You may use this site for legitimate shopping purposes only. You may not harm the site in any way or otherwise use the site in any improper manner, including, but not limited to hacking into the site’s systems, spoofing or faking email headers or slowing or stopping the functionality of the site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spillway Sportsman suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Spillway Sportsman in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the site. You will create a password and account designation upon completing the registration process. Spillway Sportsman will not be liable for any loss or damage arising from your failure to comply with this paragraph.
RESTRICTIONS ON USE OF MATERIALS
This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by Spillway Sportsman its related entities, parents and its licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPILLWAY SPORTSMAN DOES NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE (INCLUDING PRICING AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL SPILLWAY SPORTSMAN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, EVEN IF SPILLWAY SPORTSMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE REDCATS USA HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT SPILLWAY SPORTSMAN IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SPILLWAY SPORTSMAN 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 USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
You agree to indemnify, defend, and hold harmless, Spillway Sportsman its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Spillway Sportsman reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you’ll fully cooperate with Spillway Sportsman in asserting any available defenses.
UNSOLICITED SUGGESTIONS AND CUSTOMER SUBMISSIONS
Please note that any suggestions, materials, ideas or comments submitted to Spillway Sportsman shall be deemed as not confidential. You hereby grant Spillway Sportsman an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever, and you represent and warrant to Spillway Sportsman that no such submissions will violate or infringe upon any copyright, trademark, or any other intellectual property or other rights (including but not limited to defamation or invasion of privacy) of any person or entity. All such submissions are subject to the DMCA notice-and-take-down procedure described below.
JURISDICTION AND GOVERNING LAW
NOTIFYING US OF CLAIMED COPYRIGHT INFRINGEMENT
If you wish to notify Spillway Sportsman of an alleged copyright infringement for material posted on our site, to be effective, your notice must be a written communication to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your notice must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted 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.
3. 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. The best method is to provide a URL in the body of an email.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. 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.
6. 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.
Such written notice should be sent to our designated agent as follows:
P.O. Box 156
Brusly, La 70719
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c) (1) (C) or an agent of such person.