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Terms of Use, Copyright and Privacy Agreement

Terms of Use, Copyright and Privacy Agreement

THE YORK COMPANY, LLC
Terms of Use, Copyright and Privacy Agreement – Updated Jul. 2017

PLEASE READ THIS TERM OF USE, COPYRIGHT AND PRIVACY AGREEMENT (FURTHER REFERRED TO AS “TERMS” OR “AGREEMENT”) CAREFULLY. THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. THIS AGREEMENT FORMS A BINDING AND LEGAL AGREEMENT BETWEEN YOU AND THE YORK COMPANY, LLC (HEREAFTER “TYC”, “US” or “we”) IN THE USE OF ANY OF THEYORKCO.COM, any of its subdomains or any other website on which a link to this agreement appears, together with the “SERVICES” DEFINED BELOW (collectively, the “tyc website”).

As used in this Agreement, “You” or “User” means both (i) the individual now registering, accessing, viewing and/or using as a user of the Site or the existing user of the tyc sites now agreeing to this Agreement, as the case may be, and (ii) if applicable, the company or other business or governmental entity specified by you upon registration, ACCESS, VIEWING OR USE hereof (any such entity, “your Company”).  You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.  BY REGISTERING, ACCESSING, VIEWING AND/OR USING the TYC WEBSITES, YOU ATTEST THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.  By accepting this Agreement, You agree that this Agreement, as and all of the following provisions, terms, conditions and rules, will apply whenever you use the TYC Website and Services offered hereby.  Some websites related to, or affiliated with, the TYC Website, may have additional or other terms that we provide to you when you use those sites.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP USING, STOP ATTEMPTING TO USE, OR STOP ATTEMPTING TO ACCESS THIS OR ANY OTHER TYC WEBSITE OR PROPERTY. IF YOU USE, ACCESS OR CONTINUE TO USE ANY TYC WEBSITE, YOU ARE AGREEING TO THESE TERMS IN FULL. YOU ARE RESPONSIBLE FOR YOUR AGREEMENT TO THESE TERMS AS WELL AS ANY CHANGES TO THEM IN THE FUTURE. CONTINUED USE AFTER ANY CHANGES IN THE TERMS CONSTITUTES CONTINUED AGREEMENT TO TERMS.

YOU MUST BE AT LEAST AGE 18 TO USE THIS SITE. By using this site, you affirm that you are over age 18. If you are under age 18, you may not access or use this site.

1. ENTIRE AGREEMENT. This Agreement is the complete and entire agreement between You and TYC and is the current and binding legal agreement above all other agreements (including, but not limited to any earlier versions or editions of this Agreement). We reserve the right to modify and/or change any part of this Agreement at any time and new terms or conditions will be effective immediately with or without notice, unless required by applicable law, but will be published on TYC Website when updated. Use of TYC Services constitutes an acceptance of this Agreement, and is a legally binding agreement including any future changes hereto. If you cannot abide by this Agreement at any time now or in the future, stop using any and all TYC Services and/or TYC Websites.

2. DESCRIPTION OF SERVICES. TYC provides services (hereafter “Services”) which can include the marketing and potential sale of firearms, ammo, Law Enforcement equipment, accessories and other related items by and through various manufacturers or TYC, public writing and publishing, commenting, discussions, linking, publishing images video and/or audio and includes any related services which may include emails, newsletters, contests or sweepstakes, or other services not listed. All current Services as well as Services not listed or future Services are included in and are subject to this Agreement.

3. PRIVACY POLICY. TYC has included its privacy policy as part of this Agreement. All personal information including names, social media contacts, addresses, etc., which User enters into any TYC Website is private unless they share that information publicly through TYC Websites, profiles, bios, or elsewhere. TYC respects our Users and their privacy and will not sell or disclose your personal information to any third parties unless required to do so by law, or to be in compliance with any possible legal situations, or to protect TYC and its rights and properties, or by the permission of User. Your personal information may be used in safety, debugging or correctional actions, and/or statistical analysis for TYC purposes, but in which case individual identities will be protected. TYC will protect User Privacy to the best of its abilities.

By “personal information” we mean any information that may identify the User which may include, but is not limited to: name; email; address; age; etc. The Privacy Policy included in this Agreement applies to personal information entered into TYC Websites or gathered or collected by TYC as a result of Your use of a TYC Website or a Service provided by TWY. Your personal information may be received by signing up or registering with any one of TYC Websites, subscriptions to newsletters or mailings, contest entries, profiles or third party memberships, logins through Facebook, Twitter or any other social media platforms (“Social Media Platforms”) which interact with TYC Websites.

TYC is not responsible in any way for personal information you make public in any way and in any place, and you assume full responsibility for it and its possible misuse. Anyone posting personal information on TYC Websites should be aware of this disclaimer and should be aware of our discouragement of this practice for safety concerns. When you publicly post personal information, it is not covered under this Privacy Policy nor does TYC have any responsibility or liability if you engage in publicly making known your personal information. You do so at your own risk.

TYC may collect information indefinitely for the purposes of research, statistics, marketing or advertising, research or improvement, user experience, security, spam or virus protection, legal and/or other purposes while still complying with Privacy Policy as above. This may include, but is not limited to cookies, IP addresses, browser types, ISPs, your OS, site traffic, and other User statistical information. This is done strictly to make our Service the best it can be for Users, quality control, or TYC marketing, sales or advertising. We may also collect information from any third party which may include, but not be limited to connections from Social Media Platforms in which we may collect your identification, usernames, emails or address connected with that third party. In such cases, this Privacy Policy will be abided and protected.

We reserve the right to provide third parties, vendors, clients or customers of TYC with statistics or other information which may include details about TYC Services and Users. This is strictly for the purposes of sales, marketing, partnerships, general business or Quality Control. TYC may use third party products in which case personal information be used or stored, for example (but not limited to) sending out newsletters through a third party who specializes in email campaigns, or a delivery company. User will not hold TYC responsible for any violations of this policy in the case of breach of security or privacy on the part of a third party or TYC and all parties enter into this Agreement in good faith. Any personal information is still owned solely by TYC and is not sold or used by any third-party vendor.

TYC may promote User articles or videos from a TYC Website. In such cases, we will refer to their username or the name designated to be used publicly on the website (from their profile). We promote these articles and/or videos with their permission, and by your use of TYC Websites, you hereby grant this permission to TYC.

The above applies to any and all contests, sweepstakes or anything else which involves any registration in which personal information may be collected and/or stored. Contest rules apply but do not supersede this Agreement.

TYC may use personal information by and for other properties or websites of TYC, but only properties and websites owned by TYC. We do so with your permission, granted by your acceptance of this Agreement and this Privacy Policy applies to all TYC Websites, Services and other property owned by TYC.

TYC may use your personal information for the purposes of newsletters to Users, promoting new vendors, products, sites or articles, etc., but User will have ability to subscribe or unsubscribe as they see fit. Subscribing to TYC Websites or Services is considered permission to add User to these lists, but is expressly used for and by TYC for TYC purposes alone and in accordance with the Privacy Policy. We do not share any list we may have with any outside source unless covered in this Privacy Policy. If User has trouble with subscription or unsubscription from any TYC Website, please contact TYC at “support at theyorkco dot com” and we will handle it promptly.

If you would like to engage in more privacy protection, TYC encourages Users to research and employ their own preferred methods which may include disabling cookies, ad blocking software, etc.

You may change your personal information at any time by logging in and adding, changing or deleting it in your profile. Information should update instantly, but TYC is not responsible for any lags, glitches or liabilities due to publicly posted information by the User.

In the case of a sale or transfer of ownership of TYC, its website or other property of TYC in which your personal information may be involved, your personal information as included in this Agreement may be transferred to another company with or without notice to you. Please review this Agreement regularly in the case of sale or transfer to be aware of changes in the Terms.

We reserve the right to change this Privacy Policy at any time without notice. Updates will be posted on TYC websites, so please check them regularly to be aware of any new changes.

TYC values its Users, partners, vendors and customers alike and respects their privacy and does so in good faith.

Any other questions about Privacy, please email us at “support at theyorkco dot com”.

4. SECURITY. TYC has reasonable and appropriate protections of the information we may collect from or about our Users. We reserve the right to disclose any information we deem necessary to satisfy applicable laws, regulations, or any other legal processes.

5. RESPONSIBILITY. By accepting this Agreement, you are acknowledging that you are responsible for your username, password, any personal information including third party information such as your social media, etc., and the security involved in, but not limited to the items listed above. TYC is not responsible for inaccuracies, untruths, or any other registration data entered by User.

You are also acknowledging that you are over 18 years of age, as our sites are intended for an adult community, not children. We do not knowingly accept the registration of children. By accepting this Agreement, you are attesting that you are at least 18 years old and are fully responsible for your registration and involvement in any TYC property.

You are responsible for anything that you see, hear or experience while using a TYC Website or property. You are fully responsible for your account, username, password, etc. Please report any potential security or threatening situations.

In any and all transactions you may enter into, you are entirely responsible for ensuring the sale and transfer of any and all items complies with applicable legal requirements for the sale, transfer and transport of any items. This includes any statutes, regulations, requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding online sales, the sale and/or transfer of any item export or import control, taxation, duties or tariffs, presence or licensing of brokers. You and any manufacturer entering into any sales contract are solely responsible for any sales, results of sales or any other related activity resulting from the marketing featured on this site.

6. ORDER ACCEPTANCE. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. TYC reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products are subject to change without notice. Errors will be corrected when discovered and TYC reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). TYC reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

7. CONTENT OWNERSHIP AND USE: You may only publish content created by you, which is original content, and which is not pirated, copied, or stolen from another website unless written permission is granted.

Users agree to allow TYC or its partners or associates or successors full license to use and promote this content worldwide, without limit, and without monetary obligation for the purposes of TYC. This includes the right and full license for TYC to use it in any medium, display, advertising, marketing or other social media avenues, etc. This Agreement constitutes User’s permission for TYC to use any content on TYC properties in any way TYC sees fit. User may not use TYC or its website, names, properties for any commercial endeavors or activities without written permission or contract with TYC.

Users agree herewith that TYC is not responsible for anything including, but not limited to, offensive, threatening, racist, vulgar articles, infringement, etc. The User agrees to use TYC site with full responsibility and uses them at their own risk.

You also agree to not knowingly break any law, violate copyrights or trademarks, steal, use or otherwise try to copy TYC sites or their look, feel or content. These sites are protected by Copyright Law. All content is copyrighted and protected and owned by TYC. Use of TYC sites and properties acknowledges User’s agreement to the Terms and acknowledges full ownership of TYC in all articles, videos, audio, content or otherwise. You may use or promote the site or its content for non-commercial use.

We reserve the right, at any time, to change our Terms, Privacy Policies, our website and any and all its content. Your use of our site following any changes constitutes your agreement to follow and be bound by the revised Terms. The revised Terms supersede all previous versions, notices or statements regarding our site. Please see “Updated” above for most recent update.

TYC periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. You agree that TYC has no responsibility and is not liable for: (a) the unavailability of any of our sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of our sites, any Internet service providers or otherwise.

8. CONDUCT OF USERS. All information and content published by User is the full responsibility of User. TYC is not responsible for any misuse in any way of uploaded and published content by User. While we maintain the integrity of our sites, we do not or may not control all of its Users and published content. We ask that Users are respectful and do not post content that is racist, hate-crimes, threatening, Copyrighted, Patented, under NDA or Non-Compete Agreements, excessively vulgar or violent, pornographic, illegal, or otherwise. You use this site at your own risk. If you see any content that violates this Conduct, please report it to the site through the contact forms and TYC will look into it and handle it immediately. You will not copy, publish, make available publicly any news, pictures, interviews, features, or other TYC content, without express written permission from TYC. TYC reserves the right to cancel any subscription to any Services immediately for any reason including those reasons listed herein.

9. USER PROMOTION OF PRODUCTS AND BRANDS AND PROHIBITED USES. TYC uses various independent product suppliers, distributors, etc., who supply the products and content advertised. All trademarks, service marks, product names, designs, company names or logos associated with these that are not owned by TYC but appear on our sites are the property of their respective owners.

Users agree that promoting a particular product, brand or otherwise for financial gains, percentages, sales, etc., are disapproved activities unless approved previously by TYC. The content on TYC properties or websites is meant to be honest and in good faith. Any misleading, biased or jaded content will be removed. By using TYC Services, you agree that: you are not sponsoring any product or brand or if so are doing it with TYC permission in writing; you are not making unauthorized or unlicensed usage of copyrights, patents, or any other intellectual properties or similar; you will not interfere with TYC operations or business including tracking of all statistics, flows of traffic through the site or any other TYC Services; TYC is not responsible for any misleading dishonest, accidental or purposeful interactions due to connections or interactions made through the site; that you are in accordance with the State and Federal Law when using our websites; you will not sell, promote contests, or incentives to other users for your own financial or gain or repute.

The above is not a complete list of illegal and/or prohibited uses of the Service.

TYC reserves the right to review any and all content on all of its sites and within its Services at our sole discretion, and reserves the right to change, edit, delete or remove any content we want or that is found to violate this Agreement. TYC is not responsible for any unauthorized promotions on its websites or for any damages that may come as a result.

You acknowledge in this Agreement that you are using this site honestly, voluntarily, in accordance with the rules set out in this Agreement, and at your own risk.

10. INDEMNITY. You agree to indemnify TYC and hold it, its subsidiaries, affiliates and partners, vendors, providers, employees, owners, officers, Boards, directors, agents, harmless from any claims, demands, Copyright Infringement, liabilities, losses, damages, fees, costs and/or expenses (including attorney fees) incurred by User or any party in connection with our Service(s) and your use of it including any and all submitted content, usernames, passwords, material, etc. This includes violation of this Agreement and/or the violation of other’s rights. This also includes deletion or responsibility of any stored information or failure to store information in TYC properties.

11. NO RESALE. You agree not to sell, copy, duplicate or reproduce, for any reason or financial gain, any part of TYC properties or websites or Services.

12. TERMINATION. We reserve the right to terminate any vendor, customer, account, username, password or access to any and all Services and/or content, at our sole discretion for any reason, at any time without notice. You agree that TYC is not liable for any losses in any form to you or third parties in the case of Termination of Services of any TYC website or property. You may discontinue Service at any time by stopping the usage of any TYC property or website.

13. COPYRIGHT. Copyright Infringement Notification included here. Please report any abuse, privacy violations, illegal activities or anything else in violation of Copyright Law or this agreement to “support at theyorkco dot com.” You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted in a way that constitutes copyright or trademark infringement, please notify us.

If you would like to file a copyright infringement notification with TYC, please send a written letter or email that includes the following in detail (please seek legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

Notification must include the following:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest claiming infringement.
2. A description of the copyrighted work(s) or trademark(s) that are claimed to be infringed. (Please send the URL of each instance.)
3. A description of where the material that you claim is infringing is located on the Service. (Please send URL for prompt location, handling and removal).
4. Your address, telephone number and email address.
5. A written statement (by you) that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
6. A written statement by you, made under penalty of perjury, that the information in your notice is accurate, you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.

TYC will act quickly and remove any and all infringed properties if shown to be a valid infringement. TYC reserves the right to remove any material and/or content without notice at our sole discretion and without liability. Any violating accounts or Users will be deleted, if offense is repeated or severe.

Under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability and damages. Do not submit false claims. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Counter-Notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: A counter-notification submitted must include the following: (i) identification of the specific URLs that were removed or in which we have disabled access; (ii) your full name, address, phone number, email address, username of the account.; (iii) Your attestation of the statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which TYC is located, and will accept service of process from the claimant.” (iv) The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) a scanned physical signature or a valid electronic signature will be accepted.

14. SUBMISSION OF UNSOLICITED IDEAS. TYC does not accept unsolicited ideas of any kind, including but not limited to: advertising, promotions, products, technology, materials, marketing, or any product names. Please don’t send any ideas or materials relating to the above to TYC or its websites. This is so as to avoid misunderstandings, disputes or anything similar should TYC or its websites have products, strategies, changes, etc., that seem similar to unsolicited ideas sent to us. If you do send us any unsolicited ideas of any sort, we make no promises that such they will be treated as confidential or proprietary.

15. ADVERTISING. TYC may use advertising to fund itself and its websites and properties. By using any TYC websites or Services, you are agreeing that we have to right to run advertisements and other various promotions. You agree to not interfere in any way with these advertisements on TYC websites or properties in any way. Any interference will constitute a violation of Agreement and will be grounds for Termination. We reserve the right to change our advertising, marketing, manner and extent in which these are delivered at any time without notice. Any dealings with advertisers or third party companies, clients of TYC or otherwise related to products or services bought, delivery of said products or services, are strictly between you and those advertisers and TYC and all related entities are not responsible for those interactions, dealings, etc. TYC is not responsible for any losses or damages of any kind as a result of TYC’s Advertising.

16. WARRANTIES & LIABILITIES. User agrees that use of any TYC Service is at their sole risk on an as-available and as-is basis. TYC provides NO warranty of any sort regarding service interruption, errors, inaccuracies, or any other issues with Services. You agree herewith that you are using TYC Services at your own risk and absolve TYC from any warranty of any kind regarding all Services and/or products. While we do our best to provide great services and products, we cannot offer warranties in the case of unforeseen circumstances.

TYC shall also not be responsible for any damages resulting from the use of TYC products, Services or properties in any, way shape or form. This includes, but is not limited to, direct, indirect, incidental or special damages resulting from the use of or inability to use TYC Services, goods, purchased goods, messages, transactions, unauthorized accesses, profits, losses, intangible damages or otherwise. This Agreement constitutes your willingness to continue assuming full responsibility for your interactions with any TYC Services.

TYC makes no express or implied warranty whatsoever with respect to any merchandise. The only warranties provided are the respective manufacturer warranties and all requests for warranty information, repairs, and/or claims should be made and shipped directly to the manufacturer.

TYC does not offer returns, refunds or exchanges directly. Contact the distributor or dealer where you purchased the item for their return, refund and exchange policy. If you have any issues with any damaged or defective firearm or product, please contact the manufacturer directly for warranty or repair.

17. LAWS. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. You and TYC agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts within Tennessee.  TYC may have other properties and/or websites and this policy applies to all TYC websites and properties. TYC and its sites are located and hosted in the United States.  TYC Websites are controlled, operated and administered by TYC, which is based within the United States.  We make no representation that functions or information found in TYC Websites are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use TYC Websites or export the information found on or at thereon in violation of U.S. or other export laws and regulations. If you access TYC Websites from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. Except as may be preempted by federal law, this Agreement, all matters arising from or relating to the your use of TYC Websites, and any and all claims arising out of your relationship with the TYC shall be governed by and in accordance with the laws of the State of Tennessee, excluding (i) its conflicts of law provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.

18. VIOLATIONS OF AGREEMENT. Please email us at “support at theyorkco dot com” with any violations of this agreement, with evidence of the violation.

19. COPYRIGHT AND TRADEMARK. Website notice, Copyright 2017 The York Company, LLC. All rights reserved. This website is the copyrighted property of TYC and any products, services, and company names used on this website are registered and common law trademarks of their respective owners. Unauthorized use of any TYC website, property or its contents may violate rights, intellectual properties or trademarks of the respective owners. You will not alter any notices, materials, etc., and must retain any and all copyright and trademark notices.

Use of the site is governed by our Terms of Use, Copyright and Privacy Agreement. Copyright 2014-2017 The York Company, LLC. All Rights Reserved. Reproduction in whole or in part in any form or medium without express written permission of TYC is prohibited.