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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Returns
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Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States and
other copyright laws, and is the property of Cobra Outdoor Sports Ltd.. The
collective work includes works that are licensed to Cobra Outdoor Sports, Ltd..
Copyright 2003, Cobra Outdoor Sports, Ltd. ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with Cobra Outdoor Sports, Ltd. or purchasing
Cobra Outdoor Sports, Ltd. products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Cobra Outdoor
Sports, Ltd. or to purchase Cobra Outdoor Sports, Ltd. products. Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by Cobra Outdoor Sports, Ltd.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Cobra Outdoor Sports, Ltd. used
in the site are trademarks or registered trademarks of Cobra Outdoor Sports,
Ltd.
Warranty Disclaimer
This site and the
materials and products on this site are provided "as is" and without warranties
of any kind, whether express or implied. To the fullest extent permissible
pursuant to applicable law, Cobra Outdoor Sports, Ltd. disclaims all warranties,
express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and non-infringement. Cobra
Outdoor Sports, Ltd. does not represent or warrant that the functions contained
in the site will be uninterrupted or error-free, that the defects will be
corrected, or that this site or the server that makes the site available are
free of viruses or other harmful components. Cobra Outdoor Sports, Ltd. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Cobra Outdoor Sports, Ltd. shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Cobra Outdoor Sports, Ltd. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Cobra Outdoor Sports, Ltd. product is mistakenly listed at
an incorrect price, Cobra Outdoor Sports, Ltd. reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. Cobra
Outdoor Sports, Ltd. reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled, Cobra Outdoor Sports, Ltd. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Cobra Outdoor Sports, Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Cobra Outdoor Sports, Ltd. may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to Cobra Outdoor Sports, Ltd..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of New York, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited to
the purchase of Cobra Outdoor Sports, Ltd. products) shall be in the state or
federal courts located in Suffolk County, New York. Any cause of action or
claim you may have with respect to the site (including but not limited to the
purchase of Cobra Outdoor Sports, Ltd. products) must be commenced within one
(1) year after the claim or cause of action arises. Cobra Outdoor Sports, Ltd.'s
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Cobra Outdoor Sports,
Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Cobra Outdoor Sports, Ltd. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Cobra Outdoor Sports, Ltd. does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Cobra Outdoor Sports, Ltd. is merely acting
as a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the site. However, Cobra
Outdoor Sports, Ltd. reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or (d) offensive or otherwise
unacceptable to Cobra Outdoor Sports, Ltd. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Cobra Outdoor Sports, Ltd., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Cobra Outdoor Sports,
Ltd. may link to sites operated by third parties. However, even if the third
party is affiliated with Cobra Outdoor Sports, Ltd., Cobra Outdoor Sports, Ltd.
has no control over these linked sites, all of which have separate privacy and
data collection practices, independent of Cobra Outdoor Sports, Ltd.. These
linked sites are only for your convenience and therefore you access them at your
own risk. Nonetheless, Cobra Outdoor Sports, Ltd. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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