Terms and Conditions
1. Confidential Information. “Confidential Information” means any information or data disclosed by BluCore to you whether labelled as such and regardless of the method of transmission or the media in which the same is stored or recorded. Confidential Information includes but is not limited to financial, customer, commercial, marketing, sales, strategic, technical, or scientific information (including without limitation all trade secrets (as defined by applicable law)), software or firmware code, product designs and/or specifications, algorithms, computer programs, inventions, unpublished patent applications, manufacturing or other technical or scientific know-how, specifications, technical drawings, diagrams, schematics, technology, processes, discoveries, ideas, concepts, know-how, techniques, materials, formulae, compositions, information, data, data summarizations, results, plans, surveys and/or reports of a technical nature or concerning research and development and/or engineering activity, Derivatives (as defined below) of Confidential Information, and any and all other business information of BluCore and its affiliates. “Derivatives” means: (i) for copyrightable or copyrighted material, any translation, abridgment, revision or other form in which an existing work may be recast, transformed or adapted; (ii) for patentable or patented material, any improvement thereon; (iii) for material that is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws; and (iv) for all intellectual property, any products, concepts, and paperwork derived therefrom. Without limiting the foregoing, Confidential Information expressly includes all writings or other media prepared by User that contain or otherwise reflect Confidential Information of BluCore. All right, title, and interest in BluCore’s Confidential Information is the exclusive property of BluCore (or, to the extent applicable, of any third party that has permitted BluCore to disclose its information hereunder).
6. Intellectual Property Rights. All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its content, layout and design are the exclusive property of BluCore or its licensors or affiliates and, except as expressly provided herein, BluCore does not grant any express or implied right in any such materials to you. The contents of the Site are © 2011, BluCore Shooting Center-Denver, LLC and/or its licensors or affiliates. All rights reserved. In particular and without limitation, BluCore’s own copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the content of the Site. “BluCore” and all other names, logos, and icons identifying BluCore and/or BluCore’s products and services are proprietary marks of BluCore or its licensors or affiliates. Third party product and company names mentioned herein are the trademarks of their respective owners
9. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While BluCore has endeavoured to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, BluCore and BluCore’s licensors, affiliates and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. BluCore and BluCore’s licensors, affiliates and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. User and its affiliates expressly disclaim any liability for any loss or injury caused in whole or in part by negligence or any other error made by human or machine concerning the production, compilation or distribution of the Site. User expressly assumes the entire risk for the results and performance of the Site. User assumes the sole and complete risk of using the Site.
10. Enforcing Security. Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, BluCore reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. BluCore will also comply with all court orders involving requests for such information.
11. Links to Other Websites. BluCore may provide links, in its sole discretion, to other websites on the Internet for your convenience in locating related information and services. These websites have not necessarily been reviewed by BluCore and are maintained by third parties over which BluCore exercises no control. Accordingly, BluCore expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products, or services provided by or advertised on and/or software downloaded from these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
12. Events Beyond BluCore’s Control. You expressly absolve and release BluCore and BluCore’s licensors, affiliates and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
13. DISCLAIMERS. BluCore obtains all information furnished on the Site from sources believed by it to be accurate and reliable. User acknowledges that information on Site may not reflect the most current information available on third-party sites, or the most current information provided by BluCore subject to Other Agreements (as defined below). You expressly agree that you will make your own study and evaluation of each product and service listed on the Site. Because of the possibility of human and mechanical error as well as other factors, the Site and all related materials, products, services and information are provided on an “as is” and as available basis without representation or warranty of any kind, and BLUCORE AND ITS LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION. NOT ALL PRODUCTS SHOWN ARE AVAILABLE FOR IMMEDIATE DELIVERY. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. IMAGES, PHOTOGRAPHS, DESCRIPTIONS, ETC. MAY NOT NECESSARILY REPRESENT THE ACTUAL GOODS IN QUALITY, COLOR, OR ANY OTHER RESPECT.
FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE SITE OR ITS CONTENTS ARE UNAVAILABLE. MOREOVER, BLUCORE MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED ON THE SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL BLUCORE OR ITS LICENSORS, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES.
TO THE EXTENT PERMITTED BY LAW, BLUCORE AND ITS LICENSORS, AFFILIATES AND SUPPLIERS DISCLAIM LIABILITY FOR ANY ACTUAL DAMAGES BASED ON YOUR USE OF THE SITE AND ITS CONTENT.