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Terms of Use/Privacy Policy

TERMS OF USE & PRIVACY POLICY

Effective Date: August 2016

TERMS OF USE

Alien Outfitters (“AI”) operates the website located at http://www.alienoutfitters.com (“Site”).  Please read these Terms of Use (“Agreement” or “Terms of Use”) carefully before using the Site.  This Agreement sets forth the legally binding terms and conditions for using the Site and all services provided on the Site.  This Agreement applies to all users of the Site.  By using the Site in any manner, you agree to be bound by the terms and conditions of this Agreement, including any additional terms, conditions, and policies available on the Site. 

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. 

License and Access.  Subject to your compliance with Terms of Use, AI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by AI or its licensors, suppliers, publishers, rightsholders, or other content providers. Nothing on the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AI. 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 AI without express written consent. You may not use any meta tags or any other "hidden text" utilizing AI's name or trademarks without the express written consent of AI. The licenses granted by AI terminate if you do not comply with these Terms of Use.

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. 

 

AI reserves the right to refuse or suspend service to anyone, for any reason, at any time, including in the event of your actual or suspected unauthorized use of the services or non-compliance with these Terms of Use or other AI policy.  AI reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. 

Third Party Advertising.  The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by AI.  We cannot control, and we assume no responsibility for, the content, availability, privacy practices, or business practices of any third-party websites or resources linked to or referenced on the Site. AI does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.  You agree that AI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources. Your dealings with any such third-party websites are solely between you and those third parties.  If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms of Use and other AI policies do not apply to your use of such websites.  We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policies of any third-party websites or services that you visit. 

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

DMCA Notice.  AI reserves the right in its sole discretion to remove any content from the Site for which it has been informed or has reason to believe may infringe a third party’s intellectual property right(s).  If you believe your copyrighted work has been copied on the Site in a way that constitutes copyright infringement, please notify AI at the Notice address provided in these Terms of Use.  You must provide the following information in writing:  (i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the Site; (iv) information reasonably sufficient to permit AI to contact you, such as your address, telephone number, and email address; (v) a statement that you have 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 (vi) a statement, made under the penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.  Please note that this procedure is exclusively for notifying AI that your copyrighted material has been infringed, and the preceding requirements are intended to comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”). 

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. 

AI Service.  AI reserves the right to modify or terminate the Site for any reason, without notice, at any time.  AI reserves the right to alter these Terms of Use or other Site policies at any time.  Each revised version these Terms of Use will be posted on the Site.  Continued use of the Site constitutes your acceptance of any revised Terms. 

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; contact@themooncult.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. 

PRIVACY POLICY

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.

You acknowledge that this Privacy Policy is part of our website Term of Use, and by accessing or using the Site, you agree to be bound by all of its terms and conditions. If you do not agree to the Terms of Use, please do not use or access the Site. If you have questions or concerns about our privacy policy or practices, please contact us athello@coursecats.com.

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.

3. Security. We have put into place appropriate measures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect on the Site. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that information we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

4. Cookies. Cookies are pieces of information that a website transfers to an individual’s hard drive that can be retrieved later to identify you. The use of cookies is standard on the internet. We may choose to use cookies in order to monitor website traffic and/or to recognize return visitors as a way to facilitate and customize your use of the Site. Except as described above, we do not use information transferred through cookies for any promotional or marketing purposes, nor do we sell the information to third parties.

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.

In addition, our advertisers may use other third-party advertising technologies to target advertising on the Site and other websites. We have no control over information that is submitted to, or collected by, these third parties. Each third party has its own privacy policy, and customers should consult the third party privacy policy before providing any personal information. Please contact these third parties directly if you have any questions about their use of the information that they collect.

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.

7. Miscellaneous. This Privacy Policy, and all claims or issues regarding our site, shall be governed according to the laws of the State of North Carolina, without giving effect to any conflicts of laws principles. Except as otherwise required by law, any legal action concerning this Privacy Policy or our site must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of North Carolina. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient.

If any part of this Privacy Policy is deemed invalid or enforceable, the remainder of this Privacy Policy shall continue in effect. Any failure to insist upon strict enforcement of this policy shall not be construed as a waiver of any provision of right contained in this policy.

8. Your Acceptance of These Terms. By using the Site, you signify your assent to this Privacy Policy. If you do not agree to this policy, please do not use the Site. We reserve the right to change, modify, add, or remove portions of this policy at any time. If we change our privacy policy, we will post those changes on this page. Please check this page periodically for changes. Your continued use of this site following the posting of changes will signify your acceptance of those changes.

9. Contact Us. Please contact us if you have any questions or concerns about our Privacy Policy.

Alien Outfitters // PO BOX 49354 // Charlotte, NC 28277 or contact@themooncult.com (704) 676-2222 


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