TERMS AND CONDITIONS
Welcome to the Internet website of Eagle Imports, Inc. and Bersa Firearms USA (“Eagle Imports”). Eagle Imports, and any and all entities that control, are controlled by, or are affiliated or under common control with Eagle Imports, are collectively referred to herein as “we,” “us” or “our”.
You acknowledge that these terms and conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes your use of Eagle Imports’ Website and receipt of data, materials and information available at or through Eagle Imports’ Website.
1. USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on Eagle Imports’ Website are our copyrighted property or the copyrighted property of our licensors or licensees (if any). All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees (if any). We may change the Eagle Imports’ Website or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from Eagle Imports’ Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Eagle Imports’ Website, except that where the Eagle Imports’ Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the Eagle Imports’ Website is prohibited.
2. CONTENT ACCESSIBLE THROUGH LINKS FROM THE WEBSITE AND SEARCH RESULTS
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
Eagle Imports’ Website is protected by the copyright laws of the United States and other jurisdictions. You may print a copy of any part of the Eagle Imports’ Website for your personal, non-commercial use, but you may not copy any part of the website for any other purpose and you may not modify any part of the Eagle Imports’ Website for any reason. Inclusion of any part of the Eagle Imports’ Website in another work, whether in printed, electronic, or other form, and inclusion of any part of the Eagle Imports’ Website in another website by linking, framing, or otherwise, are prohibited.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO EAGLE IMPORTS’ WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM EAGLE IMPORTS’ WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EAGLE IMPORTS’ WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
The material and links to third-party websites included on Eagle Imports’ Website are provided for informational purposes only. We make no representations or warranties, express or implied, with respect to the information provided on this website or on any third-party website which may be accessed by a link from this website, including any representations or warranties as to accuracy, timeliness, or completeness. The material on this website is not offered as legal advice and should not be used as a substitute for seeking professional legal advice. We are not responsible for any action or failure to act in reliance upon information on this website or any third-party website which may be accessed by a link from this website.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, EAGLE IMPORTS’ WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF AN EAGLE IMPORTS’ WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY EAGLE IMPORTS’ WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY CHANGE EAGLE IMPORTS’ WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
6. JURISDICTIONAL AND VENUE ISSUES
8. GENERAL PROVISIONS