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Site Terms
1. Your submissions. You may submit to us stories, quotes, anecdotes, lacrosse legends, pictures and video that promote the tradition and culture of lacrosse("Submissions"). If we view your Submission as appropriate, credible and of interest to visitors to our web site ("Site"), we will post it on our "Traditions" page. You agree that you will NOT transmit any of the following:
While Talon is not responsible for the content of Submissions provided by visitors, Talon reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that Talon deems necessary relating to use or misuse of the Site. Talon may request confirmation of the copyright or trademark ownership from the submitter. If Talon does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Talon reserves the right to share the submitter's personal information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Talon reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to Talon a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions. In addition, you warrant that all moral rights in any Submissions have been waived and do hereby waiver any such moral rights. Your physical or electronic sharing of your Submission constitutes permission for reprinting by the recipient. Talon will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.2. Copyright Notice. Talon is committed to protecting copyrights and expects users of the Site to do the same. Each submitter is required by US law to own the right to, or to obtain permission to, use any Submission before it is uploaded onto our Site. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details. Talon Lacrosse, LLC 1420 Orange Ave. San Carlos, CA 94070 Email: info@talonlacrosse.com 3. Trademarks. Talon Lacrosse owns the trademarks for the following: Talon Lacrosse, Where Tradition Meets Technology, The Force of Nature, Talon Spirit, Legend, Shaman, Hummingbird, Thunder, Protector, Keeper, Thunderbird and Brave. All rights reserved. No use of the Talon marks or logo is permitted without written consent of Talon Lacrosse, LLC. 4. Third-party links. We may provide links to third-party sites that might be of interest to you; however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that Talon is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by Talon of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites. 5. Copyrighted material and software. All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. All right, title and interest in and to the Talon Site is and will remain the exclusive property of Talon and its licensors. The Site is protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the Site on, or in connection with, any other website, for any purpose.6. Privacy policy. When you order products from Talon, you need to provide some personal information, such as your name, email address, mailing address and credit card information. We protect and use this information as set forth in our Privacy Policy. 7. Claims. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California. 8. Disclaimer of warranties. EXCEPT AS OTHERWISE PROVIDED, THE CONTENT AND/OR PRODUCTS AVAILABLE THROUGH THE TALON SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TALON MAKES NO WARRANTY THAT ITS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TALON MAKES NO WARRANTY REGARDING ANY GOODS, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH TALON'S SITE OR ADVERTISED THROUGH TALON'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TALON OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 9. Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TALON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF TALON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, TALON'S SITE, FROM ANY CHANGES TO THIS SITE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT TALON IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, TALON WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. 10. Customer Policy for Idea Submission. Many of our customers are interested in submitting ideas for products and services to be used at Talon, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:
11. Miscellaneous. We may assign our rights and responsibilities hereunder without notice to you. All items purchased through Talon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. When you place an order, Talon will not bill you until we ship the items ordered. Talon reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment. If any part of these Terms and Conditions are held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. These Terms constitute the entire agreement between you and us, and supersede all other communications, written or oral. The failure of Talon to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. |
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