Terms and Conditions of Use.
Welcome to O.F. Mossberg & Sons, Inc.’s Web Site (hereinafter, the “Site”.) The Site is governed by the policies, terms and conditions set forth below (“Terms and Conditions ” or “Terms.”) PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By using this Site you indicate your acceptance of, and agreement to be bound by, the Terms and Conditions set forth below (also referred to as this “Agreement.”) If you do not agree to these Terms and Conditions of Use, please do not use this Site. Mossberg® reserves the right, at its sole discretion, to change, modify, alter, add or remove portions of this Site and/or these Terms and Conditions of Use at any time and without notice. Any such modification will become effective upon the date they are first posted on this Site. Please review the Terms and Conditions of Use periodically. Your continued use of this Site after the posting of changes to these Terms and Conditions of Use will mean you accept those changes.
2. Site Content and Use of the Site
Mossberg® maintains this Site for your personal information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal, internal informational use only, provided you also retain all copyright, trademark and other proprietary notices contained on the materials and any copy of the materials includes the following copyright notice: “The materials on this Site are Copyright by O.F. Mossberg & Sons, Inc. All rights reserved.” You may not, however, distribute, modify, alter, transmit, reuse, re-post or use the content of this Site for public or commercial purposes, including, but not limited to, product names, designs, logos, titles, text, images, audio and video, without Mossberg’s written permission in each instance. Modifications of the materials or use of the materials for any other purpose is a violation of Mossberg’s copyright and other propriety rights.
3. Intellectual Property Notice
Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other intellectual property (collectively, “Intellectual Property”) of Mossberg®. All other product names as well as unregistered and registered trademarks are the property of their respective owners. Nothing contained within this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mossberg® Intellectual Property displayed within this Site, except as set forth in paragraph 2 above. Any use or reproduction of the Intellectual Property on this Site is strictly forbidden without Mossberg’s express written permission in each instance.
Mossberg® does not claim ownership of the photographs, slides, images or other materials (collectively, “Materials”) you provide to Mossberg®. However, by sending, mailing, forwarding, uploading, inputting, providing or otherwise submitting Materials to us, you are granting Mossberg® and its sublicensees the right and license to use, in perpetuity, any of the Materials submitted to us in business without compensation, notice or credit to the person(s) submitting such Materials. Such rights shall include, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Materials, and to publish your name in connection with your Materials. In addition, Mossberg® shall have the right to make additions to, and new renderings, modifications or embellishments of, the Materials. All such additions, renderings, modifications and/or embellishments shall be and remain the property of Mossberg®.
Mossberg® is under no obligation to use any Materials you provide and may remove any Materials from its publications and/or Site at any time in Mossberg’s sole discretion. Mossberg® will not return any submitted Materials to you. Any Materials submitted to Mossberg® without your name, address and telephone number shall not be selected for use.
Mossberg® shall not be liable by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, which may occur or be produced in the use of such Materials or the publication thereof, including any misspellings or other mistakes with regard to your name or identity and/or the material’s subject(s), if disclosed.
Any person submitting Materials to us represents and warrants that: (1) he/she owns all right, title and interest in such Materials; and (2) our use thereof will in no way infringe upon the rights (including, but not limited to, copyrights) of any person or entity.
The information and materials in this Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Mossberg® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, OR NON-INFRINGEMENT. Mossberg does not warrant that the functions contained in THIS SITE will be uninterrupted or error-free, that defects will be corrected, or that this Site, or the server that makes it available, are free of viruses or other harmful components. Mossberg® does not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Mossberg®) assume the entire cost of all necessary maintenance, repair or correction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
FURTHER, MOSSBERG® DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OUR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF; (D) YOUR USE OF THIS SITE; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
6. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL A COVERED PARTY (AS DEFINED BELOW) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE, OR INABILITY TO USE, THIS SITE, INCLUDING ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. “Covered Party” means Mossberg®, its affiliates and any officer, director, employee, subcontractor, agent, successor or assign of Mossberg® or its affiliates.
7. Links or Unaffiliated Products and Sites
Mossberg® and its affiliates (“The Mossberg® Companies”) do not endorse, support, sanction, warrant, guarantee or verify the information or material that is provided on other Sites. Unless expressly stated otherwise, the Mossberg Companies have no affiliation with any other organizations that may be mentioned or described on this Site, including, without limitation, Mossberg Group, Inc., Mossberg Safe Systems, Inc. and Advanced Ordnance Corp. The Mossberg® Companies also do not make any representations or warranties, either express or implied, with regard to those organizations or the content of their web sites. The content of all information or advertisements appearing on these web sites are the sole responsibility of the other entities. The Mossberg® Companies do not endorse either the accuracy or reliability of the content of these other web sites, or any other information, materials or products distributed by these entities. Descriptions of, or references to, products, publications or web sites not owned by Mossberg® do not imply endorsement of that product, publication or web site. Users may, through hypertext or other computer links gain access to other web sites on the internet that are not owned or operated by Mossberg®. Should the viewer leave the Mossberg® Site via a link contained herein, and view content that is not provided by Mossberg®, the viewer does so at its own risk. Mossberg® has not reviewed all material linked to or from this Site and is not responsible for the content of any such material. Any concerns regarding any such web sites should be directed to the particular web site or service.
8. Product Information; Pricing Information; Availability; Errors and Omissions Disclaimer
The Mossberg® products displayed and/or sold at the Site are available in the United States and select foreign markets while supplies last. The prices displayed at the Site, however, are quoted in U.S. Dollars and are valid and effective only in the United States and subject to change at any time. All product information and specifications listed on this Site are subject to change without notice.
We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturing price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that we will be able to fulfill Customer’s orders.If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price.
9. Payment Terms
Mossberg® accepts only those credit cards mentioned on the product ordering screens as the payment options for your purchase. Your credit card will not be charged until the Products listed in your order are shipped.
10. Compliance with the Law
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products or this Agreement. The Customer is solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies.
11. Sales Terms; Customer Acknowledgment; Return Privileges
The Terms and Conditions specified herein constitute a binding contract between Customer and Mossberg®. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Site. These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
All returns of accessory items purchased on this Site require prior authorization. Returns must be authorized by us within 30 days of the invoice date. Within thirty (30) days of purchase, we will replace or repair, at our sole discretion, any accessory item sold on this Site that is deemed by us to be defective.
When you are asked to share your personal information in order to make a purchase on www.mossberg.com, you are sharing that information with Mossberg® its affiliates, agents and representatives. We contract with another company to provide credit card processing through our Site. We provide this company with only the information needed to perform these services and we work closely with them to ensure your privacy is respected and protected. This other company is prohibited, by contract, from using or sharing this information with anyone for any reason, other than for the sole purpose of processing credit card information for sales on this Site.
On rare occasions, we may need to disclose specific information in response to a court order, upon governmental request, or when we are required by law to do so. Mossberg may also share information with companies assisting in fraud protection or investigation. We will not however, share information with agencies or companies for commercial or marketing purposes.
When you provide your email address, we will only send you emails necessary to process your order or respond to a request.
Mossberg® is committed to providing you with a highly secure ordering environment. We’ve made a significant investment to use the best technology to protect your information. When you make a purchase on our Site, your transactional information is transmitted in a safe, encrypted format; however, we cannot fully warrant the security of any transmitted information and remind you that you do so at your own risk. To safeguard this information, we use one of the best Internet Certificate Authorities, offering you the highest degree of confidentiality and security.
13. Data collection; Cookies
When you place an order on our Site and/or request a catalog, we may collect your name, address, telephone number, email address, and when necessary, credit card information. We maintain the data you provide us in a secure database. This information allows us to process and fulfill your order or catalog request from our Site. If we collect your credit card information, it is used for the sole purpose to bill and ship your order.
14. Governing Laws; All Sales made in Connecticut
This Agreement is governed by, and shall be construed in accordance with the law of the State of Connecticut without reference to the conflicts of laws principles thereof. It is intended that the law governing this Agreement and applicable to its construction be the same that a Connecticut court would apply in construing a contract entered into in the State of Connecticut by two Connecticut residents with the intention that the contract be fully performed in the State of Connecticut. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Mossberg® intends to make such products or services available in such countries.
You agree to irrevocably submit to the jurisdiction of the Superior Court for the Judicial District of Hartford-New Britain at Hartford, Connecticut and to the jurisdiction of the United States District Court for the District of Connecticut over any suit, action or proceeding, in law or in equity, arising out of or in any way related to this Agreement, including the purchase of any products from this Site. You also agree to irrevocably waive, to the fullest extent permitted by law, any objection which either of them may have to the laying of venue of any such suit, action or proceeding brought in any such court, and any claim that such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
This Agreement is effective until terminated by Mossberg®, at any time without notice. In the event of termination, you are no longer authorized to access this Site, and the restrictions imposed on you with respect to material downloads from this Site as well as the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
17. Entire Agreement
The Terms and Conditions contained herein constitute the entire agreement between Customer and Mossberg®. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting us at 7 Grasso Avenue, North Haven, CT 06473.Customer may be authorized by Mossberg® to issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and Mossberg. In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.