Terms of Use
Welcome to TrapHappens.com, SportShootingSupply.com,
ClassicUplandSupply.com, GearUpToHunt.com, MizMac.com, WildHareShootingGear.com
and PeregrineFieldGear.com (these websites, along with any new websites
introduced, owned and operated by Peregrine Outdoor Products, LLC, the
"Websites"). These Websites are owned and operated by Peregrine
Outdoor Products, LLC, its affiliates, agents and licensors (collectively,
"we," "us," "our" or "Peregrine"). You
understand that your use of these Websites constitutes your consent to, and
agreement to, abide by the most current version of these terms and conditions
(the "Terms"). We may at any time revise these terms and conditions
by updating the Terms. You agree to be bound by subsequent revisions and agree
to review the Terms periodically for changes to the terms and conditions. The
most up to date version of the Terms will always be available for your review
under the "Terms of Use" link that appears at the bottom of the
Websites. We may also offer other services from time to time that are governed
by different and/or additional terms and conditions.
PRIVACY
Our Privacy Policy also governs your visit to
TrapHappens.com, SportShootingSupply.com, ClassicUplandSupply.com,
GearUpToHunt.com, MizMac.com, WildHareShootingGear.com and
PeregrineFieldGear.com.
GRANT OF LICENSE
Peregrine grants you a single, non-exclusive, limited
personal license to access and use the Websites conditioned on your continued
compliance with the terms and conditions in these Terms. You may not transfer
or share your right to access or use of the Websites.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web
Browser software, or other applications formally approved by Peregrine in
writing, you agree not to use any software, program, application or any other
device to access or log on to Peregrine's computer systems, Websites or
proprietary software or to automate the process of obtaining, downloading,
transferring or transmitting any content, information or quotes to or from Peregrine's
computer systems, Websites or proprietary software. Peregrine is not
responsible for, and makes no warranties regarding, the access, speed or
availability of the Internet in general or the Websites in particular.
You agree that you will not: (a) use any robot, spider,
other automatic device or manual process to monitor or copy our web pages or
the content contained herein without our prior written permission; (b) use any
device, software or routine to interfere or attempt to interfere with the proper
working of the Websites or any transaction being conducted on either; (c) take
any action that imposes an unreasonable or disproportionately large load on our
infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt
to discover any source code.
Much of the information on the Websites is updated on a real
time basis and is proprietary or may be licensed to us by others. You agree
that you will not copy, reproduce, alter, modify, create derivative works, or
publicly display any content from the Websites without our prior written
permission, or that of the appropriate third party. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Peregrine and our
affiliates without express written consent. You may not use TrapHappens.com,
SportShootingSupply.com, ClassicUplandSupply.com, GearUpToHunt.com, MizMac.com,
WildHareShootingGear.com, PeregrineFieldGear.com or Peregrine's name,
trademarks, service marks, logos, designs, slogans or any other words or codes
identifying Peregrine, TrapHappens.com, SportShootingSupply.com,
ClassicUplandSupply.com, GearUpToHunt.com, MizMac.com, WildHareShootingGear.com
or PeregrineFieldGear.com in any meta tags, "hidden text,"
information used by search engines or other information tools to identify and
select sites without the express written consent of Peregrine.
INFORMATION AND PRODUCT DESCRIPTIONS
The Websites may make available certain data, news,
research, statistics, stories, photographs and opinions or other information
(collectively "Information") that it has prepared itself or that has
been independently obtained by other services and individuals, including news
wires, statistics providers, journalists, authors and other providers
(collectively the "Information Providers"). We do not guarantee or
certify the accuracy, completeness, timeliness or correct sequencing of the
Information made available through TrapHappens.com, SportShootingSupply.com,
ClassicUplandSupply.com, GearUpToHunt.com, MizMac.com,
WildHareShootingGear.com, PeregrineFieldGear.com, the Information Providers or
any other third party transmitting the Information (the "Information
Transmitters"). You agree that neither Peregrine, the Information
Providers nor the Information Transmitters shall be liable in any way for the
accuracy, completeness, timeliness or correct sequencing of the Information, or
for any decision made or action taken by you relying upon the Information. You
further agree that neither Peregrine, the Information Providers nor the
Information Transmitters will be liable in any way for the interruption of any
data, Information or other aspect of the Websites. You understand that none of
the Information available through the Websites constitutes a recommendation or
solicitation to take or not take any particular action.
Further, Peregrine does not warrant that product
descriptions on the Websites are accurate, complete, reliable, current or
error-free. If a product offered by Peregrine itself is not as described, your
sole remedy is to return it promptly in unused condition.
COMMUNICATIONS
The Websites may permit you to post reviews, comments and
other content; and submit suggestions, ideas, comments, questions or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights or
otherwise injurious to third parties or objectionable and does not consist of
or contain software viruses, political campaigning, chain letters, mass
mailings or any form of "spam." You may not use a false email
address, impersonate any person or entity or otherwise mislead as to the origin
of your content. Peregrine reserves the right (but not the obligation) to
remove or edit such content, but does not regularly review posted content. If
you do post content or submit material, and unless we indicate otherwise, such
content and/or material will be considered non-confidential and non-proprietary
and you grant Peregrine and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute and display
such materials and/or content throughout the world in any media. You grant Peregrine
and its affiliates and sublicensees the right to use the name that you submit
in connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or entity; and that
you will indemnify Peregrine or its affiliates for all claims resulting from
content you supply. Peregrine has the right but not the obligation to monitor
and edit or remove any activity or content. Peregrine takes no responsibility
and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, Peregrine is free to
use any ideas, concepts, know-how or techniques contained in any communication
you send to Peregrine for any purpose whatsoever, including, but not limited
to, developing and marketing products using such information.
SMS MESSAGING
To increase the efficiency of our Customer Service communication, Peregrine may utilize SMS messaging to reply to customer inquiries or to clarify details of customers' orders. Peregrine will never use text messaging for marketing purposes. Standard data fees and text messaging rates may apply based on your plan with your mobile carrier. As mobile access and text messaging delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed. To stop receiving text messages from Peregrine, reply to any text message with the word STOP.
OTHER BUSINESSES AND LINKS
Parties other than Peregrine and its subsidiaries may
operate stores, provide services or sell product lines on this site. In
addition, TrapHappens.com, SportShootingSupply.com, ClassicUplandSupply.com,
GearUpToHunt.com, MizMac.com, WildHareShootingGear.com and
PeregrineFieldGear.com may provide a link to other services or sites as part of
the Websites. Such sites are not under the control of Peregrine, and Peregrine
makes no representations or warranties whatsoever of the offerings of, any of
these Websites, businesses or individuals or the content of their Websites.
Unless we expressly state otherwise, the fact that Peregrine has provided a
link to a site is not an endorsement of the service or site, its content or its
sponsoring organizations. We do not assume any responsibility or liability for
the actions, product and content of all these and any other third parties. You
should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable and nonexclusive right
to create a hyperlink to the home page of TrapHappens.com,
SportShootingSupply.com, ClassicUplandSupply.com, GearUpToHunt.com, MizMac.com,
WildHareShootingGear.com or PeregrineFieldGear.com so long as the link does not
portray TrapHappens.com, SportShootingSupply.com, ClassicUplandSupply.com,
GearUpToHunt.com, MizMac.com, WildHareShootingGear.com, PeregrineFieldGear.com,
their affiliates or their products or services in a false, misleading,
derogatory or otherwise offensive manner. You may not use the TrapHappens.com,
SportShootingSupply.com, ClassicUplandSupply.com, GearUpToHunt.com, MizMac.com,
WildHareShootingGear.com, PeregrineFieldGear.com or Peregrine logo or other
proprietary graphic or trademark as part of the link without express written
permission. You may further not present the link to TrapHappens.com,
SportShootingSupply.com, ClassicUplandSupply.com, GearUpToHunt.com, MizMac.com,
WildHareShootingGear.com, or PeregrineFieldGear.com in any way that suggests Peregrine
has any relationship or affiliation with your site or endorses, sponsors or
recommends the information, products or services on your site.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THESE WEBSITES ARE PROVIDED BY PEREGRINE ON AN "AS
IS" AND "AS AVAILABLE" BASIS. PEREGRINE MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE
WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE
WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE WEBSITES IS AT YOUR SOLE
RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEREGRINE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEREGRINE
DOES NOT WARRANT THAT THESE WEBSITES, ITS SERVERS, OR EMAIL SENT FROM THESE
WEBSITES OR PEREGRINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEREGRINE
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE
WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify and hold Peregrine and its
affiliates, officers, directors, members, shareholders, agents, employees, and
licensors harmless from any claim or demand, including attorneys' fees, made by
any third party arising out of your violation of these Terms.
COPYRIGHTS
The Websites, their content and compilation of content, and
all software used on the Websites is owned by Peregrine or its affiliates or
agents and is protected by United States Copyright Act of 1976, as amended, and
the copyright laws of other countries. All content, logos, designs and icons
are proprietary to Peregrine or its affiliates or agents. The materials
provided in this service, including graphic images, buttons and text, may not
be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way, without the prior written permission, except that you
may download, display, or print one copy of the materials on a single computer
solely for your personal, non-commercial, home use, provided that you keep
intact all copyright, trademark and other proprietary notices. Modification of
the materials or use of the materials for any other purpose is a violation of Peregrine's,
its affiliates' or its third party information providers' copyrights and other
proprietary rights.
TRADEMARKS
“TrapHappens.com”, “SportShootingSupply.com”,
“ClassicUplandSupply.com”, “GearUpToHunt.com”, “MizMac.com”,
“WildHareShootingGear.com”, “PeregrineFieldGear.com” and other marks (including
graphics, logos, page headers, button icons, scripts and service names)
indicated on our Websites are trademarks or trade dress of Peregrine in the
United States and other countries. Peregrine's trademarks and trade dress may
not be used in connection with any product or service that is not Peregrine's,
in any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Peregrine or the Websites. All other
trademarks not owned by Peregrine that appear on this site are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by Peregrine.
MODIFICATIONS TO THE WEBSITE
Peregrine reserves the right to modify or discontinue,
temporarily or permanently, all or any portion of the Websites with or without
notice. You agree that Peregrine will not be liable to you or to any third
party for any such modification, suspension or discontinuance.
TERMINATION
The license granted under these Terms will terminate if you
fail to comply with any term or condition. Upon such violation, you agree to
terminate access to the Websites. You further agree that Peregrine, in its sole
discretion and with or without notice, may terminate your access to any or all
of the Websites, and remove and discard any information or content within the
Websites. You also agree that Peregrine will not be liable to you or any
third-party for any termination of your access to the Websites.
SEVERABILITY
If any part of these Terms is unlawful, void or
unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of any remaining provisions.
DISPUTES
Any dispute or claim relating in any way to your visit to
the Websites or to products or services sold or distributed by Peregrine or
through any Website will be resolved by binding arbitration, rather than in
court, except that you may assert claims in small claims court if your claims
qualify. The Federal Arbitration Act and federal arbitration law apply to this
agreement.
There is no judge or jury in arbitration, and court review
of an arbitration award is limited. However, an arbitrator can award on an individual
basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must follow the terms of these
Conditions of Use as a court would.
Any arbitration proceedings will be conducted by the
American Arbitration Association (AAA) under its rules, including the AAA's
Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are
available at www.adr.org or by calling 1-800-778-7879. Payment of all filing,
administration and arbitrator fees will be governed by the AAA's rules. We will
reimburse those fees for claims totaling less than $10,000 unless the
arbitrator determines the claims are frivolous. Likewise, Peregrine will not
seek attorneys' fees and costs in arbitration unless the arbitrator determines
the claims are frivolous. You may choose to have the arbitration conducted by
telephone, based on written submissions, or in person in the county where you
live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will
be conducted only on an individual basis and not in a class, consolidated or
representative action. If for any reason a claim proceeds in court rather than
in arbitration we each waive any right to a jury trial. We also both agree that
you or we may bring suit in court to enjoin infringement or other misuse of
intellectual property rights.
APPLICABLE LAW
By visiting the Websites, you agree that the Federal
Arbitration Act, applicable federal law, and the laws of the state of Texas,
without regard to principles of conflict of laws, will govern these Terms of
Use and any dispute of any sort that might arise between you and Peregrine.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Peregrine's copyright agent
the written information specified below:
An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
A
description of the copyrighted work that you claim has been infringed upon;
A
description of where the material that you claim is infringing is located on
the Website;
Your
address, telephone number, and email address;
A statement
by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
A statement
by you, made under penalty of perjury, that the above information in your
notice is accurate, and that you are the copyright owner or authorized to act
on the copyright owner's behalf.