TRI-STATE OUTFITTERS USER AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
TRI-STATEOUTFITTERS.COM WEB SITE ("THE "TRI-STATE SITE"). BY ACCESSING OR USING THE TRI-STATE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE TRI-STATE SITE. TIMBER BRONZE, INC. (HEREINFAFTER
REFERRED TO INDIVIDUALLY AND COLLECTIVELY WITH TRI-STATEOUTFITTERS.COM AS "TRI-STATE") MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE TRI-STATE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE TRI-STATE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
Domestic and International copyright and trademark laws protect the entire contents of the
TRI-STATE Site. The owners of the intellectual property, copyrights and trademarks are Tri-State Outfitters,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE TRI-STATE SITE,
INCLUDING TEXT, GRAPHICS AND CODE.
You may print and download portions of material from the
different areas of the TRI-STATE Site solely for your own non-commercial use, provided that you
agree not to change or delete any copyright or proprietary notices from the materials.
Furthermore, you agree to grant to TRI-STATE a non-exclusive, royalty-free, worldwide,
sub-licensable, perpetual license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the TRI-STATE Site (such as bulletin boards,
forums and newsgroups) or by e-mail to TRI-STATE by all means and in any media now known or hereafter
developed. You also grant to TRI-STATE the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no recourse against TRI-STATE for
any alleged or actual infringement or misappropriation of any proprietary right in your
communications to TRI-STATE.
2. Use of the TRI-STATE Site.
You understand that, except for information, products or services
clearly identified as being supplied by TRI-STATE, TRI-STATE does not operate, control or endorse any
information, products or services on the Internet in any way. Except for TRI-STATE - identified
information, products or services, all information, products and services offered through the
TRI-STATE Site or on the Internet generally are offered by third parties that are not affiliated with
You also understand that TRI-STATE cannot and does
not guarantee or warrant that any files available for downloading through the TRI-STATE Site will be
free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input and output, and
for maintaining a means external to the TRI-STATE Site for the reconstruction of any lost data.
In connection with your use of the TRI-STATE Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content
("Material") that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory,
vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of
privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a TRI-STATE official, forum
leader, guide or host or falsely state or otherwise misrepresent your affiliation with a
person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or
transmit under any law or under contractual or fiduciary relationships (such as nondisclosure
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that
you upload to any communication feature;
f) Use communication features of the TRI-STATE Site in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of all caps,
or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam,"
"chain letters," "pyramid schemes" or any other form of solicitation or any non-resume
information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity; or
k) Manipulate or otherwise display the TRI-STATE Site by using framing or similar navigational
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE TRI-STATE SITE AND THE INTERNET. TRI-STATE
PROVIDES THE TRI-STATE SITE AND RELATED INFORMATION "AS IS" AND, EXCEPT FOR TRI-STATE-IDENTIFIED PRODUCTS,
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE,
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE TRI-STATE SITE OR ON THE INTERNET GENERALLY,
AND TRI-STATE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. EXCEPT FOR TRI-STATE-IDENTIFIED PRODUCTS, IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE TRI-STATE SITE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. TRI-STATE HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL TRI-STATE BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE TRI-STATE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED BY OTHERS ON THE
TRI-STATE SITE, OR DOWNLOADED FROM THE TRI-STATE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
TRI-STATE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) EXCEPT FOR TRI-STATE-IDENTIFIED PRODUCTS, ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN MATERIALS OR INFORMATION DOWNLOADED THROUGH THE TRI-STATE SITE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TRI-STATE'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless TRI-STATE, its
officers, directors, employees, agents, licensors, suppliers and any third party information
providers to the TRI-STATE Site from and against all losses, expenses, damages and costs, including
attorneys' fees, resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or your use and access of the TRI-STATE Site.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the TRI-STATE Site), and 3
(Indemnification) are for the benefit of TRI-STATE and its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the TRI-STATE Site. Each of these
individuals or entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5. Term; Termination.
Either party without notice may terminate this Agreement at any time for any reason. The
provisions of paragraphs 1 (Copyright), 2 (Use of the TRI-STATE Site), 3 (Indemnification), 4
(Third Party Rights) and 9 (Miscellaneous) shall survive any termination of this Agreement.
6. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to
comply with all local rules, including, without limitation, rules about the Internet, data,
e-mail or privacy, in your access and use of the TRI-STATE Site.
7. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or
through the TRI-STATE Site, regarding the payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such dealings, are
solely between you and such third party. You agree that TRI-STATE shall not be responsible or liable
for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The TRI-STATE Site may provide, or third parties may provide, links to
non-TRI-STATE Internet World Wide Web sites or resources. Because TRI-STATE has no control over such sites
and resources, you acknowledge and agree that TRI-STATE is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such sites or
You further acknowledge and agree that TRI-STATE shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services available on or
through any such site or resource.
This Agreement shall all be governed and construed in accordance
with the laws of the State of Oregon applicable to agreements made and to be performed in
Oregon. You agree that any legal action or proceeding between TRI-STATE and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in or for the county of Wallowa,
state of Oregon.
Any cause of action or claim you may have with respect to the TRI-STATE
Site must be commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. TRI-STATE's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. TRI-STATE may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Any rights not expressly granted herein are reserved.