TERMS AND CONDITIONS
May 1, 2015
Please read the following general website Terms and Conditions (these "T&Cs", “TOS” or “Agreement”) carefully before accessing the www.wholesalehunter.com and any web site operated by Open Air Authority, LLC.. (together, the “Sites”), before registering accounts on the Sites ("Account(s)"), making purchases on the Sites or submitting any content to the Sites so that you are aware of your legal rights and obligations with respect to Open Air Authority, LLC., the Sites and any of our affiliates, parents and subsidiaries (individually and collectively, "we," "us," “our” or "OAA"). These T&Cs incorporate by reference any and all terms and restrictions provided in the Products & Legal Restrictions as well as Terms of Sale provided on the Sites. To the extent that anything in, or associated with, either Products & Legal Restrictions or Terms of Sale is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
IMPORTANT INFORMATION TO NOTE:
o SOME OF OUR PRODUCTS, INCLUDING BUT NOT LIMITED TO GUNS, AMMUNITION AND OTHER WEAPONRY HAVE VARIOUS SPECIFIC RESTRICTIONS ON SALE, DELIVERY AND TRANSPORT AS DELINEATED BY LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS. ANY SUCH LAWS ARE INCORPORATED BY REFERENCE INTO THESE T&CS.
o YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs.
o ALL INFORMATION PROVIDED ON THE SITES IS ACCURATE AT THE TIME OF PUBLICATION. PLEASE NOTE THAT WE MAY DISPLAY AN IMAGE OF ONLY ONE OF THE SIZES OF A PRODUCT, AS IMAGES FOR ALL SIZES MAY NOT BE AVAILABLE. PRODUCT DESCRIPTIONS, IMAGES AND INGREDIENTS ARE BELIEVED TO BE ACCURATE BUT MAY BE CHANGED AT ANYTIME BY MANUFACTURERS. PLEASE REFER TO THE MANUFACTURERS WEBSITE FOR THE LATEST INFORMATION.
1. Description of Products: The Sites enable our customers, users and visitors (together “Customers”) to purchase various products, including but not limited to hunting, fishing and general sporting goods and merchandise (together, the “Products”).
i. All descriptions are provided by the manufacturer of the item. Though we have made every effort to ensure the accuracy of information in this website, we will not be held liable for errors or omissions. If you have a question about the product, please contact us before ordering.
i. The pictures we provide are a representation of an item or of a group of items. It may not match the exact item that you are looking at. Please make sure to read the title and description of the item.
ii. Product pictures are provided as a convenience to our Customers. Manufactures do not always have a picture for every item they produce. This leaves some products without a picture. We provide these missing pictures with a picture of a like item.
2. The Sites: These T&Cs apply to all Customers of www.wholesalehunter.com or any of the sites operated by Open Air Authority, LLC.. The Sites includes proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Sites.
3. Registration: In order to have access to certain Services, including but not limited to purchasing Products, you may be required or provided with the option to create an Account. You may never use someone else’s Account.
4. Eligibility: All Customers must be either eighteen (18) years of age or older, emancipated minors, or possess the necessary legal parental or guardian consent to enter into these T&Cs. The Sites and Products were designed for Customers who are legal residents of the United States and its territories. Customers from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in the Sites’ Privacy Policies rather than under the laws of Customers' home countries. Access to the Sites is void where prohibited.
5. Term/Termination: We may decide at any time in our sole and absolute discretion whether to remove and/or terminate a Customer’s access to the Sites or any Product, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of your Account.
6. Content on the Sites: All information provided on the Sites is accurate at the time of publication. Please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available. Product descriptions and images are believed to be accurate but may be changed at anytime by manufacturers. Please refer to the manufacturers website for the latest information.
i. Regardless of any opinion on content submitted by other Customers, you agree that it is your explicit responsibility to remain informed and up-to-date on any and all Laws and restrictions that may apply to you and/or your purchase. Information submitted and/or published to our Sites by other Customers in no way diminishes or negates your explicit responsibility to keep informed of applicable Laws and to purchase and/or ship Products in accordance with any such Laws.
7. Customers Submissions and Comments. This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s) or other content to the Sites. As Customers you may, where and if available, submit or post video, photographic and textual content or comments (“Submission(s)”). Customers agree that whether published or not, OAA does not guarantee the confidentiality of their Submissions. OAA does not condone or tolerate the submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms ("Content Terms"). These Content Terms govern each and every Submission that you post to the Sites. In consideration for posting your Submissions, you represent, warrant and agree that:
8. Online Conduct: You are solely responsible for the Submissions and other information that you publish, transmit or post to the Sites, including the Registration Data. You agree to use the Sites in a manner consistent with any and all applicable Laws as they now exist or may herein after be promulgated. You agree not to:
OAA reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in OAA sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account pursuant to the terms of these T&Cs. OAA reserves the right to pursue any and all legal remedies against Customers who engage in any of the aforementioned prohibited conduct. However, in any event, OAA assumes no responsibility for the conduct of Customers on the Sites.
9. License Grant: As a Customer, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Sites (and their associated content) and Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.
10. Proprietary Rights of Content: The content on the Sites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to OAA, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Sites is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Sites. The posting of information or material at or on the Sites by us does not constitute a waiver of any right in such information and materials.
11. Digital Millennium Copyright Act
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Sites;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OAA’s designated Copyright Agent to receive notifications of claimed infringement is:
Air Authority, LLC.
34 Fire Tower Rd.
Wetumpka AL 36093
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
iv. Your name, address, telephone number, and e-mail address;
v. a statement that you consent to the jurisdiction of the federal court in Elmore County Alabama; and
vi. a statement that you will accept service of process from the person who provided notification of the alleged infringement.
13. Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of:
a. Your actions or omission in violation of applicable Laws;
b. Your Submission or any false or misleading information;
c. Any purchase order and/or provision of delivery instructions provided by you in violation of applicable Laws;
d. Any actions or omission taken by OAA pursuant to any purchase order or delivery instruction provided by you in violation of applicable Laws;
e. Any actions or omission taken by OAA in violation of applicable Laws pursuant to erroneous or false information provided by you;
f. Your use or misuse of the Sites;
g. Your use or misuse of the Products; or
h. Arising from your breach of this Agreement, Products & Legal Restrictions or Terms of Sale.
14. WARRANTIES: You expressly agree that access and use of the Sites is at your sole risk. The Sites are provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Sites may contain bugs, errors, problems or other limitations.
a. We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Sites to the fullest extent permitted by applicable law.
b. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
c. The negation of damages set forth above is a fundamental element of the basis of the bargain between OAA and you. The Sites and Products would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from OAA through the Sites shall create any warranty, representation or guarantee not expressly stated in this Agreement.
d. We are not responsible to you or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of communications; 2) the conduct or Submission of any Customers, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another's rights, including intellectual property rights.
e. You agree that OAA is not the publisher of Submissions found on the Sites and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal and/or civil liability.
f. OAA shall not be liable to you for any Products, Content or information available from third parties, even if obtained at or through the Sites and/or Services. If you are dissatisfied with the Sites or with this Agreement, your sole and exclusive remedy is to discontinue use of the Sites.
15. Third-party Websites: The Sites may contain links to other websites owned and operated by OAA, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by OAA. OAA has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party website. By using the Sites, you expressly relieve OAA from any and all liability arising from your use of any third party website. Furthermore, OAA does not endorse, and is not responsible or liable for, any content, advertising, services, products or other materials at or available through such third party websites or resources, or for any damages or losses arising there from.
a. Accordingly, you are encouraged to be aware when you leave the Sites and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any OAA or third party website you access through the Sites.
16. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Sites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.
a. You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
17. DISPUTE RESOLUTION: If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by sending an email to firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
18. Choice of Law and Forum. This Agreement shall be treated as though it were executed and performed in Elmore County Alabama and shall be governed in all respects by the laws of the State of Alabama without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved by a court located in Elmore County Alabama, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Elmore County Alabama for the purpose of litigating all such claims or disputes. OAA sets the sum of $1,500.00 as liquidated damages for breach of this agreement above a reasonable attorney's fee.
a. Improperly Filed Claims. All claims you bring against us must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, we may recover attorneys' fees and costs, provided that we notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Open Air Authority, LLC
34 Fire Tower road
Wetumpka AL 36093