GRANT OF LICENSE
G.A.M.P. grants you a single, non-exclusive, limited personal license to access and use the Websites conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Websites.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by G.A.M.P. in writing, you agree not to use any software, program, application or any other device to access or log on to G.A.M.P.’s computer systems, Websites or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from G.A.M.P.’s computer systems, Websites or proprietary software. G.A.M.P. is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Websites in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the Websites is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Websites without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of, ShockEater.com or G.A.M.P.’s name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying G.A.M.P., ShockEater.com, in any meta tags, “hidden text,” information used by search engines or other information tools to identify and select sites without the express written consent of G.A.M.P.
INFORMATION AND PRODUCT DESCRIPTIONS
The Websites may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively “Information”) that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the “Information Providers”). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through ShockEater.com, the Information Providers or any other third party transmitting the Information (the “Information Transmitters”). You agree that neither G.A.M.P., the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither G.A.M.P., the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Websites. You understand that none of the Information available through the Websites constitutes a recommendation or solicitation to take or not take any particular action.
Further, G.A.M.P. does not warrant that product descriptions on the Websites are accurate, complete, reliable, current or error-free. If a product offered by G.A.M.P. itself is not as described, your sole remedy is to return it promptly in unused condition.
The Websites may permit you to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of your content. G.A.M.P. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant G.A.M.P. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials and/or content throughout the world in any media. You grant G.A.M.P. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify G.A.M.P. or its affiliates for all claims resulting from content you supply. G.A.M.P. has the right but not the obligation to monitor and edit or remove any activity or content. G.A.M.P. takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, G.A.M.P. is free to use any ideas, concepts, know-how or techniques contained in any communication you send to G.A.M.P. for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
OTHER BUSINESSES AND LINKS
Parties other than G.A.M.P. and its subsidiaries may operate stores, provide services or sell product lines on this site. In addition, ShockEater.com may provide a link to other services or sites as part of the Websites. Such sites are not under the control of G.A.M.P., and G.A.M.P. makes no representations or warranties whatsoever of the offerings of, any of these Websites, businesses or individuals or the content of their Websites. Unless we expressly state otherwise, the fact that G.A.M.P. has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of ShockEater.com so long as the link does not portray ShockEater.com, it’s affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use the ShockEater.com, or ShockEater logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to ShockEater.com in any way that suggests G.A.M.P. has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THESE WEBSITES ARE PROVIDED BY G.A.M.P. ON AN “AS IS” AND “AS AVAILABLE” BASIS. G.A.M.P. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE WEBSITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, G.A.M.P. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. G.A.M.P. DOES NOT WARRANT THAT THESE WEBSITES, ITS SERVERS, OR EMAIL SENT FROM THESE WEBSITES OR G.A.M.P. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. G.A.M.P. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold G.A.M.P. and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys’ fees, made by any third party arising out of your violation of these Terms.
The Websites, their content and compilation of content, and all software used on the Websites is owned by G.A.M.P. or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to G.A.M.P. or its affiliates or agents. The materials provided in this service, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of G.A.M.P.’s, its affiliates’ or its third party information providers’ copyrights and other proprietary rights.
“ShockEater.com” and other marks (including graphics, logos, page headers, button icons, scripts and service names) indicated on our Websites are trademarks or trade dress of G.A.M.P. in the United States and other countries. G.A.M.P.’s trademarks and trade dress may not be used in connection with any product or service that is not G.A.M.P.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits G.A.M.P. or the Websites. All other trademarks not owned by G.A.M.P. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by G.A.M.P..
MODIFICATIONS TO THE WEBSITE
G.A.M.P. reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Websites with or without notice. You agree that G.A.M.P. will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Websites. You further agree that G.A.M.P., in its sole discretion and with or without notice, may terminate your access to any or all of the Websites, and remove and discard any information or content within the Websites. You also agree that G.A.M.P. will not be liable to you or any third-party for any termination of your access to the Websites.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Any dispute or claim relating in any way to your visit to the Websites or to products or services sold or distributed by G.A.M.P. or through any Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Any arbitration proceedings will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, G.A.M.P. will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide G.A.M.P.’s copyright agent the written information specified below:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Website;
· Your address, telephone number, and email address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
What Information Do We Collect About Our Customers?
The information we learn from customers helps us enhance and personalize the Stores and the services we offer. We gather the following types of information:
Information You Give Us. We receive and store any information you enter on our Stores or provide us in any other way (e.g., by telephone). This may include information you provide when you register as a member, engage in transactions, search, contact customer service, or participate in contests, promotions, surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions or other features or services offered by us. As a result, you may be supplying us with such information as your name, address and phone numbers; credit/debit card numbers, expiration date and other billing information; people to whom purchases will be shipped, including addresses and phone numbers; purchase history; and names and email addresses of friends, possible Refer-a-Friend customers and other people.
Automatic Information. We automatically receive and store certain types of information whenever you interact with us. For example, as most websites do, we use “cookies” and other technologies to obtain certain types of information when your computer, mobile phone or other device (each, a “Device”) accesses one of our Stores. This information is compiled and analyzed on both a personal and an aggregated basis, and it may include the Website’s Uniform Resource Locator (“URL”) that you just came from, which URL you go to next, what browser you are using, and your Internet Protocol (“IP”) address. Other examples of automatic information we may collect are purchase history, products viewed or searched for, visits to certain pages, page interaction information and the phone number you used to call any of our toll-free numbers. We associate the information we store in cookies with personally identifiable information you submit while on any of our Stores. During some visits, we may also collect technical information from your Device to help us identify your Device for fraud prevention purposes.
Mobile Devices. If you use a mobile Device to access any of our Stores, we may collect certain information in addition to what we collect when you use other kinds of Devices to access our Stores. We may receive information about your location and your mobile Device, including a unique identifier for your Device, your mobile operating system and the type of mobile Internet browser that you use. We may at times use this information to provide you with location-based services and information, such as advertising, search results, and other personalized content. Most mobile Devices provide users with the ability to disable location services. If you have questions about how to disable your Device’s location services, we recommend you contact your mobile service carrier or your Device manufacturer.
Information Provided by Third Parties. We may obtain certain information about customers from third parties. This may include updated delivery or address information from carriers and information (including name and email addresses) of possible Refer-a-Friend customers from current customers.
We use small text files called “cookies” that provide non-personally identifiable information to us regarding visitors to the Stores. In addition to the URL and IP addresses of our visitors, cookies may be used to gather the date and time of all visits to our Stores. We may also track the pages of our Stores that users viewed during their visit, or track search terms entered on our Stores by that visitor. This helps us keep track of the number of visitors to our Stores and allows us to gauge the areas that are of the most interest to our visitors.
We also use Local Shared Objects (commonly known as Flash cookies) for fraud prevention and other purposes. Flash cookies are small data files that a website or App stores on your Device. These files may contain information about your online browsing activities and preferences.
How Do We Use the Information We Collect and Do We Share the Information We Receive?
Information about our customers is an important part of our business. We use information we collect from the Stores to communicate with you, to process your orders, to provide an enhanced and more personalized interactive shopping experience, to facilitate your transactions with our third party marketing partners and to inform you of offers and discounts. For example, you can expect to receive a welcoming email to confirm your username and password. Additionally, we communicate with you in response to your inquiries, to provide the services you request and to manage your account. We also send service-related announcements on occasions such as when we need to temporarily suspend a website, App or other service for maintenance. We also will send you promotional emails on occasion. Generally, you may not opt out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to terminate your account. Your account is with G.A.M.P., the owner and operator of the Stores, and not with the individual Stores; and the information collected through the Stores is used by G.A.M.P. for purposes of all of its Stores and other services. For example, if you shop at one of our Stores, you may receive promotional emails from other Stores of ours, or from our ShockEater.com domain name, which promotes use of all of our Stores and services. However, you can opt-out of direct promotional communications from the store by following the unsubscribe instructions within each communication from that Store or emailing us at firstname.lastname@example.org.
We share customer information with third parties only as follows:
Third Party Service Providers. We may work closely with other businesses (that we don’t own or control) that sell products or services on one or more of our Stores.
In some cases, these businesses may operate stores or websites that sell products or services to you directly. In other cases, we operate stores, provide services or sell product lines jointly with these businesses. We share customer information related to those transactions with that third party.
Promotional Offers. We periodically provide our customers with information about third party products and services we believe will be of interest to you and with opportunities to participate in offers and/or promotions on behalf of other businesses. Your participation in these events may require us to share data with such a business. If you do not want to receive such information or offers, on behalf of third parties or otherwise, please opt-out during registration, email us later at email@example.com, or follow the unsubscribe instructions within each communication.
Other Third Parties/Select Partners. From time to time, we might establish a business relationship with other persons or entities whom we believe are trustworthy and whom we have asked to confirm that their privacy policies are substantially consistent with ours. These are known as our Select Partners. In such cases, we might share and cross-reference information, including personal information about you, that will enable such persons or entities to contact you regarding products and services that may be of interest to you. We may also combine your personal information with publicly available information and information we receive from or cross-reference with our Select Partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and services that may be of interest to you and for further promotional purposes. If you do not want us to share information with Select Partners, please opt-out during registration, email us later at firstname.lastname@example.org, or follow the unsubscribe instructions within each communication.
Reviews/Share This/Testimonials. If you review a product on one of our Stores, your review may be posted on that Store and/or any of our other Stores, as well as on a partners’ network site that shares reviews with other shopping communities. When you use “ShareThis” to post to social networking sites or to tell your friends about any of our Stores, the information is collected by a third party site to facilitate your postings. “ShareThis” allows you to enter your friend’s email address and/or import email contacts from various email service providers. Once the email addresses are imported, you must manually click on each email address you wish to send a communication to. Please note that these third party sites’ privacy policies govern the collection and use of the information collected on those sites. You should be aware that any personally identifiable information you submit can be read, collected or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. When seeking or receiving customer testimonials or feedback, we disclose that we may post their first name along with all or a portion of their testimonial on the Stores unless they inform us otherwise by following the instructions we provide.
Merger/Sale. In the event that any of our Stores, all or substantially all of their respective assets, or a line of business of any of our Stores, is acquired, individually identifying information of our members may be one of the assets sold in connection with that transaction, without notice to you or your consent. We will notify users of the Stores of such a change in ownership or transfer of assets by posting a notice on the Stores.
Bankruptcy. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred or used. Therefore, you should know that in such event, your personal information may be treated like any other asset of G.A.M.P., and sold, transferred or shared with third parties, or used in ways not contemplated or permitted hereunder, without notice to you or your consent.
How Secure Is the Personal Information You Collect?
We have taken precautions, including the deployment of technological resources and the use of firewalls, systems and procedures, to protect the security of your personal information. When you enter credit card information on our Stores, we may store it so that you do not have to re-enter it every time you order, but we encrypt it when storing. While no security system is absolutely foolproof, we are constantly reviewing, refining and upgrading our security technology to protect your privacy. When you open an account with one of our Stores, you are issued a password by which to access and secure your account and account information. Although we have taken these precautions, you are responsible for maintaining the secrecy of your password, which should not be disclosed by you. When using a shared Device, always be sure to sign off when finished.
You must be 18 years of age or older to become a member of any of our Stores. We do not knowingly collect information from minors.
Changing Your Personal Information
You may review, change or correct your personally identifying information at any time by accessing your account information on the Stores or calling us at the contact information below. You are responsible for maintaining the accuracy and completeness of your personal and other information, including your email address, and we urge you to review your information regularly to ensure that it is correct and complete.
Conditions of Use, Notices and Revisions
If you have any questions or concerns regarding privacy at ShockEater.com, please contact us at:
ShockEater Shooting Gear c/o G.A.M.P.
P.O. Box 1345, Gibsonia, PA 15044