Terms and Conditions of Use of O.F. Mossberg & Sons, Inc.’s Website
Updated May 24, 2018
Welcome to O.F. Mossberg & Sons, Inc.’s website (hereinafter, the “Website”.) The terms “we”, “us”, or “Mossberg” each refer to O. F. Mossberg & Sons, Inc. and its affiliated entities.
2. Website Content and Use of the Website
We maintain this Website to allow you to access information about, and to stay up-to-date on, Mossberg and our products. Please feel free to browse the Website, access content, and learn more about Mossberg and Mossberg products. You agree to use the Website for your personal, non-commercial use only. You are not permitted to download, store, copy, reproduce, alter, modify, create derivative works, publicly display or perform, publish, republish, transmit, post, or re-post or distribute any of the materials or content displayed or featured on our Website, except under the following circumstances:
- You may use materials or content from the Website in the event Mossberg, or the owner of the materials or content, has provided express, written authorization and permission to you;
- Your computer may store copies of materials and content from our Website on your computer or device temporarily and files may be automatically, but not permanently, cached by your Internet browser; and
- You may print or download product catalogs, manuals, promotional literature, images, and other materials and content provided by Mossberg solely for your personal, non-commercial use.
You agree not to alter, modify, or change materials or content from the Website in any manner. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by Mossberg. Any use of the Website not expressly permitted by these Terms is a breach of the Terms and may violate a variety of state and federal laws, including, but not limited to, intellectual property laws.
3. Intellectual Property
The Website, including its content, design, features, text, logos, images, videos, audio, and functionality are owned by Mossberg or other providers of such material and are protected by intellectual property laws, such as the intellectual property laws of the United States, including, but not limited to, copyright, trademark, trade secret, and other intellectual property or proprietary rights laws (the “Intellectual Property”). For example, “Mossberg,” our names, product names, brand names, logos, designs and slogans are trademarks of Mossberg. Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed within this Website, regardless of whether such Intellectual Property is owned by Mossberg or others, except as set forth in paragraph 2 above. Any use or reproduction of the Intellectual Property on this Website is strictly forbidden without the express written permission of the applicable Intellectual Property owner in each instance.
We do not claim ownership of the photographs, slides, images, content, or other materials (collectively, “Materials”) you provide to us, whether you provide that to us through our Website or other means, such as email. However, by sending, mailing, forwarding, uploading, inputting, providing, or otherwise submitting Materials to us, you agree to, and grant to, Mossberg and its sublicensees the right and irrevocable license to use, in perpetuity, any of the Materials submitted to us without compensation (i.e., on a royalty-free basis), notice, or credit to the person(s) submitting such Materials. Such rights shall include, without limitation, the right and license 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 create 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 Website at any time in our sole discretion. We will not return any submitted Materials to you.
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 rights, 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. You are solely responsible for any Materials you submit to Mossberg, including the lawfulness, appropriateness, originality, or copyright. You may not submit information, content, or Materials that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, constitutes trade secret or confidential information, abusive, illegal or otherwise objectionable; or (ii) constitutes or encourages a criminal offense, or that violates the rights of any party or otherwise gives rise to liability or violates any law.
The information, content, and materials on this Website 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. Mossberg does not warrant that the functions contained in or the operation of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website, 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 information, content, and materials in this Website 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 WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD-PARTY WEBSITES 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 WEBSITE OR ANY PORTION THEREOF; (D) YOUR USE OF THIS WEBSITE; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.
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 WEBSITE, INCLUDING ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL 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 does not endorse, support, sanction, warrant, guarantee or verify the information or material that is provided on other websites. Descriptions of, or references to, products, publications or websites that are not owned by Mossberg do not imply endorsement of that product, publication or website. You may, through hypertext or other computer links gain access to other websites on the Internet that are not owned or operated by Mossberg. Should you leave the Mossberg Website via a link contained herein, and view content that is not provided by Mossberg, you do so at your own risk. Mossberg has not reviewed all material linked to or from this Website and is not responsible for the content of any such material. Any concerns regarding any such websites should be directed to the particular website or service.
8. Product Information; Pricing Information; Availability; Errors and Omissions
The Mossberg products displayed and/or sold at the Website are available in the United States and select additional markets while supplies last. The prices displayed on the Website, 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 Website 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 your 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
We accept 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
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to Mossberg products or this Agreement. You are 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
All returns of accessory items purchased on this Website require prior authorization. Returns must be authorized by Mossberg within thirty (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 Website that is deemed by us to be defective.
12. Privacy; Data Collection and Security; Cookies
13. Governing Laws; All Sales Made in Connecticut
This Agreement is governed by, and shall be construed in accordance with, the laws 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.
You agree to irrevocably submit to the jurisdiction of the Superior Court for the Judicial District of New Haven, 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 Website. You also agree to irrevocably waive, to the fullest extent permitted by law, any objection which either court 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, which termination can occur at any time without notice. In the event of termination, you are no longer authorized to access this Website, and the restrictions imposed on you with respect to material downloads from the Website, as well as the disclaimers and limitations of liabilities set forth in this Agreement, shall survive.
16. Entire Agreement