Eagle Imports


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”.


READ THESE TERMS AND CONDITIONS FULLY AND CAREFULLY BEFORE USING EAGLE IMPORTS’ WEBSITE (the “Eagle Imports’ Website”). By using Eagle Imports’ Website, you signify your agreement, acceptance to, and understanding of these terms and conditions. If you do not agree to these terms of use, you may not use Eagle Imports’ Website for any purpose whatsoever.
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
You should be aware that when you are on Eagle Imports’ Website, there are, from time to time, links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Eagle Imports’ Website or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.


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.


3. COPYRIGHT
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.


4. DISCLAIMERS
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.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


6. JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to these terms of use or the Eagle Imports’ Website shall be filed, and that venue properly lies, only in state courts located in Monmouth County, New Jersey or the federal court in Trenton, New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on Eagle Imports’ Website is appropriate or available for use in any particular location. Those who choose to access Eagle Imports’ Website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local, state or federal laws.


7. AMENDMENT
At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof).


8. GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the laws of the State of New Jersey and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY EAGLE IMPORTS’ WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.