TERMS OF SERVICE/PRODUCT(S) AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY, BY ACCESSING OR USING OUR SITES AND OUR SERVICES AND PRODUCTS, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE AND PRODUCT(S). IF YOU DO NOT EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR PRODUCTS AND SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/12/2017 and does not expire.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with TROIKA OUTDOORS LLC, our subsidiaries and affiliates, in association with the use of the TROIKA OUTDOORS LLC website, which includes troikaoutdoors.com and its services/products, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The site is an e-commerce website which has the following description: TROIKA OUTDOORS LLC makes and sells hammocks, ratchet straps and other outdoor gear. TROIKA OUTDOORS LLC sells products on multiple platforms besides their own, which includes but is not limited to Walmart and Amazon. All visitors to our site and affiliated sites and retailers shall be deemed as "users" of the herein contained Services provided for this TOS and agree to the terms and conditions listed on this page.
The user acknowledges and agrees that the Services/Products provided and made available through our website and any other sites, platforms, retailers, affiliates and applications. which may include some mobile applications and that those applications may be made available (1) agree to use our product(s) as instructed, to not horse-play on our products(s), to not deploy our hammocks and/or any other of our products greater than 4 feet, to not exceed the maximum weight limit of 500 pounds including occupants and gear, to not infringe on our property, to use our product(s) safely, cautiously, and in good faith, to not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the US. or other applicable export and/or import laws. Lastly, YOU AGREE THAT IF YOU PURCHASE/ARE GIFTED A TROIKA OUTDOORS LLC HAMMOCK WITH RATCHET STRAPS THAT YOU WILL USE THE PROVIDED TROIKA OUTDOORS LLC RATCHET STRAPS. IF YOU PURCHASE/ARE GIFTED AND/OR USE A TROIKA OUTDOORS LLC HAMMOCK WITH YOUR OWN OR OUTSIDE RATCHET STRAPS SEPARATE OF TROIKA OUTDOORS LLC, THEN THE WEIGHT LIMIT OR ANY OTHER COMPONENTS USED IS AT YOUR OWN DISCRETION AND RISK. THOROUGHLY INSPECT ALL PRODUCTS BEFORE USE. IF YOU NOTICE DAMAGED MATERIALS OR HARDWARE, DISMOUNT THE HAMMOCK IMMEDIATELY AND DO NOT USE. FAILURE TO ABIDE BY THIS DISCLAIMER CAN RESULT IN RISK, INJURY, DANGER, DAMAGES, OR DEATH. TROIKA OUTDOORS LLC WILL NOT BE HELD LIABLE FOR THE RISK, DANGER, INJURY, DEATH, OR DAMAGES TO ANY INDIVIDUAL AND/OR THIRD PARTY. BY PURCHASING A TROIKA OUTDOORS LLC HAMMOCK, YOU HEREBY AGREE TO THESE TERMS AND CONDITIONS.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
TROIKA OUTDOORS LLC shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our services or products. Therefore, you hereby grant and allow for TROIKA OUTDOORS LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of TROIKA OUTDOORS LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt. publicly perform and/or publicly display said content on our network Services and/or Products is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing/using. As a user of our site, platforms, services, products, and our affiliating partners and retailers you agree to the terms and conditions that you are acting in good faith as a member, subscriber, customer, prospecting customer, individual and/or individuals who purchases/have purchased our product(s) or have been gifted our product(s), used our product(s), are using our products/services and/or are a user or have been a user of TROIKA OUTDOORS LLC's site, services, or product(s), which includes TROIKA OUTDOORS LLC's affiliates.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of TROIKA OUTDOORS LLC's sites, affiliated sites, services, and products the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our products/services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing/using. At its discretion, TROIKA OUTDOORS LLC may offer additional services and/or products, or update, modify or revise any current content and services, and this agreement shall apply to all additional services and/or products and all updated, modified or revised services unless otherwise stipulated. TROIKA OUTDOORS LLC does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user acknowledge, accept and agree that TROIKA OUTDOORS LLC shall not be held liable for any such injuries, updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services/products provided is at your own discretion. This includes from the moment you use any of TROIKA OUTDOORS LLC's products/services. In the case TROIKA OUTDOORS LLC's updated and/or changed any information after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided services/products forthwith. If you do not agree with these terms in conditions then do not use our products and/or services.
Furthermore. the user understands, acknowledges and agrees that the services/products offered shall be provided "AS IS" and as such TROIKA OUTDOORS LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, injury, damage, deletion and/or any failure to store user content, or communication.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network, services, and products you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, services, and products you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, The Export Administration Regulations (www.access.gpo.gov/bis/ear/ear_data.html). as well as the sanctions control program of the United States (www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (www.bis.doc-gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations:
b) agree not to transfer any software. technology or any other technical data through the use of our network services to any export-prohibited country:
c) agree not to use our website network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the US export laws: and (1) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the US, or other applicable export and/or import laws.
CONTRIBUTIONS TO COMPANY WEBSITE, SERVICES, AND PRODUCTS
TROIKA OUTDOORS LLC provides an area for our customers and users to contribute feedback to our email at email@example.com. When you submit ideas. documents, suggestions and/or proposals ("contributions") to our email, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information:
b) TROIKA OUTDOORS LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions:
c) TROIKA OUTDOORS LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit:
d) the contributor's Contributions shall automatically become the sole property of TROIKA OUTDOORS LLC: and
e) TROIKA OUTDOORS LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature, if TROIKA OUTDOORS LLC does not see fit.
All users herein agree to insure and hold TROIKA OUTDOORS LLC, our subsidiaries, affiliates, agents, owners, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, injury, death, damage attorney fees made by any individual or third party which may arise from any content of a user, past user, customer, past customer, or viewer of our site, platforms, products, services, affiliate sites, affiliate links, affiliate partnerships, affiliate retailers, and/or any other relations. The use of TROIKA OUTDOORS LLC services /products or your connection with these services/products implies that TROIKA OUTDOORS LLC is not liable for any, but limited to, of the points stated above. Your violations of the Terms of Service and/or your violation of any such rights of another person is your responsibility.
COMMERCIAL REUSE OF SERVICES/PRODUCTS
The user or viewer herein agrees not to replicate, duplicate, infringe, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to TROIKA OUTDOORS LLC's sites, products, affiliates, or property without discussing and creating a contract with TROIKA OUTDOORS LLC beforehand.
TROIKA OUTDOORS LLC shall reserve the right at any time it may deem fit. to modify. alter, and or discontinue. Whether temporarily or permanently, our service(s)/product(s), or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.
Any correspondence or business dealings with or the participation in any promotions of, advertisers located on or through our services. which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that TROIKA OUTDOORS LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers.
You do hereby acknowledge and agree that TROIKA OUTDOORS LLC's services/products and any essential software/platform that may be used in connection with our services, software, or product(s) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by TROIKA OUTDOORS LLC or such applicable licensor. you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on TROIKA OUTDOORS LLC services/products (e. g. content, product or software), in whole or part.
You herein acknowledge, understand and agree that all of the TROIKA OUTDOORS LLC trademarks, copyright, Trade name, service marks, and other TROIKA OUTDOORS LLC logos and any brand features. and/or product and service names are trademarks and as such. are and shall remain the property of TROIKA OUTDOORS LLC. You herein agree not to display and/or use in any manner the TROIKA OUTDOORS LLC logo or marks for commercial gain without obtaining TROIKA OUTDOORS LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE PROCEDURES
TROIKA OUTDOORS LLC will always respect the intellectual property of others. And we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, TROIKA OUTDOORS LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest:
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon:
c) A description of the location of the site which you allege has been infringing upon your work: (1) Your physical address, telephone number, and email address:
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law:.
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The TROIKA OUTDOORS LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Email: firstname.lastname@example.org and the information will be sent to our attorney.
This TOS constitutes the entire agreement between you and TROIKA OUTDOORS LLC and shall govern the use of our services/products, superseding any prior version of this TOS between you and us with respect to TROIKA OUTDOORS LLC services/products. You may also be subject to additional terms and conditions that may apply when you use or purchase TROIKA OUTDOORS LLC services. products, affiliate services, affiliate products, or third-party content.
CHOICE OF LAW AND FOR LCM
It is at the mutual agreement of both you and TROIKA OUTDOORS LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Indiana and all other state laws without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and TROIKA OUTDOORS LLC, shall be filed within the courts having jurisdiction within the county of Vanderburgh, Indiana or the U.S. District Court located in said state. You and TROIKA OUTDOORS LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
W141 PER AND SEVERABILITY OF TERMS
At any time, should TROIKA OUTDOORS LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
DISCLAIMER AND SAFETY
WE, AT TROIKA OUTDOORS LLC, RECOMMEND NO HAMMOCK TO BE DEPLOYED ANY GREATER THAN FOUR(4) FEET FROM THE LOWEST GROUND LEVEL UNDER SAID HAMMOCK. DO NOT HORSE-PLAY ON ANY HAMMOCK, INCLUDING A TROIKA OUTDOORS LLC HAMMOCK. DO NOT EXCEED THE MAXIMUM WEIGHT CAPACITY OF 500 POUNDS, INCLUDING OCCUPANTS AND GEAR, OF ANY HAMMOCK, INCLUDING A TROIKA OUTDOORS LLC HAMMOCK. YOU AGREE THAT IF YOU PURCHASE/ARE GIFTED A TROIKA OUTDOORS LLC HAMMOCK WITH RATCHET STRAPS THAT YOU WILL USE THE PROVIDED TROIKA OUTDOORS LLC RATCHET STRAPS. IF YOU PURCHASE/ARE GIFTED AND/OR USE A TROIKA OUTDOORS LLC HAMMOCK WITH YOUR OWN OR OUTSIDE RATCHET STRAPS SEPARATE OF TROIKA OUTDOORS LLC , THEN THE WEIGHT LIMIT OR ANY OTHER COMPONENTS USED IS AT YOUR OWN DISCRETION AND RISK. THOROUGHLY INSPECT ALL PRODUCTS BEFORE USE. IF YOU NOTICE DAMAGED MATERIALS OR HARDWARE, DISMOUNT THE HAMMOCK IMMEDIATELY AND DO NOT USE. FAILURE TO ABIDE BY THIS DISCLAIMER CAN RESULT IN INJURY OR DEATH. TROIKA OUTDOORS LLC WILL NOT BE HELD LIABLE FOR THE RISK, DANGER, INJURY, DEATH, OR DAMAGES TO ANY INDIVIDUAL AND/OR THIRD PARTY. BY PURCHASING A TROIKA OUTDOORS LLC HAMMOCK, YOU HEREBY AGREE TO THESE TERMS AND CONDITIONS.
Please report any and all violations of this TOS to TROIKA OUTDOORS LLC as follows: