Terms of Use Agreement
By accessing or using this website you agree to be bound by the terms and
conditions of this agreement. If you do not wish to be bound by this agreement,
you may not legally access or use the information provided on this website.
Tactical Link may modify this agreement at any time, and such modification
shall be effective immediately upon either posting of the modified agreement or
notifying you. You agree to review this agreement periodically to ensure that
you are aware of any modifications. Your continued access or use of this
website shall be deemed your conclusive acceptance of the modified agreement.
1. LIABILITY The
information contained in this website is compiled from a variety of sources and
therefore we cannot guarantee the validity of all information contained on this
site. The information accessed through this website (the "services") is
provided "as is" without warranty, express or implied. Tactical Link hereby
excludes all implied warranties of merchantability and fitness for a particular
use or purpose with respect to the services. There are no warranties that
extend beyond the description on the face of this agreement. Tactical Link
makes no warranty as to the reliability, accuracy, timeliness, usefulness,
adequacy, completeness or suitability of the services. Tactical Link cannot and
does not warrant against human and machine errors, omissions, delays,
interruptions or losses, including loss of data. Tactical Link does not warrant
or guarantee that the functions or services performed in this website will be
uninterrupted or error-free or that defects in this website will be corrected.
Users of this website are responsible for (1) implementing and maintaining
adequate procedures and checkpoints to satisfy their particular requirements
for accuracy of data input and output and (2) maintaining a means external to
Tactical Link for the reconstruction of any lost data.
2. LICENSES, IDEA & INFORMATION SUBMISSIONS You
agree to grant to Tactical Link a non-exclusive, worldwide, royalty-free,
perpetual license, with the right to sublicense, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas contained
therein for new or improved products or services) you submit to public areas of
this website by all means and in any media now known or hereafter developed.
You hereby waive your moral rights in any such materials and information, and
you hereby warrant that any such materials and information are original with
you, or that you have the right to submit such materials and information. You
agree that you shall have no recourse against Tactical Link for any alleged or
actual infringement or misappropriation of any proprietary right in your
communication to us.
3. OTHER SITES You are encouraged to use
discretion while browsing the Internet. This website may contain links that may
lead unintentionally to sites containing information that some people may find
inappropriate or offensive. It may also lead to sites that contain inaccurate
information, false or misleading advertising, or information that violates
copyright, libel or defamation laws. Tactical Link makes no representations
concerning any effort to review all of the content of sites listed in this
website.
4. LIMITED LICENSE By this Agreement, Tactical
Link grants, subject to the terms of this Agreement, only a limited,
non-transferable and non-exclusive license to use the software and
documentation necessary to access, explore and otherwise use this website in
real time and to use the materials in this website in a manner consistent with
paragraph 9 (Copyright) below.
5. USER'S AGREEMENT You agree to: (a) maintain all
equipment required for your access to and use of this website; (b) maintain the
security of your user identification, password and other confidential
information relating to your Tactical Link account ("account"); and (c) be
responsible for all charges resulting from use of your account, including
unauthorized use prior to your notifying Tactical Link of such use and taking
steps to prevent its further occurrence by changing your password.
6. PRIVACY POLICY Tactical Link takes online
information security and user privacy extremely seriously. Please see our
Privacy Statement for a detailed description of our information
gathering and dissemination practices for this website.
7. USER REPRESENTATIONS You represent and warrant
that you possess the legal right and ability to enter into this Agreement and
to use this website in accordance with this Agreement. You agree to be
financially responsible for your use of this website (as well as for use of
your account by others, including minors living with you) and to comply with
your responsibilities and obligations as stated in this Agreement.
8. CONTENT Statements made in websites,
newsgroups, message boards, email, forums, conferences and chats reflect only
the views of their authors. Forum managers, forum hosts, CPs, or Merchants
appearing on this website are not authorized Tactical Link spokespersons, and
their views do not necessarily reflect those of Tactical Link. Tactical Link
does not guarantee that the functions contained in the site will be
uninterrupted or error-free, that this site or its server will be free of
viruses or other harmful components, or that defects will be corrected even if
Tactical Link is aware of them.
9. COPYRIGHT The entire contents of this website
are copyrighted as a collective work under the laws of United States and other
copyright laws. Tactical Link holds the copyright in the collective work. You
may display and, subject to any expressly stated restrictions or limitations
relating to specific material, download portions of the material from the
different areas of this website solely for your own non-commercial use, unless
otherwise permitted (e.g., in the case of electronic coupons, etc). Any
redistribution retransmission or publication of any copyrighted material is
strictly prohibited without the express written consent of the copyright owner.
You agree not to change or delete any proprietary notices from materials
downloaded from this website.
10. INDEMNIFICATION You agree to indemnify, defend
and hold harmless Tactical Link, its officers, directors, employees, agents,
information providers and suppliers from and against all losses, expenses,
damages and costs, including reasonable attorney's fees, resulting from any
violation of this agreement or any activity related to your account (including
infringement of third parties' worldwide intellectual property rights or
negligent or wrongful conduct) by you or any other person accessing this
website using your service account.
11. WAIVER, RELEASE AND LIMITATION OF LIABILITY You
agree that neither Tactical Link, nor its officers, directors, employees,
agents, information providers or suppliers shall have any liability to you
under any theory of liability or indemnity in connection with your use of this
website. You hereby release and forever waive any and all claims you may have
against Tactical Link, its officers, directors, employees, agents, information
providers or suppliers (including but not limited to claims based upon the
negligence of Tactical Link, its officers, directors, employees, agents,
information providers or suppliers) for losses or damages you sustain in
connection with your use of this website. Notwithstanding the foregoing
paragraph, the total liability of Tactical Link, its officers, directors,
employees, agents, information providers and suppliers, if any, for losses or
damages shall not exceed the fees paid by the user for the particular
information or service provided. In no event shall Tactical Link, its officers,
directors, employees, agents, information providers or suppliers be liable to
you for any losses or damages other than the amount referred to above. All
other damages, direct or indirect, special, incidental, consequential or
punitive arising from any use of the information or other parts of this website
are hereby excluded even if Tactical Link, its officers, directors, employees,
agents, information providers or suppliers have been advised of the possibility
of such damages.
12. THIRD PARTY RIGHTS The provisions of
paragraphs 10 (Indemnification) and 11 (Waiver, Release and Limitation of
Liability) are for the benefit of Tactical Link and its officers, directors,
employees, agents, licensors, suppliers, and Information Providers. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
13. TERM; TERMINATION Either you or Tactical Link
may terminate your right to use this website at any time, with or without
cause, upon notice. Tactical Link also reserves the right to terminate or
suspend your membership without prior notice, but Tactical Link will confirm
such termination or suspension by subsequent notice. The provisions of
paragraphs 2 (Licenses, Idea & Information Submissions), 9 (Copyright), 10
(Indemnification), 11 (Waiver, Release and Limitation of Liability), 12 (Third
Party Rights), and 14 (Miscellaneous) shall survive any termination of this
Agreement.
14. MISCELLANEOUS This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington. You
agree that any legal action or proceeding between Tactical Link and you for any
purpose concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a court of competent jurisdiction sitting in the city
of Bellevue, Washington, United States. Any cause of action or claim you may
have with respect to Tactical Link must be commenced within one (1) year after
the claim or cause of action arises. Tactical Link's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of
this Agreement. Tactical Link may assign its rights and duties under this
Agreement to any party at any time without notice to you. We may disclose
personal information: (a) to conform with the law, respond to claims or comply
with legal process served on Tactical Link (e.g., a lawful subpoena, warrant or
court order); (b) to enforce or apply our policies or agreements (including to
initiate, render, bill, and collect for amounts owed to us); (c) to protect and
defend our or our user's rights or property, this website, our employees,
guests or the public, including fraudulent, abusive, or unlawful use of our
Site or; (d) if we reasonably believe that an emergency involving immediate
danger of death or serious physical injury to any person requires disclosure of
communications or justifies disclosure of records without delay.
15. NOTICE Tactical Link may deliver notice to you
under this Agreement by means of electronic mail, a general notice on this
website, or by written communication delivered by first class U.S. mail to your
address on record in our account information database. You may give notice any
time to Tactical Link via electronic mail or by letter delivered by first class
postage prepaid U.S. mail or overnight courier to the following address:
Tactical Link, LLC
Attn: Legal Affairs Director
PO Box 584
Bellevue, WA 98009
16. SEVERABILITY The provisions of this Agreement
are severable, and in the event any provision hereof is determined to be
invalid or unenforceable, such invalidity or unenforceability shall not in any
way affect the validity or enforceability of the remaining provisions hereof.
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