(a) Tarter may, at any time and in its sole discretion, modify, revise or otherwise change the Website, in whole or in part, without notice or liability to you.
(i) to reverse engineer or decompile it, or to gain (or attempt to gain) unauthorized access to areas or materials provided on the Website or Tarter’s products offered on the Website for which you do not have the proper authorization;
(ii) to impersonate any person or entity (including Tarter or its employees) via user names or otherwise, or falsely state or otherwise misrepresent yourself, your age, your affiliation with any person or entity, or your authority to bind another person or entity;
(iii) to link postings or sites together without consent of author of the postings; (iv) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software);
(v) for any commercial purpose, including to advertise, promote, or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;”
(vi) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities
(vii) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Website or Tarter’s products;
(viii) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(x) via robot, spider or other automatic device, process or means to monitor or copy material on the Website;
(xi) in a way that attacks the Website via a denial-of-service attack or a distributed denial-ofservice attack;
(xii) to exploit, harm, or violate the legal rights of others; (xiii) to transmit promotional materials or malicious code;
(xiv) to transmit sexually explicit or pornographic material, obscene, defamatory, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory, infringing material, or any material that could give rise to liability for Tarter;
(xv) to deceive any person, or cause annoyance, inconvenience, or needless anxiety to any person;
(xvi) in a manner that creates the impression they emanate from or are endorsed by Tarter or others if that is not the case;
(xvii) in a manner that Tarter determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Website, the information provided through the Website, or Tarter’s products.
4. Availability and Use of Website.
(a) Availability. The availability of this Website depends on many factors, including some factors that are beyond Tarter’s control, such as your connection to the Internet and the Internet backbone. You are solely responsible for arranging access to the Website. You are responsible for all use of the Website through your Internet connection. Tarter shall not be liable to you if you cannot use this Website for any reason.
5. Term; Termination.
6. Intellectual Property.
(a) Intellectual Property Laws. U.S. and international copyright, trademark, and other intellectual property and proprietary rights laws protect this Website and the materials provided therein, and any unauthorized access to or use of this Website or the materials therein may violate such laws. Tarter reserves the right to enforce its intellectual property and proprietary rights to the fullest extent of the law.
(b) Ownership. All information and data that is part of this Website, including without limitation, photographs, text, graphics, illustrations, images, video clips, manuals and guides, and blog posts (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Website (collectively, the “Trademarks”), and the products that are advertised and/or made available for purchase, as well as the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Tarter or its licensors. You are not granted any right, either express or implied, in any Content or any copyright, Trademarks, patent, trade secret, right of publicity, or other intellectual property or proprietary right of Tarter or any of the goodwill associated with any of the foregoing. You shall not use the Trademarks or any confusingly similar version of them. To the extent that you use any Content or any copyright, Trademarks, patent, trade secret, right of publicity, or other intellectual or proprietary right of Tarter, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Tarter.
(c) Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Website, whether on printable materials or otherwise.
7. Links to Other Internet Websites.
This Website may contain links to Internet sites owned, operated, or maintained by third parties not under Tarter’s control. The links are not and shall not be deemed to be Tarter’s endorsement of the organization associated with the linked site. You assume sole responsibility and liability for your use of such linked sites. If you click on a link to a third-party site, you are leaving the Tarter Website.
8. Links to this Website.
You must obtain Tarter’s prior written consent to post any link(s) to this Website. You agree to cooperate with Tarter in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
9. Disclaimer of Warranties.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TARTER NOR ANY PERSON ASSOCIATED WITH TARTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TARTER NOR ANYONE ASSOCIATED WITH TARTER REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TARTER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TARTER, ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Terms of Sale.
(a) Orders. You agree that your order of any goods through the Website is an offer to purchase such goods. Tarter will only be obligated to sell the goods to you if Tarter accepts the order, and Tarter may choose to reject the order in our sole discretion. If Tarter accepts the order, Tarter will confirm by email, which will constitute acceptance.
(b) Pricing and Payment. Posted prices are subject to change without notice and do not include taxes or charges for shipping and handling. The price charged will be the price in effect at the time the order is placed. Tarter reserves the right to cancel any orders arising from any of our pricing, typographical, or other errors. Tarter must receive payment before acceptance of an order. You represent and warrant that the payment card information you provide is true, accurate, and complete, that you are duly authorized to use such payment card, that your payment card company will honor the charges, and that you will pay the charges incurred (including applicable taxes).
(c) Shipping and Risk of Loss. Tarter will arrange for shipment of the goods to you and you will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon transfer of the goods to the carrier. All shipping and delivery dates are estimates and not guaranteed. Tarter is not liable for any delays in shipments.
(d) Other. You represent and warrant that you are purchasing the goods solely for your own personal and individual use and not for resale, redistribution, or export.
13. Relationship Between the Parties.
15. Injunctive Relief; Remedies.
16. Governing Law; Jurisdiction and Venue; Limit on Commencing Actions.
(c) Limitation on Actions. You must commence any cause of action or claim against Tarter within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.
17. International Access.
This Website can be accessed from countries other than the United States. This Website may contain products or services, or references to products or services, that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations.
18. Contact Information.
Please send any notices, questions, comments, or concerns regarding the Website to:
Tarter Gate Company, LLC
10739 South U.S. 127
Dunnville, Kentucky 42528
21. Entire Agreement.