BLOUNT owns this Site. BLOUNT has the right, at any time and in its sole discretion, to amend, substitute, modify, change, delete, and/or discontinue any aspect or feature of the Site and/or its contents, including, without limitation, available content, hours of availability, and technical resources (equipment, software, etc.) needed to access or use this Site.
Any required communications between BLOUNT and you may be conducted electronically, in BLOUNT’s sole discretion. You expressly agree that all agreements, notices, disclosures and other communications and/or information delivered to you by BLOUNT electronically, or posted on the Site, shall satisfy any legal requirements that the same be in writing.
- Site Content/Access/Use:
This Site contains copyrighted material, trademarks, patented or patent-pending information and/or products, and other proprietary information, including, without limitation, text, data, information, software, photos, and graphics (collectively, the “Site Content”). The Site Content and the Site, as well as the organization, layout, arrangement and design elements of the Site Content and Site (and each individual page of the Site), are the property of BLOUNT and/or its affiliates and are protected by United States and international copyright, trademark and other applicable laws, including, but not limited to, those governing intellectual property. You may not and shall not use, modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way utilize and/or exploit the Site and/or any of the Site Content, in whole or in part. No use, copying, redistribution, retransmission, publication or exploitation of any Site Content on the Site and/or in any way associated with the Site Content is permitted without the express written permission of BLOUNT or the copyright owner. In the event of any permitted use, copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made by you or any other party other than BLOUNT. You hereby acknowledge that you do not acquire any ownership and/or use rights by accessing, downloading or printing the copyrighted material and/or any aspect of the Site and/or the Site Content, or by using the Site and/or the Site Content.
BLOUNT offers you access to the Site and to the Site Content solely for the limited purpose of enabling you to view the products, programs, services and offerings of BLOUNT, and other information that BLOUNT determines, in its sole discretion, should be made available to you. Except pursuant to a (1) written agreement with BLOUNT pursuant to which BLOUNT expressly and specifically authorizes you to engage in such activity specific, or (2) an express BLOUNT promotion, offer, program, plan, procedure, or tool offered to you on this Site, which promotion, offer, program, plan, procedure, or tool expressly and specifically authorizes you to engage in such activity, you may not and are not permitted to engage in any of the following, directly or indirectly, in whole or in part, without the prior express written consent of BLOUNT: (a) use, download and/or copy all and/or any portion of: (i) the Site or the Site Content in any manner whatsoever; (ii) any product listings, descriptions, formulae, recipes, and/or prices provided by BLOUNT, the Site and/or the Site Content; and/or (iii) any customer, client, supplier, vendor, or other account information; (b) make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any information provided by BLOUNT, the Site and/or in any of the Site Content; (c) engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site; (d) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BLOUNT or its affiliates; or (e) use meta tags or any other “hidden text” utilizing BLOUNT names or trademarks; (f) systematically retrieve or cache the Site Content to create, enhance, structure, and/or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory, whether for sale, licensing, distribution, or otherwise; (g) license, relicense, sell or resell the Site Content; (h) reverse engineer or attempt to reverse engineer the Site Content; (i) distribute the Site Content, publicly or otherwise, free or otherwise, (f) create presentations or displays of the Content, and/or (g) use the Site or the Site Content to create, or attempt to create, services, programs, offers, plans, procedures, tools, goods, or products that are competitive with BLOUNT’s services, programs, offers, plans, procedures, tools, goods, or products. With respect to any BLOUNT promotion, offer, program, plan, procedure, or tool offered to you on this Site, you may not in any way access, use, or attempt to access or use the same beyond the limits in place concerning the same, including without limitation, (i) seeking or obtaining use, access, Site Content, or other benefits or rights in excess of the type, time, price, and/or volume allowed, or (ii) using false, fictitious, or otherwise deceptive names, credentials, usernames, and/or passwords to seek or obtain use, access, Site Content, or other benefits or rights. Any attempt to do so is strictly prohibited.
You may not access the Site and/or the Site Content in any manner that may damage, disable, overburden and/or impair the Site, the Site Content and/or BLOUNT or interfere with any other person and/or entity’s use and/or enjoyment of the Site and/or the Site Content.
- Disclaimer of Warranty; Limitation of Liability:
YOU EXPRESSLY AGREE THAT ACCESS TO THE SITE AND THE SITE CONTENT IS AT YOUR SOLE RISK. NEITHER BLOUNT, ITS PARENTS, AFFILIATES AND/OR ITS SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND/ OR LICENSORS, WARRANT THAT THE SITE AND/OR THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE BENEFITS AND/OR RESULTS THAT MAY BE OBTAINED FROM ACCESS TO THE SITE, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION, GOODS, SERVICES, OR MATERIALS PROVIDED THROUGH AND/OR ASSOCIATED WITH THE SITE AND/OR THE SITE CONTENT.
THE SITE AND THE SITE CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
THIS DISCLAIMER OF LIABILITY IS ALSO A WAIVER OF ALL SUCH LIABILITY AND APPLIES TO ANY DAMAGES OR INJURY, INCLUDING DEATH, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR ACCESS TO, ALTERATION, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BLOUNT IS NOT LIABLE FOR, AND YOU HEREBY WAIVE ANY CLAIM THAT BLOUNT IS RESPONSIBLE FOR, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL BLOUNT, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE, THE SITE CONTENT, PRODUCTS, SERVICES, GOODS, OR INFORMATION ACCESSIBLE FROM THE SITE, IN ANY FORM OR MANNER WHATSOEVER, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE ACCESS TO AND/OR USE OF OR INABILITY TO USE AND/OR ACCESS THE SITE AND/OR THE SITE CONTENTS AND/OR ARISING OUT OF ANY MATTER ASSOCIATED WITH BLOUNT PRODUCTS, GOODS, AND/OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATTERS ASSOCIATED WITH THE SITE, THE SITE CONTENT, BLOUNT PRODUCTS, GOODS, AND SERVICES, AND ALL OTHER MATERIALS OR INFORMATION ASSOCIATED WITH ANY AND/OR ALL OF THE FOREGOING. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BLOUNT’s TOTAL LIABILITY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)) EXCEED THE AMOUNT PAID BY YOU TO BLOUNT, IF ANY, FOR ACCESSING OR USING THE SITE OR THE SITE CONTENT.
You agree to defend, indemnify, and hold harmless BLOUNT, its parents, subsidiaries, and affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees with counsel of their choosing) arising out and/or in any way related to your access to, and/or use of, the Site, the Site Content or any information, data, goods, products, or services you obtain from or by way of the Site, the Site Content, and/or BLOUNT.
- Trademarks, Service Marks, and Patents:
All trademarks and service marks of BLOUNT and its parents, subsidiaries or affiliates displayed on the Site and/or associated with the Site Content are subject to state, federal, and/or international trademark protection. Unless expressly authorized by BLOUNT, you may not use BLOUNT’s trademarks or service marks in any manner whatsoever, including, but not limited to, with respect to any product or service that is not provided by BLOUNT, in any manner that is likely to cause confusion among customers, and/or in any manner that might disparage or discredit BLOUNT and/or any of its parents, subsidiaries, or affiliates. All other trademarks appearing on the Site and/or associated with the Site Content are the property of their respective owners, including third-party providers of products and services with links to and/or from the Site. Blount Fine Foods™ and all other BLOUNT trademarks and service marks are registered property of BLOUNT and are all pending or registered in the U.S. Patent and Trademark Office. One or more United States patents and patent applications may also apply to this Site and/or the Site Contents. Any unauthorized use of BLOUNT patents, service marks, and/or trademarks is strictly prohibited.
- Third Party Content:
BLOUNT assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer, media, telephone, and/or other equipment or property on account of your access to and/or use of the Site and/or the Site Content (or any browsing associated therewith) or your downloading of any materials, data, text, images, video, or audio from the Site and/or any other source associated with BLOUNT, its parents, subsidiaries, affiliates, and its third party content providers and licensors, if any.
- Export Control:
Software, data, images, products, goods, services, and other materials associated with this Site and/or the Site Content may be subject to United States Export Control laws. The United States Export Control laws prohibit, among other matters, the export of certain data and software to certain territories. No software, data, images, products, goods, services, and other materials from this Site and/or associated with the Site Content shall be downloaded, used, accessed, or exported in any manner whatsoever, including, but not limited: (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. BLOUNT does not authorize the use, access, downloading or exportation of any software, data, images, products, goods, services, and other materials from this Site or BLOUNT to any jurisdiction prohibited by the United States Export Control laws.
Neither you, nor any other party within your control may use, access, download, or export any portion of the Site or any BLOUNT goods, products, and/or services if you or they are restricted from doing business under regulations of the Office of Foreign Asset Control of the Department of Treasury (including those named on OFAC's Specially Designated and Blocked Person's List) or under any statute, executive order (including the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action.
The customers, vendors, suppliers, and/or other business associates of BLOUNT that may be identified on the Site and/or associated with the Site Content, or linked to the Site, if any, are independent of BLOUNT. They are not joint ventures or partners of BLOUNT. No employee or representative of the customers, vendors, suppliers, and/or other business associates, if any, is under the control of BLOUNT.
BLOUNT has the right at any time and in its sole discretion to amend, substitute, alter, change, add, delete and/or modify the terms and conditions applicable to access to and/or of the Site and/or the Site Content, or any part thereof, including with respect to BLOUNT’s goods, products, and/or services. BLOUNT has the right to impose new conditions, including, without limitation, adding fees and/or charges. Such amendments, substitutions, alteration, changes, modifications, additions, and/or deletions shall be effective immediately upon the earlier of their being posted to the Site or the Site Content and/or otherwise being electronically communicated to you. Any access to and/or use of the Site and/or the Site Content, and any BLOUNT goods, products, and/or services, following such posting shall deemed to constitute acceptance of such amendments, substitutions, alteration, changes, modifications, additions, and/or deletions.