Terms of Use

Last Revised 06.13.2021

Please read carefully:

Welcome to C&B Outdoor (the “Company”). Please carefully read these Terms of Use (the “Terms”) and the Company Privacy Policy (“Privacy Policy”) before using any C&B Outdoor websites, mobile applications and digital services (collectively the "Site"). The “Site” includes by definition, and these Terms apply to, the Site itself, and any web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs," or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner, or means. The Terms contain important information regarding your use of any text, graphics, documents, images, design elements, video and audio files as well as logos, trademarks or registered trademarks, copyrighted elements, service marks or registered service marks, trade dress and other materials (collectively "Content") that appear on this Site.

YOUR USE OF THE SITE IS SUBJECT TO THESE TERMS. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE and any other policies, agreements, and terms and conditions contained on this Site. You agree to abide and be bound by all terms and conditions during your use, regardless of any actions that may allow you to bypass viewing any terms or conditions. If you do not agree to all terms and conditions, discontinue use of this Site.

Company reserves all rights to modify, delete or append portions of the Terms, the Privacy Policy and any other terms and conditions at our sole discretion. Any such changes to the Terms will be posted on this page, and Company will update the "Updated and Effective" date to reflect the date of the changes. We recommend you review the Terms and Privacy Policy from time to time during visits to this Site and note any changes before your continued use of the Site. Your continued use of the Site after we post any revisions to the Terms and Privacy Policy constitutes your acceptance of the revised terms and conditions.

Accessing the Site and Account Security:

 

We reserve the right to change, amend, and modify the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access certain parts of the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We reserve the right to alter or delete materials from the Site or to remove any abusive, illegal, or incorrect user postings or third party content from the Site at any time in our sole discretion. Company may suspend or terminate any and all accounts you have created or that have been created for you pursuant to your employment or status as a contractor or business partner on the Site for your violation of any laws, regulations, Terms of Use, or upon termination or suspension of your employment, contractor, or business partner status.

Copyrighted Materials and Trademarks:

All content, processes, technology, programs and other materials on this Site are protected by U.S. and international copyright laws and are considered intellectual property of Company or its licensors. Company and its affiliates reserve all ownership of this intellectual property and strictly prohibit you from copying, downloading, uploading, modifying, distributing, transmitting, transferring, reproducing, publishing or creating derivative works from it without prior written consent from Company. You are permitted to download, print or store copies of our content for personal and noncommercial use only. Current and potential Company vendors and investors are permitted to download, print or store copies of selected content for business use connected with the potential or other perspective business relationships with Company. However, all users are forbidden to sell, exploit or engage in the sale of any intellectual property contained on this Site; users may not post content from this Site onto any networked computer environment; transmit it over any media; or corrupt the integrity of it in any manner. Additionally, altering our copyright and/or trademark notices or transmitting pornographic, obscene, libelous, threatening, defamatory, or unlawful or otherwise unauthorized materials to or from this Site is strictly prohibited.

Company names, logos, product names and other indicated marks are the trademarks and service marks owned by Company or its affiliates or licensors. All other brands and marks referenced on this Site are the exclusive properties of their respective companies.

Your Use of the Site:

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any solicitations that may be characterized as "junk mail" or "spam."

  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Site.

  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Site.

User Content:

 

The Site may provide interactive features (the "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons’ content or materials ("User Content") on or through the Site. All User Content must comply with the Content Standards set out in these Terms.

Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our affiliates and service providers, and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products incorporating such information. You represent and warrant that (a) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (b) all of your User Content do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Content you submit, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.

  • Take any action with respect to any User Content that we deem appropriate in our sole discretion, including if we believe that such User Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Terminate or suspend your access to all or part of the Site for any or no reason, in our sole discretion.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS EXCEPT FOR ACTIONS RESULTING FROM THE COMPANY OR ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS’ OWN NEGLIGENCE. However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Content Standards:

These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote or assist any unlawful act.

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement Notice:

It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please notify us through the process set forth below.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

PURSUANT TO SECTION 512(C)(2) OF THE COPYRIGHT REVISION ACT, AS AMENDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT ("ACT"), WRITTEN NOTICE OF ANY CLAIMED COPYRIGHT INFRINGEMENT MUST BE SUBMITTED TO THE DESIGNATED AGENT NAMED BELOW. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF THE ACT.

Designated to Receive Notification of Claimed Infringement:

Name: C&B Outdoor

Address: 727 Hilltop Drive, New Cumberland, PA 17070

E-mail: info@cnboutdoor.com 

Such notice must include the following information:

  • The name, address, and electronic signature of the complaining party.

  • A description of the infringing materials and a link to the infringing materials, or if a link is not available a description of the location of these materials on the website.

  • Sufficient information to identify the copyrighted works.

  • A statement by the copyright owner that the copyright owner has a good faith belief that there is no legal basis for the use of the materials that are the subject of the complaint.

  • A statement of the accuracy of the statements made and, under penalty of perjury, a statement that the complaining party is authorized to act on the behalf of the copyright owner.

Once proper notice is given, we may take the material down. If we determine, based on our sole discretion that the person who uploaded the infringing content is a repeat offender under the DMCA, all your content will be removed, and we reserve the right to take whatever other actions we deem necessary, including notifying the appropriate government authorities. A party whose material was removed improperly may send counter notice to the above-referenced address. Counter-notice must include the following:

  • The sender’s name, address, phone number and physical or electronic signature.

  • Identification of the material and its location prior to removal.

  • A statement under penalty of perjury that the material was removed by mistake or misidentification.

  • The sender’s consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.

Disputes, Governing Law, Jurisdiction:

The Site is controlled and operated by the Company from its offices in Pennsylvania, United States. If there is any dispute which, in any manner, involves, arises out of, or relates to the Site or the Terms, including, without limitation, your use of the Site, then by using the Site, you agree that (i) all such disputes and the Terms shall be governed by and construed in accordance with the laws (both substantive and procedural) of the State of Pennsylvania, without the application of the conflict of laws principles except that the federal laws of the United States of America shall be the governing laws, to the extent required, with respect to issues involving intellectual property rights, and (ii) in connection with any litigation of any such disputes arising between or among the parties, you hereby consent to the exclusive jurisdiction and venue in the Court of Common Pleas of Cumberland County, Pennsylvania. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT

Security:

You consent not to breach or attempt to breach the security of our Site. Obstructing the proper functioning of this Site or any activity conducted on this Site is strictly prohibited. Activities that may breach Company's security measures or obstruct the Site's service include, but are not limited to:

  • Sending viruses to the Site, "flooding", "spamming", "mailbombing", "crashing" or overloading the Site's server

  • Sending unsolicited e-mail

  • Logging onto a server or account and accessing data without authorization

  • Probing, scanning or testing the Site's network or system for any vulnerabilities without authorization

Company will seek to prosecute any user who breaches the security of our Site or obstructs its proper functioning in any manner.

Indemnity, Disclaimer and Limitation of Liability:

You agree to indemnify and hold Company, its parents, affiliates, subsidiaries, employees, officers, directors, agents and vendors harmless from any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or relating to your use of this Site, except for claims, damages, costs and expenses resulting from Company or its parents, affiliates, subsidiaries, employees, officers, directors, agents or vendors’ own negligence.

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENCES ARISING FROM THE USE OR MISUSE OF ANY INFORMATION PROVIDED ON OUR SITES. IN NO EVENT WILL COMPANY, ITS SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE. Company further does not warrant the accuracy, completeness or usefulness of the information, text, graphics, links or other items contained within these materials. If Company provides a limited express warranty for a product that is less than four years in duration, then the duration of any applicable implied warranties are limited to the duration of the limited express warranty. IF COMPANY DOES NOT PROVIDE AN EXPRESS WARRANTY, COMPANY EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, OUR AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND VENDORS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL NON-PERSONAL INJURY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES ARISING OUT OF YOUR VIOLATION OF THE TERMS AND CONDITIONS PUT FORTH IN THIS SITE.

COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT ON THIS SITE IS COMPLETE, TIMELY, ACCURATE, USEFUL, CURRENT OR RELIABLE. THIS SITE, AT TIMES, MAY OPERATE WITH INTERRUPTION OR ERROR. ANY COMMENTS SUBMITTED OVER THE SITE TO COMPANY SHALL BECOME EXCLUSIVE PROPERTY OF COMPANY. COMPANY RETAINS ALL RIGHTS TO USE, PUBLISH, DISTRIBUTE, DISCLOSE AND REPRODUCE YOUR COMMENTS WITHOUT RESTRICTION OR COMPENSATION TO YOU. NO COMMENTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR VIA THIS SITE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE NOT EXPLICITLY STATED IN THE TERMS OF USE.

Notice:

Your access and continued use of this Site represents your agreement to adhere to these Terms and all applicable laws as governed by the laws of the State of Pennsylvania. Any litigation arising out of or in connection with your use of this Site shall exclusively be in the jurisdiction of courts of competent jurisdiction located in Pennsylvania. By using this Site, you acknowledge that you have availed yourself of the laws of the State of Pennsylvania and are subject to its jurisdiction regarding any claim arising from your use of this Site. The failure of Company to act with respect to any violation of these Terms shall not constitute a waiver of any right or provision within these Terms. If any court of competent jurisdiction holds any provision within these Terms to be invalid or unenforceable, Company shall reform the provision only to the extent to make it valid and enforceable, and all other provisions of these Terms shall remain in full force or effect.

Arbitration; Class Action Waiver:

By using the Site, you agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Site, or any programs, benefits claims or awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and shall not include attorneys' fees; and (3) to the extent permitted by applicable law, under no circumstances will anyone be permitted to obtain any award for, and you hereby waive all rights to claim consequential non-personal, or incidental damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of Company, shall be determined by Company in its sole and absolute discretion. All Site users waive all rights to trial in any action or proceeding instituted in connection with these Terms. Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.