Sarkar Tactical INC Web Site Agreement
The Sarkar Tactical INC Web Site (the “Site”) is an online information service provided by Sarkar Tactical INC (“Sarkar Tactical INC “), subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Sarkar Tactical INC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Sarkar Tactical INC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Sarkar Tactical INC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, 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 and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Sarkar Tactical INC by all means and in any media now known or hereafter developed. You also grant to Sarkar Tactical INC the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Sarkar Tactical INC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Sarkar Tactical INC.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Sarkar Tactical INC. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Sarkar Tactical INC, Sarkar Tactical INCdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for Sarkar Tactical INC- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Sarkar Tactical INC a. You also understand that Sarkar Tactical INC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Sarkar Tactical INC PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Sarkar Tactical INC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Sarkar Tactical INC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Sarkar Tactical INC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Sarkar Tactical INC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Sarkar Tactical INC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Sarkar Tactical INC LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Sarkar Tactical INC makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Sarkar Tactical INC web site, please understand that it is independent from Sarkar Tactical INC, and that Sarkar Tactical INC has no control over the content on that web site. In addition, a link to a Sarkar Tactical INC web site does not mean that Sarkar Tactical INC endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Sarkar Tactical INC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Sarkar Tactical INC and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Sarkar Tactical INC and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Sarkar Tactical INC’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. Sarkar Tactical INC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
7. Information Collected
We receive information you voluntarily provide to us when you: (1) open an account with us; (2) utilize our services; (3) apply for a credit card; (4) make a purchase; (5) apply for employment opportunities with DICK’S; (6) apply for a license (e.g., hunting, fishing, etc.) or conduct a similar type transaction; (7) contact us via any customer service method; (8) submit user-generated content (via our Websites, Internet Marketing Channels or otherwise); (9) participate in customer research, surveys, sweepstakes or promotions; or (10) otherwise communicate information to us.
Some of the information is considered “Personal Information.” Personal Information includes your name, mailing address, e-mail address, driver’s license number, social security number, credit/debit card information (and related payment information) and/or telephone number. We may also collect other information such as permit number(s), credit application information and demographic/lifestyle information (including date of birth, personal interests and product/buying preferences).
The collection of certain types of Personal Information may be necessary and/or required for governmental compliance (e.g., hunting, fishing or armor purchasing).
Additionally, we may receive Personal Information and other information you provide on behalf of third parties, or third parties provide on behalf of you, including gift recipients, online registrations/purchases, ship-from-store, in-store pick-up, or registries. We may also receive Personal Information and other information from sources assisting us with updating, improving and/or analyzing our records or with detecting fraud or theft. Additionally, we may receive information from various consumer reporting agencies and related service providers.
We may collect “Automated Information” through Cookies (as defined below), Web Beacons (as defined below) and other related automated means (collectively, “Information Technologies“). Automated Information we collect via Information Technologies includes internet protocol address(es), operating system(s) and browser specifics of your device, device characteristics, geographic information, user ID(s), and specifics regarding your interactions with (i.e., the path you take through) our Websites and our Internet Marketing Channels.
We use Information Technologies to recognize you and your preferences as you return to our Websites or utilize our Internet Marketing Channels. “Cookies” are small text files sent to your device as you visit our Websites or utilize our Internet Marketing Channels and saved on your device via your browser or hard drive. “Web Beacons” (also known as pixel tags) are a form of technology placed within our Websites and our Internet Marketing Channels to monitor visits to certain pages within, interactions with, and the effectiveness of, our Websites and our Internet Marketing Channels.
Automated Information enables the tailoring of advertisements and offers specifically for you. In addition to such tailoring, we use Automated Information to ensure that our online presence operates properly and efficiently for you and for your individual customer experience, to evaluate the use and benefit of such presence, and to support our Websites and our Internet Marketing Channels.
The browser on your device may offer you preferences regarding a website’s collection of your personal information or your online activities over time and/or across different websites or online services. At this time, our Websites do not respond to these preferences, and our Websites may continue to collect information in the manner described in this Policy.
We may enable third parties to collect information in connection with our Websites. This Policy does not apply to, and we are not responsible for, any collection of information by third parties on our Websites.
We use, collect and disclose your information consistent with this Policy, as updated from time to time, and you consent to such use, collection and disclosure by your use of our: (1) Websites; (2) Internet Marketing Channels; and (3) marketing programs (e.g., loyalty programs).
You may unsubscribe to future e-mail communications by clicking on the unsubscribe link provided in our e-mail communications. Regardless of your decision to opt-out of future e-mail communications, we may still contact you to respond to an inquiry, regarding transactions and for transactional purposes (e.g., recalls, product information and service/reminder notices). In addition, you may use the methods set forth in the “Contact Customer Service” link below to opt-out or update certain preferences.
Based upon your visit(s) to our Websites and elsewhere on the Internet and your interaction with our Internet Marketing Channels, we may personalize your experience via our Websites and via our Internet Marketing Channels. However, you have choices relating to how your device interacts with our Websites and our Internet Marketing Channels. You may choose to access our Websites and our Internet Marketing Channels without accepting certain Information Technologies on your device(s), and you may opt-out or modify certain elements that are tailored specifically to you and served to you based upon your browsing history. If you choose to restrict Information Technologies, you may access our Websites and Internet Marketing Channels, but you will NOT be able to take full advantage of certain features. Please note, even if you choose to restrict, opt-out or modify, you may still see or receive DICK’S advertisements on our Websites, on our Internet Marketing Channels and on other sites, but such advertisements will not be based upon your browsing history.
How We Use Your Information
We do not sell, rent or trade your Personal Information to third parties. We use your information in ways consistent with this Policy, as disclosed at the time of collection, and in the following ways:
- Fulfilling, delivering and communicating with you regarding requests for information and orders for products and/or services.
- Maintaining our loyalty program.
- Processing credit card applications and payments.
- Evaluating your application for employment.
- Administering surveys, sweepstakes, contests or promotions.
- Registering and servicing your account(s).
- Providing customer service.
- Conducting research and analysis.
- Alerting you to product, service and promotional information, including product recalls.
- Helping us to improve and customize our products and services, Websites and Internet Marketing Channels.
- To advertise our products and services to you and those of our partners that we think may be of an interest to you.
- Protecting the security and integrity of our stores, Websites, Internet Marketing Channels and overall business practices.