Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services provided by The Armatage Group, Inc. d/b/a Marlin Firearms Records ("Armatage") through the website predominantly located at http://www.marlinfirearmsrecords.com including the website, Website, records, and all other components therein (collectively, "Services") and any information and data transmitted via the Services ("Content"). (The Services and Content are collectively the "Website".) Your access to and use of the Website are conditioned on your acceptance of and compliance with these Terms. Please read these Terms carefully.
Terms. By accessing or using the Website you agree to be bound by these Terms. If you are dissatisfied with the Website or the Terms, your only remedy is to discontinue your use of the Website. If you are under thirteen (13) years of age, you are prohibited from using this Website.
You acknowledge and accept that your use of the Website is at your sole risk. You represent you have the legal capacity and authority to accept these Terms and you understand that some of these Terms may not apply to you but all the Terms are nonetheless binding. As the rightful owner of the Website, Armatage reserves the right to change or terminate these Terms at any time and from time to time without any notice to you. Any such changes are automatically made part of these Terms and are fully enforceable on you.
Ownership. The Website is the owned or appropriately licensed property of Armatage. By using the Website, you are agreeing only to a non-exclusive, nontransferable license to use the Website for personal, noncommercial purposes according to these Terms. Armatage reserves all applicable rights in and to the Website. You will not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, or otherwise exploit the Website. Any remuneration paid to or through Armatage constitutes a license fee for access to the Content. Use of the Website for any purpose not expressly provided for herein is prohibited.
Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Website; (b) change, modify, or alter the Website; (c) circumvent any protections that are a part of the Website; (d) use the Website for any commercial or illegal purpose; (e) contact or collect any information about any other user of the Website (f) use the Website to violate any legal right of any third party; (g) use any automated means to access or use the Website (including scripts, "bots" or similar software); or (h) duplicate, reproduce, publish, display, or distribute the Content through any means.
The Website is protected by the laws of copyright and you are explicitly advised that any use of the Website in violation of the law is prohibited. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content is against the law. You may only use the Website for your personal, private, noncommercial use and you shall not reproduce, distribute, or perform the Content for the public.
Updates. At its option, from time to time, Armatage may create updated versions of the Website and may make such updates available to you either for a fee or for free. Unless explicitly stated otherwise, all updates will be subject to these Terms, including any amendments to these Terms.
Copyright. Armatage complies with all copyright laws including the Digital Millennium Copyright Act ("DMCA"). If you believe the Website violates any copyright that you own or control, submit notification to Armatage at email@example.com that includes:
|(a) A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;|
|(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed;|
|(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 Armatage to locate the material;|
|(d) Information reasonably sufficient to permit Armatage to contact you, such as an address, telephone number, and email address at which you may be contacted;|
|(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and|
|(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.|
Third Party Sites. The Website may contain (or may send you through or to) links to non-Website websites and/or software ("Third Party Sites"). Armatage is not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by Armatage. Armatage shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Website.
User Conduct. You represent, warrant, and agree that no materials of any kind submitted through your account and no action taken by you or others through you on or through the Website will violate or infringe upon the rights of any third party, contain unlawful material, interfere with or disrupt the Website or servers or networks connected to the Website, or violate any applicable law or regulation.
Termination. These Terms shall remain in effect until terminated and may be terminated at Armatage's sole discretion and without prior notice. You cannot terminate, alter, suspend, or otherwise affect these Terms. Armatage may unilaterally and without notice terminate these Terms and/or your access to the Website if you or any other person or entity using your account violates any provision of these Terms or for any other reason in Armatage's reasonable discretion. Armatage may suspend or terminate your access to the Website without prior notice and in Armatage's sole discretion and Armatage shall not be liable for any such suspension, termination, or deletion or its effects. Upon termination you shall cease to use the Website at your sole cost and expense.
Disclaimer of Warranty. The Website is provided "as is", with all faults and without warranty of any kind. ARMATAGE HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ARMATAGE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE WEBSITE IS RELIABLE, SECURE, OR ACCURATE, THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU USE THE WEBSITE AT YOUR OWN RISK. NO ORAL OR WRITTEN COMMUNICATIONS FROM ARMATAGE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THESE TERMS AND YOU MAY NOT RELY ON ANY SUCH COMMUNICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSUMER RIGHTS SO COME EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability. YOU HEREBY AGREE THAT ARMATAGE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND ASSIGNS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF FUNDS OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY OTHER HARDSHIP, DAMAGES, OR LOSSES ARISING OUT OF OR RELATED TO: THE USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED; UNAUTHORIZED OR ACCIDENTAL ACCESS TO OR ALTERATION OF CONTENT; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY MATTER RELATING TO THE USE OF THE WEBSITE; AND EVEN IF ARMATAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN REMEDIES OR DAMAGES SO SOME EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. You do hereby indemnify and hold Armatage, its parents, subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys' fees, arising out of these Terms or in connection with any use of the Website including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Website.
Severability. If any provision of these Terms are found unenforceable or illegal, Armatage may reform such provision to make it enforceable and legal or such provision may be severed and in either case these Terms with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Armatage's failure to enforce any part or portion of this Agreement shall not be considered a waiver by Armatage.
Controlling Law. These terms shall be governed by the laws of the State of Colorado and of the United States. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Denver, Colorado, and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Controversies. If any controversy or claim related to this Agreement cannot be solved by negotiation between the parties, the parties hereby agree to attempt in good faith to settle the dispute through mediation administered by a mutually agreed upon mediator in Denver, Colorado and in accordance with the Colorado Dispute Resolution Act. If mediation fails to resolve the dispute, the parties hereby agree that the dispute may be settled through arbitration administered by a mutually agreed upon arbitrator in Denver, Colorado according to the procedures and commercial rules of the American Arbitration Association. Any resulting decision may award reasonable attorneys' fees to the prevailing party and judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction.
Entire Agreement. These terms constitute the entire agreement between Armatage and you relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of these Terms. Armatage may assign all or any portion of these Terms in Armatage's sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by Armatage.
Personal Information. Armatage may collect your personal information through your use of the Website. The types of personal information Armatage may collect may include (but are not limited to) your: (1) name, (2) e-mail address, (3) physical or mailing address, (4) location, (5) language, (6) gender, and (7) birth date and/or age. Armatage may also collect and store your IP address or other non-personal identifying information to operate various features of the Website or to determine your use of the Website.
Use of Your Personal Information. Armatage will not sell or rent your personally identifiable information, such as your name and e-mail address, to others without your consent, except as provided herein. Armatage may use your personally identifiable information: (1) to provide the Website and send you notices related to the Website, your account, and necessary updates, (2) to send you promotions and special offers from Armatage and its partners, (3) to manage your account and account access, (4) provide you support and customer service, and (5) to aggregate your information with that of others for marketing and promotional purposes.
General Disclosure of Personal Information. Armatage may engage third parties to provide certain Armatage services to you and to communicate with you about the Website. Armatage will only provide such third parties with the information needed to provide Armatage's services and will limit any disclosure whenever possible.
Payment Information. Armatage will collect personal information in the course of processing payment through the Website. The personal information collected in processing such purchases varies and may include, for example, your name, credit card number and expiration date, checking account number, address, and email address. Armatage uses this information to fulfill your purchase and otherwise facilitate the delivery of the goods or services and for no other purpose.
Security of Personal Information. Armatage uses reasonable precautions to keep your personal information secure. However, third parties may intercept or access transmissions, private communications, or your personal information. Armatage does not guarantee that communications between you and the Website will be free from unauthorized access by third parties and you should not expect that your personal information or private communications will always remain private. You use the Website and transmit your information at your own risk.
Aggregate Information. Armatage may collect and analyze information about your use of the Website as aggregated with other users' use of the Website and may disclose, sell, license, rent, or otherwise dispose of such aggregate information to third parties, however, no such aggregate information will individually identify you or your activity on the Website.
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