TERMS OF USE

AGREEMENT BETWEEN USER AND HORN Outdoors

The HORN Outdoors Web Site is comprised of various Web pages operated by HORN Outdoors.

The HORN Outdoors Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HORN Outdoors Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

HORN Outdoors reserves the right to change the terms, conditions, and notices under which the HORN Outdoors Web Site is offered.

LINKS TO THIRD PARTY SITES

The HORN Outdoors Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of HORN Outdoors and HORN Outdoors is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HORN Outdoors is not responsible for web-casting or any other form of transmission received from any Linked Site. HORN Outdoors is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HORN Outdoors of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the HORN Outdoors Web Site, you warrant to HORN Outdoors that you will not use the HORN Outdoors Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HORN Outdoors Web Site in any manner which could damage, disable, overburden, or impair the HORN Outdoors Web Site or interfere with any other party’s use and enjoyment of the HORN Outdoors Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HORN Outdoors Web Sites.

HORN Outdoors reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HORN Outdoors’s sole discretion.

MATERIALS PROVIDED TO HORN Outdoors OR POSTED AT ANY HORN Outdoors WEB SITE

HORN Outdoors does not claim ownership of the materials you provide to HORN Outdoors (including feedback and suggestions) or post, upload, input or submit to any HORN Outdoors Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HORN Outdoors, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. HORN Outdoors is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HORN Outdoors’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HORN Outdoors WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HORN Outdoors AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HORN Outdoors WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HORN Outdoors WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HORN Outdoors AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HORN Outdoors WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HORN Outdoors AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HORN Outdoors AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HORN Outdoors WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HORN Outdoors WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HORN Outdoors WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HORN Outdoors WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HORN Outdoors OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HORN Outdoors WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HORN Outdoors WEB SITE.

SERVICE CONTACT : [email protected]

TERMINATION/ACCESS RESTRICTION

HORN Outdoors reserves the right, in its sole discretion, to terminate your access to the HORN Outdoors Web Site and the related services or any portion thereof at any time, without notice. HORN Outdoors’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HORN Outdoors’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HORN Outdoors Web Site or information provided to or gathered by HORN Outdoors with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HORN Outdoors with respect to the HORN Outdoors Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HORN Outdoors with respect to the HORN Outdoors Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the HORN Outdoors Web Site are: Copyright 2010 HORN Outdoors and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.