Terms and Conditions of Use

1.          Introduction

Welcome to Mossberg International, Inc.’s web site (hereinafter, the “Site”). The Site is governed by the policies, terms and conditions set forth below (the “Terms and Conditions of Use”).  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 International, Inc. 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 International, Inc. 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 copyrighted by Mossberg International, 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 International’s written permission in each instance.  Modifications of the materials or use of the materials for any other purpose is a violation of Mossberg International'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 International, Inc.  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 International 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 International's express prior written permission in each instance. 

4.         Submissions 

Mossberg International, Inc. does not claim ownership of the photographs, slides, images or other materials (collectively, "Materials") you provide to Mossberg International, Inc. However, by sending, mailing, forwarding, uploading, inputting, providing or otherwise submitting Materials to us, you are granting Mossberg International, Inc. 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 International, Inc. 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 International, Inc. 

Mossberg International, Inc. is under no obligation to use any Materials you provide and may remove any Materials from its publications and/or web site at any time in Mossberg International, Inc.'s sole discretion. Mossberg International, Inc. will not return any submitted Materials to you. Any Materials submitted to Mossberg International, Inc. without your name, address and telephone number shall not be selected for use.

Mossberg International, Inc. 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. 

5.         Disclaimers 

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 INTERNATIONAL, INC. 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 INTERNATIONAL, INC. 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 INTERNATIONAL, INC. 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 INTERNATIONAL) 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 INTERNATIONAL, INC. 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 International, Inc., its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Mossberg International, Inc. or its affiliates. 

7.         Links or Unaffiliated Products and Sites 

Mossberg International, Inc. and its affiliates (“The Mossberg International Companies”) do not endorse, support, sanction, warrant, guarantee or verify the information or material that is provided on other web sites. The Mossberg International 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 International 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 International, Inc. 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 International, Inc.  Should the viewer leave the Site via a link contained herein, and view content that is not provided by Mossberg International, Inc., the viewer does so at its own risk.  Mossberg International, Inc. 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 

The Mossberg International, Inc. products displayed 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 without notice.  All product information and specifications listed on this Site are subject to change without notice.   

9.         Governing Laws 

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 International, Inc. intends to make such products or services available in such countries.

10.       Jurisdiction 

You agree to irrevocably submit to the jurisdiction of the Superior Court for the Judicial District of Hartford-New Britain at Hartford, Connecticut and/or 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.  You also agree to irrevocably waive, to the fullest extent permitted by law, any objection which you 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.

11.       Termination 

This Agreement is effective until terminated by Mossberg International, Inc. 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.

© 2003 Mossberg International, Inc., All Rights Reserved

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Copyright 2003  Mossberg International, Inc.  All rights reserved.

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