
should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark
displayed on the Site without prior written permission of
Cain's Outdoor or other trademark owners.
12. Indemnification.
You agree to defend, indemnify, and hold harmless Cain's
Outdoor, its officers, directors,
employees, members, agents and affiliates from and against
any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting
from your breach of the Terms and Conditions, including
without limitation, the supplemental terms and conditions
for e-Recruiter™. Cain's
Outdoor shall provide notice to you
promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim,
suit or proceeding.
13. Termination.
Cain's Outdoor may terminate this
agreement at any time. Upon termination, you agree to cease
all use of this Site. Without limiting the foregoing,
Cain's Outdoor shall have the right to
immediately terminate your access and use of the Site, or
any portion of the Site, in the event of any conduct by you
or through your account which Cain's Outdoor, in its sole discretion, considers to be unacceptable,
or in the event of any breach by you of the Terms and
Conditions. The provisions of Sections 4, 9, 12 and this
Section 14 shall survive any termination of this agreement.
14. Questions. Please
email us with any questions you have about these Terms and
Conditions, including our online Privacy Policy.
Email Us
Cain's Outdoor Privacy
Policy
Cain's Outdoor
understands how important privacy is to our members.
We are committed to protecting your privacy and want
to make sure that you understand how your membership
information is used. We also want you to be aware
that you have choices about how we use this
information.
What Information
We Collect. We only collect the specific
information that you provide to us when purchasing a
product. Credit card information is securely passed
via 128 bit encrypted Secure Socket Layer (SSL) to
our credit card clearing authority and is NOT
stored by us and NEVER is stored or available
anywhere on our website, allowing for the most
secure transaction anywhere on the internet.
Information
Sharing. We NEVER share information with anyone.
For More
Information. For more detailed information about our
privacy practices, and about privacy on
www.cainsoutdoor.com,
please contact us at:
Email Us
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