Effective Date: August 2016
Site Visitors. The Site is only available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and that all information you submit is accurate and truthful. AI may, in its sole discretion, refuse to allow access to or use of the Site to any user. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You agree to comply with all laws regarding online conduct. In addition, you must abide by AI’s policies as stated in this Agreement and other policy documents listed on the Site, as well as all other operating rules, policies and procedures that may be published from time to time on the Site by AI, each of which is incorporated herein by reference and each of which may be updated by AI from time to time without notice to you.
To purchase products on the Site you must register and create a member account. You must keep account information up-to-date and accurate at all times, including a valid email address. You may not transfer or sell your account or User ID to any other party. You must treat your account information as confidential and personal to you. Keep your password secure. Do not provide your username or password information to any other party. You agree that you are fully responsible for any and all activity, liability, and damage resulting from your failure to maintain password confidentiality. You also agree that AI cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree to notify AI immediately in the event of any unauthorized use of your password or any breach of security.
Terms of Sale. By purchasing any item sold by AI, you expressly warrant that you are in compliance with all applicable Federal, State, and Local laws and regulations regarding the purchase, ownership, and use of the item. It shall be your responsibility to comply with all Federal, State and Local laws governing the purchase or possession of any items listed, illustrated or sold. Your expressly agree to indemnify and hold harmless alienoutfitters.com for all claims resulting directly or indirectly from the purchase, ownership, or use of the item in violation of applicable Federal, State, and Local laws or regulations. You further warrant that you are 18 years of age or older, and understand that some items sold by AI are dangerous if misused. You expressly agree to indemnify and hold harmless AI for injuries which may result from use of products sold by AI. If you have further questions about your state laws concerning the sale, use or possession of knives please go here: http://www.knifeup.com/knife-laws/
Resolution of Disputes and Release. In the event a dispute arises between you and AI, please contact AI. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Western District of North Carolina. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and AI agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release AI (and AI’s officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. AI encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Intellectual Property. Unless otherwise noted, all of the text, information, data, graphics, photographs, images, illustrations, animations, software, audio, video, and all other content on the Site (collectively, the “Content”) is subject to the copyright and other intellectual property rights of AI. All Content on the Site is the sole property of AI. AI reserves all rights not expressly granted in and to the Site and the Content
Access and Interference. AI does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside AI’s control. You agree that you will not: (i) Take any action that imposes, or may impose, in AI’s sole discretion, an unreasonable or disproportionately large load on AI’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user Content (except for your Content) without the prior express written permission of AI and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass AI’s robot exclusion headers or other measures AI may use to prevent or restrict access to AI.
Breach. Without limiting any other remedies, AI may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if AI suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents or guidelines listed on the Site; AI is unable to verify or authenticate any of your personal information or Content; or AI believes that a user is acting inconsistently with the letter or spirit of AI’s policies, has engaged in improper or fraudulent activity in connection with AI or the actions may cause legal liability or financial loss to AI’s users or to AI.
Disclaimer of Warranties. AI makes no representations or warranties as to your use of the Site and the services and assumes no liability or responsibility for the accuracy, or any error or omission, in the Content. We do not represent or warrant that use of the Service by you will not infringe rights of third parties. Third parties may provide some of the content available on the Site. AI does not guarantee the accuracy, integrity, or quality of the content provided by third parties. Neither we, nor any of our affiliates, or any of our employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Site content whatsoever.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS PROVIDE THE SITE AND COMPANY’S SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit. IN NO EVENT SHALL COMPANY, AND (AS APPLICABLE) COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COMPANY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD COMPANY. AND (AS APPLICABLE) COMPANY’S OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR OTHER COMPANY POLICY DOCUMENTS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Choice of Law. This Agreement shall in all respects be interpreted and construed with and by the laws of the State of North Carolina, excluding its conflicts of laws rules, and the United States of America.
Survival. Any and all provisions in this Agreement relating to fees, service, content, licensing, information control, dispute resolution, AI’s intellectual property, data access and site interference, breach of the Agreement, privacy, warranty, limitation of liability, severability, the relationship(s) between and among AI, Site users, and third parties, and choice of law, survive any termination or expiration of this Agreement.
Notices. Alien Outfitters, PO BOX 49354, Charlotte, NC 28277; email@example.com; (704) 676-2222
AI may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to AI. In such case, notice shall be deemed given three days after the date of mailing.
AI operates the website located at the uniform resource locator (“URL”) www.alienoutfitters.com (the “Site”). We respect the privacy of all visitors to our site. Please read this policy before using the Site.
1. Types of Information Collected. We may collect certain personally identifiable information that you voluntarily provide to us when you purchase products, create an account, and/or contact us for customer service purposes. The types of information that may be collected include name, address, email address, telephone number, country of origin, and, as applicable, billing information. Other voluntarily provided information may include testimonials, product descriptions and/or reviews, and information provided when you participate in sweepstakes or contests, message boards and chat rooms, and/or other interactive areas of the Site.
You provide certain personally identifiable information to us when you register your email address with us for mailing list or other Site services and/or when you send email messages, submit forms, or transmit other information. If you correspond with us via email, we may retain the content of your email messages, your email address, and our responses. If you pose questions about the services, we may incorporate those questions onto an FAQ page.
We may also collect and/or our content server may collect certain non-personally identifiable information from your browser when you visit the Site, such as your IP address, cookies, and data about which pages you visit on the Site. This information helps us to administer the Site, analyze problems our servers or software, and to gather demographic information.
2. How We Use the Information. We use the information you submit to operate, maintain, and provide the features and functionality of the Service or otherwise in connection with our business in relation to the Site. If you provide an email address, it may be used to send you information, company news, updates, and/or related product or service information. You may unsubscribe from emails at any time by contacting us using the information provided on the Site. Any information you voluntarily submit for posting to the Site (for example, if you submit a testimonial or a question that would be appropriate for an FAQ) becomes available to the public. Even if you remove the content, copies may remain viewable in cached or archived pages if other users have copied or stored your content.
At this time, we do not sell or disclose your personally identifiable information to third parties. However, this policy may change and information may be disclosed in the event of bankruptcy, merger, or acquisition. Further, we may be required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities. We will disclose personal information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
Most internet browsers are set to automatically accept cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you reject all cookies, we cannot guarantee that all parts of our site will function properly.
5. Collection of Information by Third Parties. The Site may contain advertising which provides links to other sites whose information practices may be different than ours. In the course of advertisements being served to you, a unique third-party cookie or other advertising technology may be placed on your browser. This advertising technology uses information derived from your visits to the Site to target advertising within the Site. This information can be used for many purposes, for example, to ensure that you do not see the same advertisements repeatedly. We may also use this information to help select and display targeted advertisements that we believe may be of interest to you (sometimes called “online behavioral advertising” or “OBA”). We may also use web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser’s cookie when a browser visits the Site, to learn which banner ads bring users to our Site and to deliver more relevant advertising. For more information about online advertising, please visit http://www.aboutads.info/consumers.
6. Children’s Privacy. The Site is in no way directed at or intended for children and/or any persons under the age of 18. As such, we do not knowingly collect personal information from children under 13 years of age without the prior, verifiable consent of a parent or legal representative. Website visitors may be asked to provide their date of birth or a parent’s email address as a verification mechanism. If we become aware that a child has posted any personal information on our website, we will remove the content.
Alien Outfitters // PO BOX 49354 // Charlotte, NC 28277 or firstname.lastname@example.org (704) 676-2222