
1. TERMS AND CONDITIONS OF SERVICE. The OutfittingMontana.com
web site, owned and operated by Outfitting Montana L.L.C., is provided
to you ("the Member") under the terms and conditions of
these Terms of Service ("Terms") and any operating rules
or policies that may be published from time to time by Outfitting
Montana L.L.C.. By completing the registration process and submitting
payment, you are indicating your agreement to be bound by all of
the terms and conditions of these terms.
2. REGISTRATION. The Service is provided to the Member for a monthly
fee of $40.00 for Package one, $60.00 for Package #2, and $80.00
for Package #3; provided that the Member must: (1) provide all equipment,
including a computer and modem, necessary to establish a connection
to the World Wide Web; (2) provide for the Member's own access to
the World Wide Web; and (3) pay any telephone or other service fees
associated with such access. In consideration for the Service, the
Member agrees to: (1) provide certain current, complete, and accurate
information/data about the Member as prompted to do so by the Registration
form; and (2) maintain and update such registration information
("Registration Data") as required to keep it current,
complete and accurate. If any Registration Data provided by the
Member is untrue, inaccurate, not current or incomplete, Outfitting
Montana L.L.C. retains the right to terminate the Member's account
and rights to use the Service.
3. MODIFICATIONS TO TERMS. Outfitting Montana L.L.C. may change
these Terms from time to time. Upon any change in the Terms, Outfitting
Montana L.L.C. will notify the Member by sending a copy of the new
terms to the email address provided upon sign up for the service.
If the member does not have an e-mail address, then a hard copy
of the changes shall be available on OutfittingMontana.com. If the
Member agrees to be bound by the changes, no action is necessary.
If the Member does not agree to be bound by the changes, the member
may cancel their subscription to the service by clicking "deactivate
account" within the user account area. The Member's continued
use of the Service constitutes an affirmative: (1) acknowledgement
by the Member of the Terms and its modifications; and (2) agreement
by the Member to abide and be bound by the Terms and their modifications.
4. MODIFICATIONS TO SERVICE. Outfitting Montana L.L.C. reserves
the right to modify or discontinue the Service, temporarily or permanently,
with or without notice to the Member, and is not obligated to support
or update the Service. The Member acknowledges and agrees that Outfitting
Montana L.L.C shall not be liable to the Member or any third party
in the event that Outfitting Montana L.L.C exercises its right to
modify or discontinue the Service.
5. PRIVACY POLICY. In addition to the restrictions on disclosure
of Registration Data as set forth in Section 2 above, Outfitting
Montana L.L.C will not edit, delete or disclose the contents of
a the Member's private data in connection with the Service unless
authorized by the Member or unless Outfitting Montana L.L.C is required
to do so by law or in the good faith belief that such action is
necessary to: (1) conform with applicable laws or comply with legal
process served on OutfittingMontana.com; (2) protect and defend
the rights or property of OutfittingMontana.com; or (3) enforce
these Terms. However, the Member grants Outfitting Montana L.L.C
the right to disclose to third parties certain items in the Member
Registration Data and information about the Member's use of the
Service; provided that, any such disclosures will exclude the Member's
name, mailing address, email address, account and phone number,
except as specifically authorized by the Member or as required by
any applicable law or legal process served on OutfittingMontana.com..
6. MEMBER ACCOUNT, PASSWORD AND SECURITY. The Member shall have
a password and account upon completing the registration process.
The Member is responsible for maintaining the confidentiality of
the password and account. Furthermore, the Member is entirely responsible
for any and all activities which occur under the Member's password
or account. The Member agrees to immediately notify Outfitting Montana
L.L.C of any unauthorized use of the Member's account or any other
breach of security known to the Member.
7. PARTICIPATION IN PROMOTIONS OF ADVERTISERS. The Member may enter
into correspondence with or participate in promotions of advertisers
promoting their products on the Service ("Advertisers").
The Member acknowledges and agrees that any such correspondence
or participation, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties
or representations associated with such correspondence or promotions,
are solely between the Member and Advertiser. Outfitting Montana
L.L.C shall have no liability, obligation or responsibility whatsoever
arising out of or in connection with any such correspondence or
participation or transactions.
8. LINKS/PARTNERS. The Service may provide links to other web sites
or resources. The Member acknowledges and agrees Outfitting Montana
L.L.C is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or
available from such sites or resources. The Member agrees that Outfitting
Montana L.L.C shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available
on such external sites or resources.
9. PROPRIETARY RIGHTS. The Member acknowledges that content, including
but not limited to text, software, music, sound, photographs, video,
graphics or other material contained in the Service or in sponsor
advertisements or commercially produced information presented to
the Member by the Service ("Content") by Outfitting Montana
L.L.C or Outfitting Montana L.L.C Advertisers, is protected by copyright,
trademarks, service marks, patents or other proprietary agreement
and laws and the Member is only permitted to use this Content as
expressly authorized by Outfitting Montana L.L.C or the Advertiser,
as applicable. These Terms do not transfer any right, title or interest
in the Service or the Content to the Member and the Member may not
copy, reproduce, distribute, or create derivative works from this
Content without expressly being authorized to do so by Outfitting
Montana L.L.C or the Advertiser.
10. MEMBER CONDUCT. The Member agrees to abide by all applicable
local, state, national, and international laws and regulations in
the Member's use of the Service. The Member agrees to be solely
responsible for the Member's actions and the contents of the Member's
transmissions through the Service. The Member agrees not to impersonate
any person or entity or falsely state or otherwise misrepresent
the Member's affiliation with a person or entity.
The Member agrees: (1) to comply with all laws regarding the transmission
of technical data exported from the United States through the Service;
(2) not to upload or distribute in any way files that contain viruses,
corrupted files, or any other similar software or programs that
may damage the operation of another's computer; (3) not to use the
Service for illegal purposes; (4) not to interfere or disrupt networks
connected to the Service; and (5) to comply with all regulations,
policies and procedures of networks connected to the Service. The
Member agrees not to use the Service to collect or harvest personal
information, including, without limitation, financial information,
about other Members of the Service.
The Member agrees not to post, promote or transmit through the
Service any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene, hateful, racially, ethnically or otherwise
objectionable material of any kind or nature. The Member further
agrees not to transmit or post any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or international
law or regulation. The Member shall not interfere with another Member's
use and enjoyment of the Service or another entity's use and enjoyment
of similar services, or engage in surveys, contests, chain letters
or use the Service for any commercial purpose, post or transmit
"junk mail", "spam", "chain letters",
or unsolicited mass distribution of email. The Member acknowledges
and agrees that Outfitting Montana L.L.C neither endorses the contents
of any member communications nor assumes any responsibility for
any threatening, libelous, obscene, harassing or offensive material
contained therein, any infringement of third party intellectual
property rights arising there from or any crime facilitated thereby.
Outfitting Montana L.L.C may, at its sole discretion, immediately
terminate the Member's access to the Service should the Member's
conduct fail to conform with any other provision of this Section
10.
11. DISCLAIMER OF WARRANTIES. The member expressly agrees that
use of the service is at the member's sole risk. The service is
provided on an "as is" "as available" basis.
Outfitting Montana L.L.C expressly disclaims all warranties of any
kind, whether express or implied, including, but not limited to
the implied warranties of merchantablity, fitness for a particular
purpose, title and non-infringement as well as all warranties arising
by usage of trade, course of dealing or course of performance. Outfitting
Montana L.L.C makes no warranty that the service will meet the member's
requirements, or that the service will be uninterrupted, timely,
secure, or error free; nor does Outfitting Montana L.L.C make any
warranty as to the results that may be obtained from the use of
the service or as to the accuracy or reliability of any content
or any information obtained through the service or that defects
in the service will be corrected.
The member understands and agrees that any material or data downloaded
or otherwise obtained through the use of the service is done at
the member's own discretion and risk and that the member will be
solely responsible for any damage to the member's computer system
or loss of data that results from the download or use of such material
or data.
Outfitting Montana L.L.C makes no warranty regarding any goods
or services purchased or obtained through the service or any transactions
entered into through the service. No advice or information, whether
oral or written, obtained by member from Outfitting Montana L.L.C
or through the service shall create any warranty not expressly made
herein. Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to the
member.
12. LIMITATION OF LIABILITY. Outfitting Montana L.L.C shall not
be liable for any direct, indirect, incidental, punitive, special
or consequential damages, resulting from the use or the inability
to use the service or for cost of procurement of substitute goods
and services or resulting from any goods or services purchased or
obtained or transactions entered into through the service or resulting
from unauthorized access to, deletion or alteration of the member's
transmissions or data or failure of the service to store the member's
transmissions or data, including but not limited to, damages for
loss of profits, use, data or other intangible property, even if
Outfitting Montana L.L.C has been advised of the possibility of
such damages. Some jurisdictions do not allow the limitation or
exclusion of liability for incidental or consequential damages so
some of the above limitations may not apply to member.
13. NO RESALE OR COMMERCIAL USE OF THE SERVICE. The Member's right
to use the Service is personal to the Member. The Member may be
an individual, corporation or other business.
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